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Terms of Service and Rules

Terms of Use

Last updated 09.09.2019 – please also refer to our Privacy Policy

 

1. Object of the Terms of Participation and Use


(1) baramundi software AG (hereinafter “baramundi”) provides an online forum at https://forum.baramundi.de (hereinafter “the Forum”), through which properly registered participants can contact and communicate with each other. Participants can create individual personal profiles, access content available in the Forum and use the other services currently available on the Forum at a specific time – in the respective extent to which they are available. 

(2) These Terms of Participation and Use regulate the provision of the services by baramundi and the use of these services by you as a properly registered participant.

 

2. Changes to the Terms of Participation and Use


baramundi reserves the right to amend these Terms of Participation and Use at any time. baramundi shall inform you at least 30 calendar days in advance of the planned date on which the changes are to become effective. If you do not object within 30 days of receiving the notification and continue to use the services even after the objection deadline expires, the changes shall be deemed to have been effectively agreed upon from expiry of said deadline. 

 

3. Right to register


(1) The use of the services available in the Forum requires you to be registered as a participant. No right to participation is conferred. baramundi shall be entitled to reject applications for participation without stating reasons.

(2) You may only register if you are of full age and of full legal capacity. Minors may not register. In the case of a legal entity, registration must be effected by a natural person of full legal capacity who is authorized to represent the entity.

 

4. Your registration 


(1) You must provide all contact data and other information requested by baramundi during the registration process in full and correctly. When registering a legal entity, details must also be provided of the natural person with authority to represent the entity.

(2) Once you have provided all requested data, baramundi shall check them for completeness and plausibility. If baramundi is of the opinion that they are correct and if baramundi has no other concerns, baramundi shall activate the access you requested and inform you of this by email. The email shall serve as acceptance of your application to participate. When you receive the email, you shall be authorized to use the Forum within the framework of these Terms of Participation and Use. To do this, you must first confirm your activation by clicking the link contained in the email. 

 

5. Responsibility for access data 


(1) During the registration process, you will be asked to enter a user name and a password. After your access has been activated and you have confirmed it, you can use these data to log in to the Forum. It is your responsibility to ensure that the user name does not infringe third-party rights – and in particular that it does not infringe any name or trademark rights – and that it is not contrary to accepted principles of morality.

(2) You must keep the access data, including the password, secret and must not make them accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that only you and/or the persons authorized by you access the Forum and use the services available on the Forum. baramundi must be informed immediately if there are concerns that unauthorized third parties have acquired or will acquire knowledge of your access data. You shall be liable, in accordance with statutory provisions, for any use and/or other activity that occurs under your access data.

 

6. Updating participant data


You shall be obliged to keep your data (including your contact data) up to date. If, during the period of your participation, there is a change in any of the data you have provided, you must correct the information immediately on the Forum in your personal settings. If you are unable to do this, please notify us without delay of your new data by email or fax.

 

7. Ending participation


(1) You may terminate your access at any time by unsubscribing from the Forum.

(2) baramundi reserves the right to block the user name and the password from the moment the termination becomes effective.

(3) On expiry of a period of 30 calendar days after the termination becomes effective and upon expiry of any statutory retention periods, baramundi shall be entitled to irretrievably erase all data arising during your participation.

 

8. Service offering and availability of the services


(1) On the Forum, baramundi shall provide different information services and other services for you to use for a limited time. Such services can, for example, include making data, contributions, visual and sound documents, information and other content (hereinafter collectively referred to as “Content”) available, and also the ability to create individual profiles and contact other participants by composing personal messages. The content and scope of the services shall be determined by the respective contractual agreements, and also by the respective functionalities currently available on the Forum at a specific time.

(2) The services available on the Forum can also include third-party services, to which baramundi shall merely provide access. The use of such services – which shall in each case be indicated as third-party services – may be governed by rules which deviate from or are additional to these Terms of Participation and Use; baramundi shall refer you to such rules in each such case. 

(3) Access shall only give entitlement to use the services available on the Forum within the framework of baramundi’s technical and operational capabilities. baramundi shall endeavor to ensure there is minimum interruption regarding usability of the services. However, technical issues (such as power cuts, hardware and software defects, or technical problems in data cables) can lead to temporary restrictions or interruptions.

 

9. Changes to services


baramundi shall at any time be entitled to change the services provided on the Forum, to make new services available free of charge or against payment, and to stop the provision of free-of-charge services. baramundi shall consider your legitimate interests in each such case.

