§ 1 Scope of application
The following conditions apply to the use of the Klarso GmbH Index Manager Forum (hereinafter referred to as “provider”).
§ 2 Registration, Conclusion of Contract and Subject Matter
1. In order to use the forum, you must register via the corresponding online form. After registration via the online form in the forum you will receive a confirmation email for verification of your data, with which you can confirm your registration by mouse click. With the activation of your account by the provider, the free forum usage contract comes about (conclusion of contract).
2. The subject of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you as a user will be provided with an “account” with which you can post posts and topics in the forum.
3. There is basically no legal right to activation or participation in the forum. The unrestricted house right of the operator applies.
4. Your forum account may only be used by yourself. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as user names (nicknames) is not permitted.
5. The provider will strive to offer the service as interruption-free as possible. Even with all due care, downtimes cannot be excluded in which the web server cannot be accessed via the Internet due to technical or other problems beyond the provider’s control (third-party fault, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that 100% availability of the website is technically impossible.
6. The provider reserves the right to change and extend the content and structure of the platform as well as the associated user interfaces if the fulfilment of the purpose of the contract concluded with the user is not or only insignificantly impaired by this. The provider will inform the users accordingly about the changes.
7. The purpose of the Forum is a “market of opinions” addressed to the public. Therefore, users should treat each other friendly and respectfully without offensive hostility.
§ 3 Obligations as a forum user
1. As a user, you agree that you will not publish any contributions that violate these rules, morality or any other applicable German law. In particular, you are prohibited from doing so,
• to publish insulting or untruthful content;
• to send spam to other users via the system;
• to use contents protected by law, in particular by copyright and trademark law, without authorisation;
• to take anti-competitive actions;
• post your topic several times in the forum (prohibition of double postings);
• to publish press articles of third parties in the forum without the consent of the author;
• advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising, in particular linking your own homepage with or without text in the signature or within posts. Homepage URLs and address and contact data may only be published in the user profile of the forum.
2. As a user, you agree to check your posts and topics before they are published to determine whether they contain information that you do not wish to publish. Your contributions and topics can be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries vis-à-vis the provider is excluded.
3. In case of violation, in particular against the aforementioned rules § 3 paras. 1 and 2, the provider can also impose the following sanctions against the user irrespective of termination:
• deletion or modification of content posted by the user,
• issuing a warning or
• blocking access to the forum.
5. If third parties or other users assert claims against the provider due to possible legal infringements that a) result from the content posted by you as the user and/or b) result from your use of the provider’s services as the user, you as the user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible legal infringement. In particular, the provider is released from the costs of the necessary legal defense. The provider is entitled to demand an appropriate advance payment from you as the user. As a user you are obliged to support the provider in good faith with information and documents in legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement of rights, the aforementioned obligations do not apply.
§ 4 Transfer of rights of use
1. The copyright for your topics and posts, as far as these are copyrightable, remains basically with you as a user. However, by posting a topic or article, you grant the provider the right to make the topic or article permanently available on its website. In addition, the provider has the right to delete, edit, move or close your topics and posts.
2. The aforementioned rights of use shall also remain in force in the event of termination of the forum account.
§ 5 Limitation of liability
1. The provider of the forum does not take over any guarantee for the contents posted in the forum, in particular not for their correctness, completeness and topicality.
2. The provider is liable for intent and gross negligence as well as for breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. The provider is liable under limitation to compensation of the contract-typical damage foreseeable at contract conclusion for such damages which are based on a slightly negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider is not liable for slightly negligent breach of secondary obligations which are not material contractual obligations. The liability for damages which fall within the scope of protection of a guarantee or assurance given by the provider as well as the liability for claims based on the product liability law and damages from injury to life, body or health remain unaffected by this.
§ 6 Term / termination of contract
1. This agreement is concluded for an indefinite period.
2. Both parties may terminate this agreement without notice.
3. If the user deletes or has his account deleted (termination of the contract), his public statements, in particular posts in the forum, remain visible to all readers, but the account is no longer accessible and marked “guest” in the forum. All other data will be deleted. If the user wishes his public contributions to be deleted, he should inform the provider when requesting deletion.
§ 7 Miscellaneous
In case of differences between the German and English versions or in other cases of doubt, the German version applies.