(Status of development as of 12.09.2020)
“Themennetzwerke” is an interactive online offering and social network of apm³ GmbH (Am Mühlenturm 74, D-46519 Alpen), hereinafter also referred to as “Themennetzwerke”). Accordingly, the user concludes the contract on the use of the theme network. The user has the possibility to register, to publish information about himself, to build up a contact network consisting of members, to search for other persons (members/users) within the platform as well as to use many more functions.
1. subject matter of the contract, scope, amendment
- The operator offers a professional social network on the Internet platform themennetzwerke.de, through which registered users can contact and communicate with each other for the establishment and maintenance of professional networks.
- The following terms and conditions conclusively regulate the contractual relationship between Themennetzwerke and the respective user and apply exclusively. Any terms and conditions of the user that conflict with or deviate from these terms and conditions shall not be recognized unless Themennetzwerke has expressly agreed to them in an individual case.
- The contract is concluded by the complete and truthful registration on the website of Themennetzwerke. When registering, the user selects a , with which he can create his user profile in accordance with section 3 of these terms and conditions. Furthermore, he states his first and last name as well as his date of birth.
2. registration and use
2.1 In order to use the services of Themennetzwerke, registration on Themennetzwerke website is required. When registering, the user must provide his data completely and truthfully. The user must be a natural person and over the age of 18. Themennetzwerke has the right to request appropriate proof of the personal details provided. The user may only register once on the Internet platform and thus only maintain one user profile.
2.2 By completing the registration process, the User makes an offer to enter into a contract of use for the services of the Themennetzwerke website. Themennetzwerke accepts this offer by activating the user for the registered services. Only with the activation by Themennetzwerke the contract is concluded. The user has no right to conclude a user contract.
3. duties of the user
3.1 The user can create his own user profile after complete registration and activation by Themennetzwerke. The user undertakes to provide truthful information when creating and structuring his own user profile.
3.2 The user assures that he/she does not violate any rights of third parties, in particular copyrights or ancillary copyrights of the photographer, with the posted images, texts and other information and that he/she has obtained all necessary consents of the rights holders for the publication.
3.3 All information of the user (his user profile) is stored in a central database of Themennetzwerke. The User agrees that his/her data may be viewed by users of the Website and that they may send him/her contact requests. In addition to the user names, another user can only access profile information of a user that the user has marked as “public”.
3.4. Furthermore, the user undertakes to observe the applicable laws and all rights of third parties when using the content and services on the Theme Network Website.
3.4.1 In particular, the user is prohibited from,
- use insulting or defamatory content
- use pornographic content or content that violates the laws for the protection of minors or to advertise, offer or distribute pornographic products or products that violate the laws for the protection of minors,
- harass other users unreasonably (in particular through spam) (cf. Section 7 of the Unfair Competition Act UWG),
- use content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so, or advertise, offer or distribute goods or services protected by law, as well as
- Engage in or promote anti-competitive acts, including progressive customer solicitation (such as chain, snowball or pyramid schemes).
3.4.2 In addition, the user must refrain from the following harassing actions, even if they do not specifically violate any laws:
- Sending chain letters,
- Sending identical private messages to multiple users at the same time,
- Conduct, advertise, and promote structural sales activities; or
- lewd or sexually suggestive communication (explicit or implicit).
3.4.3 The following actions are prohibited for the user:
- Distribution and public reproduction of content from the Themennetzwerke website or from other users,
- any action that is likely to impair the functionality of the Themennetzwerke infrastructure, in particular to overload it.
4. rights of Themennetzwerke
4.1 Themennetzwerke reserves the right, but is not obligated to do so, to check images, profiles and other contributions at any time and without stating reasons and to remove them and block the user profile in the event of a violation of these terms and conditions.
4.2 The user transfers to Themennetzwerke the right to publish the images, texts and posts provided in the user profile on www.themenentzwerke.de.
5. contract term, cancellation, termination
5.1 The membership contract shall run for an indefinite period and may be terminated at any time without notice. The cancellation can be made by e-mail, which should contain the username and the e-mail address deposited with the operator, or via the contact form.
5.2 The right to extraordinary termination without notice for good cause shall remain unaffected.
5.3 If there is an important reason for termination, Themennetzwerke may also impose the following sanctions on the user:
- Deletion of content posted by the user
- Deletion of the profile of the user
- Blocking access to the services of the Themennetzwerke website.
5.4 The contract ends automatically with the deletion of the profile regardless of whether the user or whether Themennetzwerke has deleted the profile.
6. liability of Themennetzwerke
6.1 Themennetzwerke shall be liable without limitation for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, limb or health.
6.2 Themennetzwerke shall only be liable for other damages if an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user may regularly rely (cardinal obligations).
6.3 In all other respects, liability is excluded. Themennetzwerke is not liable in particular for:
- the accuracy and completeness of the information in the user profiles of the users;
- the alteration, processing, copying or distribution of images and other contributions by other users;
6.4 The aforementioned liability regulations also apply to the vicarious agents of Themennetzwerke.
7. responsibility for contents, data and/or information of the users
7.1 Themennetzwerke accepts no responsibility for the content, data and/or information provided by users of the Themennetzwerke website or for content on linked external websites. In particular, Themennetzwerke does not warrant that such content is true, has a particular purpose or can serve such a purpose.
7.2 As far as the user notices a use of the Themennetzwerke website that is contrary to the law or to the contract, he can report it using the form accessible on the Themennetzwerke website from any page.
8.2 Insofar as claims are made against Themennetzwerke by third parties due to illegal actions of the user – in particular in the area of data protection, trademark, copyright and competition law – the user undertakes to indemnify Themennetzwerke against all justified claims and to bear the reasonable costs incurred as a result of the claim or removal of the illegal condition.
9. rights to content
9.1 By posting contributions on www.themennetzwerke.de, the user grants Themennetzwerke an unlimited, irrevocable and transferable right of use to the respective contribution, which entitles Themennetzwerke to any kind of exploitation, in particular to permanently maintain the contribution on the Themennetzwerke website.
9.2 Themennetzwerke thus has the right to use all contributions to the discussion forums it operates. The copying, downloading, distribution, dissemination and storage of content from the Themennetzwerke website is not permitted without their express consent.
10. final provisions
10.1 Should individual provisions of this contract be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.
10.2 Unless otherwise agreed, the user may submit declarations to Themennetzwerke by e-mail at firstname.lastname@example.org or using the at https://themennetzwerke.de/en/contact/ or send them by letter. Themennetzwerke may transmit declarations to the User by e-mail or letter to the address that the User has specified as the current contact data in his user account.