§1 Conclusion of the contractual relationship, changes to the Terms and Conditions of Use
(1) The following Terms and Conditions of Use regulate the contractual relationship between the provider of the Support Forum at shabushabu.eu (hereinafter referred to as “the forum”) , Glumpler GbR (hereinafter referred to as "provider") and the user.
(2) With the completed registration process for the forum the user submits an offer for the conclusion of a license agreement based on these Terms and Conditions of Use. With the authorisation of the user account on the part of the provider the latter accepts this offer for the conclusion of a license agreement.
(3) In case of doubt, the provider only acknowledges the user’s adverse conditions or terms diverging from these Terms and Conditions of Use in an express written confirmation.
(4) The provider is entitled to change and adjust these Terms and Conditions during the current membership. The provider will pass on to the user the changed conditions in written form and will specifically point out the new regulations. At the same time the provider will grant the user an adequate period for the declaration if he accepts the changed Terms and Conditions of Use for the further utilisation of the services. If within this period no declaration is made the changed conditions are considered agreed. At the beginning of the period the provider will expressly point out to the user the legal consequences. If the user objects to the changes of these conditions the provider is entitled to terminate without notice the license agreement at the time of the Terms and Conditions of Use taking effect against with remaining users.
§2 Object of the license agreement
(1) The object of the license agreement is the provider’s provision of a globally accessible forum. The forum is dedicated to the following topic area: Support for the WP-Plugins NextGEN FlashViewer and NextGEN ImageFlow.
(2) The provider makes available to the user the following options of use:
- Creation of personal profile, which is publicly accessible for other registered users and furthermore for any user of the Internet and which may be searched for using search engines.
- Upload of own content and content management via the user account.
- Establishing contact with other users, managing of contact details.
- Confirmation and rejection of contact queries from other users.
- Receiving and sending messages from and to other users.
- Confirmation of search query for other users and profile details.
- Entry of contributions in user forums relating to the planned topic areas.
- Entry of contributions and comments in blogs relating to the planned topic areas.
(3) The actual graphic and functional design of the options of use subject to the agreement, the expansion of the options of use with additional features or their complementation with additional services subject to charges are at the provider’s discretion. Subject to the maintenance of the options of use according to this agreement the provider is entitled at any time to modify and adjust the actual design.
(4) The forum is available to the user indefinitely for at least 95% on annual average. Inevitable, unforeseen and extraordinary events leading to the non-availability of the forum, such as e.g. electricity failures, hacking attacks, failures of the telecommunications systems at the point of connection to the Internet are not used for the calculations of the minimum availability.
§3 Registration, user account, handling of passwords
(1) Individual or legal persons may register for the use of the forum. A legal person may only be registered via a person authorised to represent. Only users aged at least 16 years may register.
(2) The user is obliged to provide truthful and full personal details in accordance with the registration form and to keep his details updated consistently.
(3) The user is obliged to keep his password secret, to safe-keep it and not to make it available to third parties. If third parties know the password the user must inform the provider immediately via email or in writing so that the old password may be disabled and a new password may be assigned. The user is not entitled to make available his user account to third parties. The user acknowledges that he is fully responsible for the actions of the third party, whom he makes his user account available to.
§4 The user’s general duties
(1) The user may only use the options of use made available by the provider within the scope of the contractually intended purposes. The user is banned from any misuse going beyond this purpose, which particularly includes the following actions:
- systematic reading out of contact details of other users to pass on to third parties;
- unreasonable molesting of other users due to aggressive, obscene, insulting, defamatory or intrusive forum contributions or messages;
- contributions with sexual contents, contents glorifying violence, radical right-wing and radical left-wing contents;
- unreasonable molesting of other users due to sending of unrequested mass advertisements;
- extensive or permanent use of the forum to publish and distribute contents, which do not meet the purposes or topic area of the blogs and forums of the forum and which might affect the attractiveness of the forum for other users;
- all measures, which may lead to excessive system loads or system failures;
- the use of wrong identities for the registration, the entry of contributions or sending messages.
(2) Each of the above-mentioned breaches of duties entitles the provider to terminate the license agreement without notice and to disable the user account. Furthermore, the provider is entitled to refuse the authorisation of a new account for this user for the duration of one year from the termination.
(3) Statements and comments in messages, forum and blog entries shall meet the rules of a polite and respectful contact. Criticisms and opinions shall be constructive.
§5 The user’s duties regarding the contents uploaded
(1) The user must ensure that the uploading of contents (texts, images, photos, videos, names, brands, and the like) does not breach any rights of third parties (e.g. breach of copyrights, personality rights, rights to one’s own picture, breaches of competition laws).
(2) The user releases the provider from all claims of third parties, which the latter may assert against the provider due to a legal breach, which the user committed and is responsible for. In this regard, the user bears all costs required for the legal defence.
(3) The provider is entitled to delete or deactivate the contents uploaded by the user if they breach the rights of third parties or if third parties assert claims due to a legal breach, if the merit of the same cannot obviously be excluded.
(4) If the provider learns about a possible legal breach due to the user’s contents he will notify the user immediately in writing.
§6 Termination and deletion of the user accounts
(1) The user is entitled to terminate the license agreement with the provider at any time without giving reasons and without notice. The termination requires the text form or may be declared conclusively by deactivating the user account. In the event of the termination the user’s profile is deleted, his contributions and contents published in the forums and blogs will remain active, however, without a link to his profile.
(2) The provider is entitled to terminate the license agreement subject to a period of notice of one month to the end of the previous month.
(3) In addition to the termination subject to notice the provider is entitled to terminate the license agreement without notice for an important reason. Such an important reason can be in particular if the user
- repeatedly and seriously breaches his contractual duties (cf. §4),
- culpably and seriously breaches legal provisions when using the forum.
In these cases the provider is also entitled to delete the user account and to refuse the creation of a new account for this user for the duration of one year from the receipt of the termination.
(4) The provider will exercise his right to ordinary termination and deletion of the user account if the user does not log in for at least one year and does not react to reminder messages.
(1) The provider is liable in accordance with the legal provisions for all cases of intention or gross negligence. The liability for guarantees is independent from culpability. The provider is liable for slight negligence in accordance with the provisions of the Product Liability Act exclusively in the event of injuries to life, body or health or due to breaches of significant contractual duties. The claims for damages for slight negligence breach of essential contractual duties is, however, limited to the foreseeable damages typical for this agreement, unless there is liability for injury to life, body or health. The provider is liable to the same extent for the culpability of vicarious agents and representatives.
(2) The regulation of the above paragraph §7 (1) applies to the damages in addition to the service, the damage instead the service and the legal entitlement due to futile expenditures, no matter for which legal reason, including the liability for defects, default or impossibility.
§8 Final provisions
(1) The Law of the Republic of Germany applies exclusively with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This excludes the claims in the area of commercial protective rights and copyrights.
(2) The possible invalidity of a provision of these Terms and Conditions of Use shall not affect the validity of the remaining Terms and Conditions of Use.
(3) If the customer is a businessperson, a corporate body under public law or fund assets subject to public law the exclusive place of jurisdiction for all disputes from this agreement is the provider’s head office. This also applies if the user does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time of the commencement of proceedings.