Terms Of Use of the Forum

  1. § 1 General

    The following Terms of Use apply to the use of this website in the relationship between the user and HAPA-Forum (hereinafter "Provider"). Use of the forum and community features is only permitted if the user accepts these Terms of Use.
  2. § 2 Registration, Participation, Membership in the Community

    1. Prerequisite for using the forum and the community is a prior registration with the correct name in the area "Personal Information" and an age of at least 14 years. Registrations with so-called disposable e-mail addresses will not be accepted. With the successful registration, the user becomes a member of the community.
    2. There is no entitlement to membership.
    3. The user may not transfer his access to third parties for use. The user is obliged to keep his access data secret and to protect it from access by third parties.
  3. § 3 Services of the Provider

    1. The provider allows the user to post on his website under these Terms of Use. The provider provides the users a discussion forum with community functions, free of charge within the scope of its technical and economic possibilities. The provider endeavors to keep his service available. The provider does not assume any additional obligations. In particular, there is no entitlement of the user to a permanent availability of the service.
    2. The provider assumes no responsibility for the accuracy, completeness, reliability, timeliness and usability of the content provided.
  4. § 4 Disclaimer

    1. Claims for damages by the users are excluded, unless otherwise stated below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the user claims against them.
    2. Excluded from the disclaimer in paragraph 1 are claims for damages due to injury to life, body, health and claims for damages resulting from the violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
  5. § 5 Rule of Conduct

    1. The user commits himself to the provider, to publish any posts that violate the good manners or applicable law. In particular, the user agrees to maintain the online etiquette of the forum and not to publish any posts,
      • whose publication constitutes a criminal offense or constitutes a misdemeanor,
      • that violate copyright, trademark or competition law,
      • that violate the Legal Services Act,
      • that have insulting, racist, discriminatory or pornographic content,
      • that contains advertisements.
    2. In the event of a breach of the obligation under paragraph 1, the provider is entitled to modify or delete the corresponding posts and to block the access of the user. The user is obliged to compensate the provider for the damage caused by the breach of duty.
    3. The provider has the right to delete posts and content, if they could contain a violation of law.
    4. The provider has a claim against the user for exemption of claims of third parties, which assert this because of the violation of a right by the user. The user agrees to assist the provider in the defense of such claims. The user is also obliged to bear the costs of an appropriate legal defense of the provider.
    5. The provider ask every user who is disturbed by the content or form of a post to report this directly by private message to one or more of the administrators or via the report button at the bottom of every post.
    6. In particularly serious cases, especially in criminally relevant violations of this Terms of Use, the provider also reserve the right to call in the competent authorities.
  6. § 6 Transfer of Rights of Use

    1. The copyright for the submitted posts remains with the respective user. However, by posting content to the forum, the user grants the provider the right to make the content permanently available on his website for public access. The provider has the right to move postings within his website and to connect them with other content.
    2. The user has no claim against the provider for deletion or correction of posts made by him.
  7. § 7 Uploading Images

    1. Any user who posts images in the forum or gallery confirms that these are his or her own images or that he or she has permission to publish. In addition, each photographer confirms that he or she has observed to the best of his knowledge and belief all applicable laws, also in the sense of the GDPR.
    2. Each photographer indemnifies the provider against all third-party claims which assert these claims against the provider because of the violation of their rights, in particular copyright laws and data protection laws, due to the images uploaded by the photographer.
  8. § 8 Termination of Membership

    1. The user can terminate his or her membership by a corresponding statement to the provider without observing a deadline. Upon request, the provider will then delete the access of the user.
    2. The provider is entitled to terminate the membership of a user after a notice period of one week.
    3. If there is an important reason, the provider is entitled to block the access of the user immediately and to terminate the membership without notice.
    4. The provider is entitled after termination of membership to delete the access of the user. The provider is entitled but not obliged to delete the content created by the user in the event of termination of membership. A claim of the user to transfer the created contents is excluded.
  9. § 9 Change or Termination of the Service

    1. The provider is entitled to make changes to his service.
    2. The provider is entitled to terminate his service after a notice period of one week. In the event of termination of its service, the provider is entitled but not obliged to delete the content created by the users.
  10. § 10 Choice of Law

    The contractual relationship between the provider and the user is governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the user has his habitual residence.

(Last update: Nov 16th 2018, 12:10 pm)