§ 1 Scope of application
§ 2 Registration, participation and membership
- A prerequisite for the active use of "Together in Germany" is prior registration. Upon successful registration the user becomes a member of the "Together in Germany" community platform.
- Membership is reserved for natural persons who have reached the age of 18. Minors are not permitted to register or use the platform.
- There is no entitlement to membership.
- Users may not allow third parties to use their access. Users are obliged to keep their access data secret and to protect it from access by third parties.
§ 3 Services of the provider
- The provider also provides a private messaging-tool free of charge in which users can communicate with moderators. Users have no legal claim to counselling.
- The provider shall endeavour to keep its service available at all times. The provider does not assume any further service obligations. Users have no right to constant availability of the service.
- The provider assumes no liability for the accuracy, completeness, reliability, up-to- timeliness and usefulness of the content provided.
§ 4 Private Messaging-Tool
- By using the private messaging-tool, the responsibility and obligations of the respective moderators and advisors are in no way directly or indirectly impaired or weakened. The professional practice of the moderators and counsellors is independent and in accordance with professional and other statutory regulations.
- The provider deletes the private messages between users and moderators after 6 months of inactivity. The deletion of the private messages has no effect on the membership; see also §7 para. 4.
§ 5 Exclusion of liability
- Claims for damages by users are excluded unless otherwise stated below. The aforementioned exclusion of liability also applies to the benefit of the provider's legal representatives and vicarious agents if the user asserts claims against them.
- Excluded from the exclusion of liability specified in paragraph 1 are claims for damages due to injury to life, limb, 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 objective of the contract. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
§ 6 Duties of the users
- The user undertakes vis-à-vis the provider not to publish any contributions that violate morality or applicable law. In particular, the user undertakes not to publish any contributions,
- which contain personal data,
- the publication of which constitutes a criminal offence or a misdemeanour,
- which violate copyright law, trademark law or competition law,
- which violate the Legal Services Act,
- which contain insulting, racist, sexist or other discriminatory or pornographic content,
- contain foul language, comparisons of persons with extremist groups, threats or accusations without supporting evidence
- which contain advertising; see also para. 2.
- Commercial and advertising content (advertising, promotional material, permanent references and links to one's own homepage as well as surreptitious advertising) is not allowed in the comments and signatures. On the other hand, links are permitted that point to further information and advisory services on a topic. It is not easy to distinguish between advertising and information and counselling services. Therefore, if the provider considers it to be advertising, the link or post will be deleted.
- The provider has the right to delete posts and content if they might contain a violation of the law.
- The provider has a claim against the users for indemnification against claims of third parties, which they assert due to the violation of a right by the user. The users undertake to support the provider in defending against such claims. The users are also obliged to bear the costs of a reasonable legal defense of the provider.
§ 7 Termination of membership
- The provider can terminate the membership without notice.
- Users may terminate their membership without notice.
- If users delete their account or have it deleted (termination of membership), their contributions to the forum remain visible to all. All other data, especially private chat histories, will be deleted. If the users wish that their contributions are also deleted, they can inform the provider.
- If the user does not actively use "Together in Germany" for more than 6 months (no login), his/her account will be deleted. The user will be notified in advance about the impending deletion by e-mail.
§ 8 Modification or discontinuation of the offer
- The provider is entitled to make changes to the community platform "Together in Germany".
- The provider is entitled to terminate its service subject to a notice period of 14 days. In the event of termination of its service, the provider is entitled to delete the contents created by the users.