1.1 On the websites and their subdomains which it operates and which are listed immediately below, the Ebner Verlag GmbH & Co. KG, Karl Strasse 3, D-89073 Ulm (hereinafter referred to as “Ebner”) offers various services which require prior registration. Among others, these services include a community area which offers each user the opportunity to create an account with a profile (hereinafter referred to as “services”). In addition to information which the user is required to provide in the context of this profile, the user may also choose to deposit, to post or to upload (hereinafter referred to as “to post”) diverse contents such as texts, images, music, software, photos, graphics and/or videos (hereinafter referred to as “contents”). The user can also choose to participate in discussion forums.
1.3 By registering or using the services, the user agrees to the validity of these terms; otherwise the services may not be used. Ebner reserves the right to change these terms; if any such changes are made, they will take effect at a future date. The changes will be communicated to the user via email or when the user logs in; the changes will take effect only after an appropriate period of prior notice has passed. The new terms are considered valid if the user does not object to the changes within four weeks or if the user uses the service again. Ebner will expressly notify the user of this in the notification which Ebner sends to the user.
2.1 Participation is open only to users who are fully competent or act with the consent of their legally authorized representatives.
2.2 The user agrees to provide true data as specified in the registration form and will regularly update these data. This particularly applies to the email address provided by the user. The user has been informed that legal declarations (e.g. confirmation email, changes to the terms, termination of the account) will be sent to him via email.
2.3 The user’s membership begins with his receipt of the confirmation email that Ebner sends after registration to the email address provided by the user; membership is not transferrable or inheritable.
3. General Obligations of the User
3.1 The user shall ensure that his account is used only by him. He will therefore keep his access data (especially his password) secret and will not disclose it to anyone. The user shall immediately notify Ebner of any attempt to misuse his account.
3.2 The services provided by Ebner may only be used for the user’s own information purposes. This includes the possibility of printouts and, in the case of download offers, the possibility of storing the data which Ebner provides in the context of the services. Any other copying, dissemination or usage of the data and contents, especially outside the scope of the services provided by Ebner, is prohibited.
3.3 The user shall refrain from any action which either interferes with or could interfere with the functionality of the services provided by Ebner. The user may not process, alter, translate or otherwise disseminate third-party content.
3.4 The user is not permitted to use Ebner’s services for commercial or advertising purposes of any sort whatsoever, e.g. by taking over contact data or in the context of communicative services (chat forums).
4. Responsibility for Contents; Usage Rights
4.1 Ebner does not check user-contributed articles and contents before they are published on Ebner’s websites. The user therefore agrees to respect the rights of third parties, including the rights of Ebner. Responsibility for all contents that are posted in Ebner’s services lies exclusively with the user. For this reason, the user agrees not to commit any acts or post any contents or disseminate any contents via Ebner’s services which violate currently valid legal regulations. In particular, these include existing criminal laws, regulations for the protection of minors, or antitrust laws. In particular, the user is prohibited from disseminating contents which are racist, offensive, discrediting or obscene, or which glorify violence. Similarly, the user shall respect the rights of third parties, especially personal rights, patents, trademarks, copyrights or intellectual property rights. Indirectly making prohibited contents accessible, e.g. in the form of a link to prohibited contents, shall be considered as a preparatory action.
4.2 For the contents posted by the user (see section 4.1), the user grants to Ebner the cost-free, non-exclusive, spatially, contentually and temporarily unlimited right to copy, to disseminate, to make available and to keep accessible the contents within Ebner’s services. The user guarantees that he holds the necessary rights relevant to all posted contents. If he does not hold the rights to content which he has posted, he guarantees that the necessary transfers of rights, permissions, consents, etc. were validly obtained. However, Ebner is not required to store these contents and to keep them accessible. In the event that the user terminates his membership, Ebner has the right to keep the posted contents accessible until the user revokes this right. If the user revokes his granting of rights to Ebner, the right of withdrawal applies exclusively to the contents which the user uploaded into his profile; the right of withdrawal does not apply to other contents in forums or to other services. In case of express revocation, Ebner will also delete the user’s profile.
5. Blocking and Deletion of Contents
5.1 Ebner does not check contents posted by users and acts only on information provided by third parties who notify Ebner about potentially illegal contents. In such cases, Ebner has the right to temporarily block the contents in order to determine the truth of the third party’s claim that the contents infringe on the rights of third parties or are otherwise unlawful. In this case, Ebner will immediately notify the user about the blocking and will give him opportunity to refute the alleged accusations. If the user does not respond or if, despite the user’s statement, doubt cannot be allayed about the illegality of the contents that have been called into question, then Ebner will delete the contents.
5.2 In the event that a third party files a claim against Ebner charging a violation of rights (especially pursuant to section 4.1), then the user shall release Ebner upon first demand and shall bear the costs of legal defense. To the best of his ability, the user will support Ebner in its defense against these claims. If the user fails to comply with this obligation within a reasonable time, then Ebner has the right to resolve the third party’s claim at Ebner’s discretion, in consideration of the facts and the legal situation, and at the expense of the user.
6. Services from Ebner; Liability
6.1 By registering and setting up his account, the user is entitled to receive the desired services from Ebner. Ebner has the right to change or to further develop the range of services which it offers; the user does not have the right to demand specific services with the range of offered services.
6.2 Ebner is liable only for intent and gross negligence, as well as for slight negligence involving the breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place or which, if not fulfilled, jeopardize the achievement of the purpose of the contract, and the fulfillment of which can be regularly expected by the user (cardinal obligations). Ebner is not liable for slight negligence of secondary obligations.
6.3 The limitation of liability described above does not apply to claims for damages resulting from injury to life, body or health, or to the assumption of a quality guarantee, or to fraudulent concealment of defects by Ebner, or to claims filed by the user pursuant to the Product Liability Act.
6.4 If Ebner’s liability is excluded, this exclusion shall also apply to the personal liability of Ebner’s employees, workers, colleagues, representatives, shareholders and agents and/or to companies affiliated with Ebner.
7. Termination; Blocking of the Account
7.1 The user can terminate this usage agreement without prior notice. Notice of termination should be sent to email@example.com.
7.2 The period of notification for Ebner is two weeks. Ebner shall notify the user by sending notification to the email address(es) deposited by the user as part of the user’s profile. The right to immediate termination is reserved, especially in the event that the user breaches provisions specified in section 4.1.
7.3 After termination of the usage agreement, Ebner has the right to delete the contents and especially to delete the profile created by the user. This right of deletion is also applicable in the event that the user does not receive notice of termination from Ebner because the user failed to comply with his obligation to update his email address as specified in section 2.2.
8.1 Ebner has the right to use personal data of the user for the purpose of performing its services.
8.2 For details about Ebner’s handling of personal data, please refer to our Privacy Statement.
9. Applicable Law; Jurisdiction
9.1 The law of the Federal Republic of Germany shall apply.
9.2 If the customer is a merchant in the sense of the HGB (German Civil Code) or a legal entity of public law, then the exclusive jurisdiction for disputes is Ulm, Germany.