§ 1 – Provider, Content of the Service
The provider of the website community.bothand.eu (henceforth, ‘Platform’) is the bothAnd gGmbH, Richardstraße 85/86, 10243 Berlin, Germany (henceforth ‘Provider’, ‘we’). The following terms govern the rights and obligations between us and the respective users of the platform (henceforth, ‘you’).
§ 2 – Access requirements, Registration
(1) Every visitor to our platform can view the public area of the platform with the presentation of represented actors, groups and projects, without needing to fulfil special requirements.
(2) To create a user profile, to join a group or a project, to publish and edit posts or documents and to use further interactive functions on the platform, require registration on the platform.
(3) Every individual may register on the platform giving a self-chose user name (which may also be a pseudonym), their e-mail address and a self-chosen password. Further information can be voluntarily added. Once we have accepted your registration application, you will receive a confirmation via e-mail.
(4) Only one registration per person is allowed. A substitutionary or fiduciary registration for third parties is not permitted. We reserve the right to terminate a user agreement without notice, if it is based on multiple registrations by the same individual or a substitution or proxy for a third party.
(5) User profiles are not transferable; any rights connected to a profile apply only to the person that set up the profile and cannot be bestowed upon any other legal or natural person.
§ 3 – Granting of Rights
(1) In certain areas of the platform, you may take part with your own posts (for instance, writing texts, uploading images and other media). For all your posts, you guarantee us that you have all necessary rights for all the component parts of a post; this especially includes the consent of people who are recognisable in photographs or videos. You also agree to indemnify us from all eventual claims of possible infringements which other platform users or third parties raise against your post. The right to indemnity also includes our costs that may be incurred for a suitable inquiry and, if necessary, legal defence, unless you are not responsible for the complaint of the third party.
By posting within the service, you grant us the right to save your post on the internet servers of the platform and to make it publicly available, as far as the functions of the platform for networking, exchange and collaboration of users foresee. The granting of the right is a geographically unlimited right.
(3) For content, which is saved in your user profile, the granting of the right is limited in time to the duration of your user agreement with us. For content, which you sent via the platform as a message to others users or exchanged as part of a discussion or collaborative editing of a document on the platform, the granting of rights is valid until the point in time when all recipients and editors of your content, alongside you, have ended their user agreement with us.
(4) The granting of rights to us from your side is free of charge.
§ 4 – Quality Assurance
We reserve the right to remove content from the platform, when we are convinced that the content is incompatible with the goals of our platform – namely the information, cooperation and support of users amongst themselves. This is especially the case when a post is:
- of an insulting character, whether in content or form, which, even taking into account freedom of expression, is intolerable.
- contains or constitutes an infringement, such as defamation, libel, hate speech, coercion, extortion, threats, or violations of copyright, trademark law, or personal rights.
§ 5 – Termination of the User Agreement
(1) User agreements, which are free of charge, may be terminated at any time by written notice (for instance, via e-mail).
(2) The termination of the user agreement does not affect the rights previously granted to us for certain content, in as far as other users continue to work with is (see § 3 Paragraph 3).
(3) We will keep a user’s posts, which are part of a discussion on the platform, even after the termination of the user agreement, however the user name originally published with the post will be removed and replaced with the information that the user who wrote the post is no longer active on the platform.
(4) We operate the platform for an undefined period of time. In the context of a free of charge user agreement, you therefore have no claim to an unlimited term and also no claim to a certain level of availability of the platform.
§ 6 – Liability for Content
The procedures of the platform are automated, especially the acceptance and posting of content, which is contributed by our users. We do not check submitted content for appropriateness, factual correctness or law violations before publishing. We commit ourselves, however, to follow up specific indications of problematic content and to delete it if needed.
(2) If you do not object in written form (for instance, via e-mail) within four weeks from the announcement of the change, your consent to the change is considered as granted. We will specifically point out this legal consequence in our announcement of the change.
(3) If you object to the announced change, this may be a reason for us, to terminate the user agreement with you with effect from the entry into force of the change.
§ 8 – Closing Provisions
(1) The use of the platform is subject to the law of the Federal Republic of Germany, excluding the conflict of laws of International Private Law. This choice of law does not apply insofar as it would restrict the mandatory legal rights of a consumer with permanent residence abroad.
(2) The responsible body for data protection is the provider named in § 1. Our data protection regulations apply, which you can find at https://www.bothand.eu/data-protection/
As of: 22. 04. 2020