§ 1 Scope of application
§ 2 Registration, Conclusion of Contract and Subject Matter
- Prerequisite for the use of the forum is the registration via the corresponding online form. After registering via the online form in the forum, you will receive a confirmation email to verify 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 into effect (conclusion of the contract).
- 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 contributions and topics in the forum.
- In principle, there is no legal claim to activation or participation in the forum. The unrestricted domiciliary rights of the operator apply.
- Your forum account may only be used by you. Likewise, as the owner of the account, you are 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 usernames (nicknames) are not permitted.
- The provider shall endeavor to offer the service for retrieval without interruption as far as possible. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems beyond the control of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that a 100% availability of the website cannot be realized technically.
- The provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces if this does not or only insignificantly affect the fulfillment of the purpose of the contract concluded with the user. The provider will inform the users accordingly about the changes.
- The purpose of the forum is a "market of opinions" directed at the public. Therefore, a peaceful and respectful interaction among the users without offensive hostilities shall be cultivated.
§ 3 Duties as a forum user
As a user, you agree that you will not post any messages that violate these rules, morality or any other applicable German law. In particular, you are prohibited from,
- publish offensive or untrue content;
- Sending spam to other users through the system;
- use content protected by law, in particular by copyright and trademark law, without authorization;
- to engage in anti-competitive activities;
- Post your topic multiple times in the forum (prohibition of double posting);
- Publish third party press articles on the forum without the consent of the author;
- Advertising in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, the linking of one's own homepage with or without post text in the signature or within posts. Homepage URLs and address or contact data may only be published in the user profile of the forum.
As a user, you undertake to check your contributions and topics before publishing them to see whether they contain information that you do not wish to publish. Your contributions and topics can be recorded in search engines and thus become accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is In the event of a violation, in particular against the aforementioned rules § 3 paragraph 1 and 2, the provider may also impose the following sanctions against the user, regardless of termination:
- Deletion or modification of content posted by the user,
- Issuance of a warning or
- Blocking access to the forum.
Should third parties or other users make claims against the provider due to possible legal violations that a) result from the content posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user agree 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 violation. 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 for this purpose. As a user, you are obligated to support the provider in good faith with information and documents in the legal defense against third parties. All further rights as well as claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not apply.
§ 4 Transfer of rights of use
- The copyright for your topics and contributions, insofar as they are copyrightable, remains in principle with you as a user. However, by posting a topic or contribution, you grant the provider the right to keep the topic or contribution permanently on its websites. In addition, the provider has the right to delete, edit, move or close your topics and contributions.
- The aforementioned rights of use shall remain in force even in the event of termination of the forum account.
§ 5 Limitation of liability
- The provider of the forum does not assume any liability for the content posted in the forum, in particular not for its accuracy, completeness and timeliness.
- The provider is liable for intent and gross negligence as well as for breach of a material contractual obligation. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. The Provider shall be liable, limited to compensation for the damage foreseeable at the time of the conclusion of the contract and typical for the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by him or one of his legal representatives or vicarious agents. The Provider shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or warranty given by the provider as well as liability for claims based on the Product Liability Act and damages arising from injury to life, limb or health shall remain unaffected.
§ 6 Term / termination of the contract
- This agreement is concluded for an indefinite period.
- Both parties may terminate this agreement without notice.
- If the user deletes his account or has it deleted (termination of the contract), his public statements, in particular contributions in the forum, remain visible to all readers, but the account can no longer be accessed and is marked "Guest" in the forum. All other data will be deleted. If the user wishes his public contributions to be deleted as well, he should inform the provider of this when requesting deletion.
§ 7 Marketplace
- The marketplace is intended to offer all our registered members a platform through which items can be offered for sale / exchange free of charge or purchase requests can be made!
- The laws of the Federal Republic of Germany must be observed. Failure to do so may result in criminal prosecution.
- Any user who has received the "Trial Passed" trophy may actively participate in our marketplace. The trophy is obtained by active participation in the forum life. The use of the marketplace cannot be demanded, sued or otherwise forced in any way.
§ 7.1 The following rules apply to the use of the market place!
- QuatschEcke.de merely provides the platform and cannot be held liable for purchases and sales. The offered goods or services are neither checked nor recommended by us. This means in plain language that buying and selling is at your own risk!
- Legally effective declarations of intent or legal transactions take place directly between the users of our marketplace!
- The creator of an offer must have ownership and possession of the goods. Trading on behalf of third parties is not allowed!
- Prohibited is the trading of illegal items (e.g. pirated movies or games), movies and games not made for the German market, chipped consoles or accounts of any kind!
- When offering films and games, the age or youth rating must be indicated!
- When trading articles without youth release, it must be ensured by both parties that the age of 18 has been reached!
- The use of images for better presentation is desired and recommended!
- In each offer has to find an indication of the price and, if necessary, shipping costs!
- Advertising other auctions (e.g. on eBay or in other forums) is not allowed!
- Before creating an offer or request, make sure that the current rules are followed. The team reserves the right to delete or modify offers and requests without comment if the rules are not followed.
We also reserve the right to temporarily or permanently revoke the privilege of use from individual users at any time without giving any reason.
Source: Forum rules sample from Juraforum.de