 

10. Protection of Content, responsibility for third-party Content


(1) The majority of the Content available in the Forum is protected by copyright or by other industrial property rights and is in each case the property of baramundi, the other participants or other third parties that have made the respective Content available. The compilation of the Content as such is, where applicable, protected as a database or database work with regard to Sections 4 (2), 87a (1) of the German Copyright Act (UrhG). You may only use this Content in accordance with these Terms of Participation and Use and within the framework stipulated in the Forum.

(2) Some of the Content available on the Forum originates from baramundi and some from other participants and/or other third parties. Content of participants and of other third parties shall be collectively referred to below as “Third-party Content”. baramundi shall not check Third-party Content for completeness, accuracy or legality and shall therefore not assume any responsibility or warranty for the completeness, accuracy, legality or currency of the Third-party Content. This shall also apply in respect of the quality of the Third-party Content and its suitability for a specific purpose, and also where it involves Third-party Content of linked external websites.

 

11. Scope of permitted use, monitoring of usage activities


(1) Your usage authorization shall be limited to access to the Forum and to use of the respective services available on the Forum within the framework of the provisions of these Terms of Participation and Use.

(2) You shall yourself be responsible for establishing the technical requirements necessary within your scope of responsibility for contractual use of the services. baramundi shall not be liable to provide you with any advice in this regard.

(3) baramundi points out that your usage activities may be monitored to the extent permitted by law. This shall also include, where applicable, the logging of IP connection data and courses of conversations, as well as their analysis where there is a specific suspicion of an infringement of the present Terms of Participation and Use and/or where there is a specific suspicion concerning the existence of any other unlawful activity or criminal offense.

 

12. Creation of user profiles


(1) Where available as a functionality on the Forum, you can structure your user profile individually to suit your preferences – within the framework of the present Terms of Participation and Use. 

(2) Generally, baramundi shall not check the identity of profile owners or the information contained in the profiles. baramundi shall therefore not give any guarantee that each profile owner is in each case the person that the respective profile owner purports to be.

 

13. Placement of own Content by you


(1) Where available as a functionality on the Forum, you may place Content on the Forum in compliance with the following rules, and thereby make it available for third parties.

(2) By placing Content, you shall in each case grant baramundi a transferable right, free of charge, to use the respective Content, in particular
–     to store the Content on baramundi’s server and to publish it, in particular to make it available to the public (e.g. by showing the Content on the Forum); 
–    to process and duplicate the Content, where this is necessary for its respective provision and/or publication; and
–    to grant third parties rights of use (including against payment) to your Content pursuant to Clause 14.

Where you remove the Content placed by you from the Forum, the right of use and exploitation granted to us above shall expire. We shall, however, remain entitled to keep copies made for security and/or for evidence purposes. The rights of use already granted by you to participants in respect of Content placed by you shall also remain unaffected.

(3) You shall be entirely responsible for the Content placed by you. baramundi shall not check the Content for completeness, accuracy, lawfulness, currency, quality or suitability for a specific purpose. You therefore declare and warrant to baramundi that you are the sole owner of all rights to the Content placed by you in the Forum, or are otherwise authorized (e.g. through a valid permit from the owner of the right) to place the Content on the Forum and to grant the rights of use and exploitation pursuant to (2) above.

(4) baramundi reserves the right to refuse the placement of Content and/or to process, block or remove Content (including private messages) that has already been placed without prior notice, where the placement of the Content by the participant or the placed Content itself has resulted in a breach of Clause 15 (“Prohibited activities”) or there are specific grounds for believing that a serious breach of Clause 15 will occur. In such a case, baramundi shall, however, consider your legitimate interests and select the mildest means of averting the breach.

 

14. Right of use to the Content available in the Forum


(1) Unless more extensive use is expressly permitted in these Terms of Participation and Use or in the Forum or is enabled on the Forum through a corresponding functionality,
–     you may only access and show online the Content available on the Forum for personal purposes. This right of use shall be limited to the duration of your contractual participation on the Forum;
–     you shall be prohibited from processing, modifying, translating, showing or presenting, publishing, exhibiting, reproducing or disseminating, in whole or in part, the Content available in the Forum. You shall also be prohibited from removing or modifying copyright notices, logos, and other identifiers or protective notices.

