Terms of use for online platform: Borgmann Aquaponik Hydroponik
1 Scope of the Terms of Use
(1) These Terms of Use apply to the online offer Borgmann Aquaponik Hydroponik, which can be accessed on the Internet at https://borgmann-aquaponik-hydroponik.ch/. This is a platform on which Users can create profiles. This is a platform on which users can create profiles.
(2) You can call up and print out the currently valid Terms of Use with this document.
2 Conclusion of contract and user account
(1) By completing the online registration process and creating a profile, a user contract is concluded with the operator. The subject of the user contract is the free use of the profile.
(2) The creation of a profile requires the creation of a user account. This consists of a user name and a password ("log-in data").
(3) The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator.
(4) The user assures that the data used to create his profile ("profile data") is accurate and complete. The use of pseudonyms is not permitted.
(5) The contractual language is exclusively German.
(6) In any communication of the user with other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor does he himself become a contractual partner.
3 Use of the profile
(1) When using the profile, the user can make use of various services:
The user has the possibility to publish own content (text, pictures etc.) within the portal.
The user has the possibility to send messages to other users.
(2) The operator is entitled to block access to individual contents at any time, e.g. if there is suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
(3) The operator endeavours to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the portal in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond its control.
4. the user's duty to cooperate: posting content
(1) The user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his/her own content and not to violate any rights of third parties (e.g. rights to a name, trademark, copyright and data protection rights).
(2) The User undertakes vis-à-vis the Operator that any content posted on the portal will not violate applicable law or morality either through its content or form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content which
- racism
- glorification of violence and extremism of any kind
- calls and incitements to criminal offences and breaches of the law, threats against life, limb or property
- incitement against persons or companies
- statements violating personal rights, slander, defamation and defamation of users and third parties as well as violations of the law on fair trading
- copyright infringing content or other infringements of intellectual property rights
- sexual harassment of users and third parties
- pornography
- offensive, sexist, obscene, vulgar, hateful or objectionable material or language.
- constitute, relate to or include pornography.
(3) Content protected by copyright may only be included verbatim in posts without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.
5 Further duties of the user to cooperate
(1) Without the express permission of the operator, the user may only use the portal for private purposes and may not advertise for himself or for third parties. This means in particular that the user may not use messages with advertising content without the consent of the operator and the recipient (in particular: spam messages).
(2) In case the user uses the possibility to inform third parties about the existence of the portal via the recommendation function provided by the operator, he has to make sure that the third party agrees to the sending of the advertising recommendation e-mail.
(3) In the event that the contents contain hyperlinks to third party sites, the user assures that he/she is authorised to use the hyperlink and that the website to which the link is made ("landing page") is compatible with applicable law and the rights of third parties.
(4) The user is obliged to handle the log-in data with care. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing the log-in data.
(5) The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the portal or the technical infrastructure behind it. This includes in particular
the use of software, scripts or databases in connection with the use of the portal;
the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the portal;
(6) It is also a violation of personal rights and therefore not permissible to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats which are not intended for the public. Users may not include in their posts or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
(7) Should the use of the portal or its functionalities be disrupted, the user shall inform the operator of this disruption without delay. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
6 Rights of use
(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to exploit the content posted in the online offer. The operator is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The user waives the right to name the author. This provision shall not affect the user's option to grant third parties rights to posted content in accordance with certain licensing models.
(2) All rights to the contents of the portal belong to the operator. The user is prohibited from copying, distributing and/or publishing content that the operator, other users or third parties have posted on the portal.
7 Liability
(1) Unlimited liability: The Operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. The operator is liable for slight negligence in the case of damages resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability applies: In the case of slight negligence, the Operator is only liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the User may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply to the benefit of the Operator's vicarious agents.
8. right to exemption
The User shall indemnify the Operator and its employees or agents against all claims of third parties arising from alleged or actual infringement of rights and/or violation of third party rights through actions undertaken by the User in connection with the use of the portal. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defence.
9 Personal data
(1) The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of IP addresses, which are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him/her in his/her profile presentation within the portal for other users of the portal and third parties who are not users of the portal.
(2) The user also consents to the use of his personal data for the personalisation of advertisements placed on the portal (personal data will not be passed on to the advertisers). The user also agrees to advertisements of third parties, of whatever kind, being placed on his profile pages.
(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data with care and to process it exclusively within the scope of the user's consent under data protection law. Any further use of personal data by the Operator will only take place if this is legally permissible or if the User has consented in advance.
(4) The User also agrees to the Operator using the User's personal data for direct marketing purposes. This includes contacting the user by e-mail and by post.
10 Duration of contract/termination
(1) The contract shall run for an indefinite period and may be terminated by either party at any time without observing a notice period and stating reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
(3) The operator has good cause to terminate this contract if the customer persistently violates his obligations according to section 4 or 5 of this contract.
11. final provisions
(1) Should the contract contain invalid provisions, the validity of the rest of the contract remains unaffected.
(2) The present contract shall be governed exclusively by Swiss law.
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