Terms of use

Sec. 1 Scope

The following Terms of use apply to the use of the "Handbook Germany : Together" community platform in the relationship between users, community managers, external advisers and the website operator "Neue deutsche Medienmacherinnen e. V.", Potsdamer Str. 99, 10785 Berlin, Germany, represented by the Executive Committee Ella Schindler, Natali Sablowski (hereinafter referred to as "Provider"). Use of the Handbook Germany : Together community platform is only permitted if the User accepts the following Terms of use.

Sec. 2 Registration, participation and membership

1. The requirement for active use of the Handbook Germany : Together community platform is prior registration. Once successfully registered, users become members of the community platform.
2. Membership is reserved for natural persons who have reached the age of 16. Registration and use by minors is prohibited.
3. An entitlement to membership does not exist.
4. Users are prohibited from allowing third parties to use their account. Users are obliged to keep their access credentials secret and to protect them from access by third parties.

Sec. 3 Services of the Provider

1. The Provider allows users to post contributions on the Handbook Germany : Together community platform within the framework of these Terms of use. For this purpose, the Provider offers users a free forum with discussion platform functions within the scope of its technical and economic possibilities.
2. The Provider also offers a free private messaging function that allows users to communicate with community managers and external advisers. Users have no legal entitlement to a consultation.
3. The Provider endeavours to maintain a permanent service. The Provider does not assume any further performance obligations. Users have no entitlement to a permanent availability of the service.
4. The Provider assumes no liability for the accuracy, completeness, reliability, timeliness and usability of the content provided.

Sec. 4 Private messages

1. The use of private messages does not directly or indirectly affect or diminish in any way the responsibilities and obligations of the respective community managers and advisers. The community managers and advisers act independently and in accordance with professional and other legal requirements.
2. The Provider will delete private messages between users and community managers after two years of inactivity. The deletion of private messages is linked to the User's membership; see also Sec. 7.

Sec. 5 Disclaimer

1. Claims for damages by users are excluded unless otherwise stated below. The foregoing disclaimer also applies to the benefit of the Provider's legal representatives and vicarious agents if users assert claims against them.
2. Excluded from the disclaimer in Section 1 are claims for damages arising from loss of life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. Also excluded from the exclusion of liability is the liability for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.

Sec. 6 Obligations of the users

1. Users undertake towards the Provider not to post any contributions that are contrary to common decency or applicable law. In particular, users undertake not to post contributions

• that contain personal data,
• whose publication constitutes a criminal or administrative offence,
• that violate copyright, trademark or competition laws,
• that violate the German Legal Services Act (Rechtsdienstleistungsgesetz - RDG),
• that contain offensive, racist, sexist or other discriminatory or pornographic content,
• that contain foul language, comparisons of individuals with extremist groups, threats or accusations without evidence,
• that contain advertising; see also Sec. 2.

2. Commercial and promotional content (advertising, promotional material, permanent references and links to one's own homepage, as well as surreptitious advertising) is not permitted in comments and signatures. On the other hand, links to further information and advice on a topic are allowed. It is not easy to distinguish between advertising and information and advice. Therefore the following applies: If the moderator's opinion is that it is advertising, the link or post will be deleted.
3. Links can be used in posts. The Provider is not responsible for the linked content and makes no check in relation. However, the Provider reserves the right to remove links if their content violates the provision of these Terms of use.
4. In the event of a breach of the Terms of use, in particular of the obligation in Section 1, the Provider is entitled to terminate the membership, to amend or delete the relevant contributions and to block the User's access. The User is obliged to compensate the Provider for any damage caused by the breach of duty.
5. The Provider is entitled to delete contributions and content if they may contain a violation of the law.
6. The Provider has a claim against the User for indemnification against claims by third parties which they assert due to the violation of a right by the User. The User undertakes to support the Provider in the defence against such claims. The User shall also bear all reasonable costs for the Provider's legal defence.

Sec. 7 Termination of membership

1. The Provider may terminate a User's membership without notice.
2. Users may terminate their membership without notice.
3. If users delete their account or have it deleted (termination of membership), their posts in the forum remain visible to everyone. All other data, in particular private messages, will be deleted. If users also want their posts deleted, they can inform the Provider.
4. If users do not actively use the Handbook Germany : Together community platform for more than two years (no login), their account will be deleted. Users will be informed of this impending deletion by email in advance.

Sec. 8 Modification or discontinuation of the service

1. The Provider is entitled to modify or make changes to the Handbook Germany : Together community platform.
2. The Provider is entitled to terminate its service with a period of notice of 14 days. The Provider is entitled to delete the content created by users in the event the service is terminated.