(2) This shall not affect your mandatory statutory rights (including reproduction for private and other personal uses pursuant to Section 53 of the German Copyright Act (UrhG)).

 

15. Prohibited activities


(1) The services available on the Forum shall be intended solely for use by participants. Any use by you for or in connection with the following purposes shall be prohibited, unless such use has been expressly permitted in writing in advance by baramundi. Unauthorized use shall in particular include
–     all offers and advertisements for chargeable Content, services and/or products, both your own and also of third parties;
–     all offers of, advertisements for and performance of activities with a commercial background such as competitions, prize draws, swaps, advertisements or pyramid schemes; and
–     any electronic and/or other collection of identity and/or contact data (including email addresses) of members (e.g. for sending unsolicited emails).

(2) You shall be prohibited from carrying out any activities on or in connection with the Forum that violate applicable law, rights of third parties, or the principles on the protection of minors. In particular, you shall be prohibited from carrying out the following actions:
–     the placement, dissemination, offering and advertising of Content, services and/or products that is/are pornographic, that violate(s) laws on the protection of minors, data protection legislation and/or other laws and/or that is/are fraudulent;
–     the use of Content that results in other participants or third parties being offended or slandered;
–     the use, provision and dissemination of Content, services and/or products that is/are protected by law or that is/are encumbered with third-party rights (e.g. copyrights), without being expressly authorized in this regard.

(3) In addition and independently of a potential breach of law, when placing own Content on the Forum and when communicating with other participants (e.g. by sending personal messages, by participating in discussion forums or compiling guest book entries), you shall also be prohibited from carrying out the following activities:
–     spreading viruses, Trojan horses and other malicious files;
–     sending junk or spam emails and chain letters;
–     spreading offensive, shocking, sexual, obscene or defamatory Content or communications that is/are likely to promote and/or support (in each case either explicitly or implicitly) racism, fanaticism, hate, physical violence or illegal actions;
–     harassing other participants, e.g. by contacting them personally multiple times, either without any or contrary to the response of the other participant, and also promoting or supporting such harassment;
–     asking other participants to disclose passwords or other personal data for commercial or unlawful/illegal purposes;
–     the dissemination and/or public reproduction of Content available on the Forum, where you are not expressly permitted to do this by the respective copyright holder or this is not expressly made available as a functionality on the Forum.

(4) You shall also be prohibited from carrying out any action that is likely to impair the smooth operation of the Forum, and in particular to excessively overload baramundi’s systems.

(5) If you become aware of any use of the Forum that is illegal, abusive, in breach of contract, or is otherwise unauthorized, please contact 

baramundi software AG
Beim Glaspalast 1
86153 Augsburg

or using the form.

baramundi shall then investigate the matter and take appropriate steps where necessary.

(6) Where there is a suspicion of illegal or criminal activities, baramundi shall be entitled to and, where applicable, also obliged to check your activities and to initiate appropriate legal steps. This can also include referring a matter to the public prosecutor’s office.

 

16. Blocking access


(1) baramundi may block your access to the Forum either temporarily or permanently if there are specific grounds for believing that you are infringing and/or have infringed the present Terms of Participation and Use and/or applicable law, or if baramundi has another legitimate interest in the block. When deciding on a block, baramundi shall give appropriate consideration to your legitimate interests.

(2) In the event of a temporary or permanent block, baramundi shall block your access authority and shall notify you of this by email.

(3) In the event of a temporary block, baramundi shall reactivate your access authority upon expiry of the blocking period and shall notify you of this by email. An access authority that has been permanently blocked cannot be restored. Persons who have been permanently blocked shall be permanently prohibited from participating in the Forum and may not re-register on the Forum.

 

17. Limitation of liability 


If you suffer damage as a result of using services made available on the Forum, baramundi shall only be liable if the damage you suffered arose as a result of contractual use of the Content and/or services, and only in the event of intent (including malice) and gross negligence on the part of baramundi.

 

18. Severability clause


If a provision in these Terms of Participation and Use is or becomes invalid, this shall not affect the legal validity of the remaining provisions. Instead of such invalid provision, a valid provision shall be deemed to be agreed upon that comes closest to the economic intent of the Parties.

 

19. Applicable law


These Terms of Participation and Use shall be subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 

20. Place of jurisdiction


Provided that such an agreement on venue is permitted, the sole place of jurisdiction for all disputes arising under these Terms of Participation and Use shall be baramundi’s registered office.
 

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