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General Conditions of Use of ForumRomanum
General Conditions of Use for the Operation of Internet Communities using the Technical Systems of ForumRomanum Gmbh & Co. KG – named in the following “Company”. This contract is governed by German law and
the jurisdiction of the German courts.
1. Definition
1.1 The operation of so-called Internet Communities using the technical systems of ForumRomanum gmbh & Co. KG is solely subject to the following conditions.
2. Membership
2.1 The operation of the Internet Communities is free of charge. The service may only be used following prior registration. The user is responsible for the accuracy and completeness of his statements concerning his person in connection with his registration. His membership can be cancelled at any time. The Company is entitled to reject his application for membership or to suspend or to cancel his membership without notice. In case of violation of the defined conditions, the Company can suspend the user without warning .
2.2
The user will receive his membership only after the completion of the form of application and the subsequent confirmation of membership through ForumRomanum per email. A registered user may hold various user accounts.
3. Password
3.1 In the course of his registration as a member, the user receives a personal password through ForumRomanum. Each member is individually responsible for the secrecy of his password and for all damages arising out of any misuse following the disclosure or loss of his password.
4. Contents
4.1 The Company provides the medium for the transmission of the contents. The Company does not send or transmit contents, unless specific reference as to the provision of the contents through the Company is made
.
4.2 The contents are transmitted or published exclusively at the risk of the user.
4.3 In order that the Company can send or publish the aforesaid contents, the author assigns to the Company all necessary rights of use concerning the contents and guarantees that in his contribution, the rights of third parties shall in no way be injured.
4.4
Should the aforesaid contents be regarded as a violation against German, European or International Law, the Company is committed to their removal within 24 hours following their taking of notice as to the character of the aforesaid contents.
5. Responsibilities of the User
5.1 Via the system placed at his disposal by ForumRomanum, each user can create one or more Internet Communities. The user and/or his website visitors can store their own individual contents in the form of texts, graphics, pictures, etc. The Company does not test and/or process the contents of the Internet Communities.
5.2 The Company does not accept any liability for the contents of the Internet Communities or the websites on which the Internet Communities may be installed. The respective author of a contribution is solely responsible for the contents of the said contribution. The respective owner/user of an Internet Community is responsible for the conduct of his visitors/authors. The user cannot demand a subsequent cancellation or withdrawal of contents.
5.3 The user is personally under obligation to ensure that the use of his Internet Communities does not violate any valid laws. In particular, the user is obliged to ensure that the cultural and religious concerns of all participants will be honoured and that his Internet Communities will not be used to spread offensive, defamatory, insulting, threatening, obscene, racist or in other manner illegal remarks.
5.4 The distribution of contents that are intentionally irrelevant or untrue, whose publication represents or could represent a violation of copyright or other rights of third parties or which contain pornographic, immoral or otherwise objectionable elements, also and in particular in the form of pictures of a nature which could jeopardize minors or which could impair or consequently damage such persons or which are of a punishable or defamatory nature or which could represent a threat of a hostile nature to a state or which are of an extremist nature or which come from a forbidden organization or which contain viruses or other components capable of damage to computers and/or soft- and/or hardware or which could be construed to represent chain letters or surveys, is prohibited.
5.5 Solely the participants themselves and/or their legal representatives carry the responsibility for all contents as well as all possible consequences.
5.6
The user is personally under obligation to free the Company of all contingent claims of all third parties due the violation of the rights of third parties or which could be caused consequent to the use of the Internet Communities by the user.
5.7 The user is personally under obligation to transmit or publish only such contents for the use of which he possesses the corresponding rights. All contingent rights of third parties, especially copyright, are to be observed. The user must personally ensure that he is entitled to the utilization of these rights.
5.8
The use of the forum for the transmission of so-called spams and/or any other form of advertising or marketing messages is not permitted. The user is solely responsible for any ensuing damages and/or claims of damage.
5.9 In case of an offence against any of the above obligations as well as against valid laws and/or public order, the Company reserves the right to exclude offending participants temporarily or permanently from the system. This applies also to all offences, which may be committed by third parties using the user name and the access data of a registered participant. The Company reserves the right to submit its own claims of compensation in all cases.
6. Liability
6.1
Independent of valid law, all compensation claims against the Company are excluded, except in the case of wilfulness or serious neglect. The Company is similarly liable for simple or carelessly caused damages only insofar as a contractual duty of essential importance was violated.
6.2 The Company does not accept any warranty or guaranty; especially not for accuracy, content, completeness, legality, reliability, service or availability of information or content.
6.3 The user is obliged to determine the suitable category for his forum during the registration process. The display in of advertising in any form is not permitted.
7. Provision of Services
7.1
The provision of the services of the Company is done on a purely voluntary basis. The user has no legal, financial, moral or other right to use the services. These services can be changed at any time or even be suspended. Date, time, contents, IP address and receiver number will be logged at all times
and are passed to third parties in the case of possible illegality. The Company retains the exclusive right at all times to display advertising in the Internet Communities.
8. Warranty
8.1.
The Company has no influence on the transmission of data over the Internet or the WWW. The Company can therefore in no way guarantee that sent messages will reach the recipient correctly. The interruption of transmissions is possible. This applies in particular to losses caused by interference within the Internet. A claim to permanent availability of services does not exist.
8.2 The Company is not liable for the contents of the Internet Communities and accepts no liability for any damages that may occur through the forum or the use of the forum.
9. Private Policy and Data Protection
The Private Policy and Data Protection of ForumRomanum are also effective.
10.
Duration Contract
10.1
This contract is closed over an undefined period and can cancelled at any time.
11.
Notices and other Rules not covered above
11.1
Supplementary agreements are valid only in the written form. The user cannot transfer rights and obligations arising out of this contract. The Company is entitled, in case of invalidity of a condition, to supplement or to replace this condition in respect of existing contracts in cases of change of legal requirements or a judicial decision, if this change concerns one or more conditions, to adapt the concerned conditions in accordance with the changed legal status, provided no negative results are apparent for the user. If the Company changes the General Conditions of Use, the user can contradict within one month after receipt of the notice of change. The change of the General Conditions of Use becomes valid for the user on the 1 st. of the month following the transmission of the notice of change, always provided that he has not contradicted within this period. German Federal Law is applicable to all legal relations, which may result from the contract of service.
11.2 The services made available by the company and/or other contents are protected by copyright. The information on this website is intended for personal use only. All copying or publishing in any other form is prohibited.
11.3 Links ot other websites: In spite of careful prior inspection, the Company accepts no liability for the contents of externally linked websites. The Company declares herewith, that the Company is in no way responsible for the content of other websites to which these links could lead and have absolutely no influence over such content. ForumRomanum accepts no liability in any form for the correctness of the contents in the system of ForumRomanum, if there is no statutory liability.
11.4 Place of jurisdiction in respect of the fulfilment of service agreements (including possible guarantee claims) arising out of the above contract is Bielefeld, Germany.
11.5 Place of jurisdiction in case of disputes arising out of or in connection with the use of ForumRomanum is Bielefeld, Germany.
18.04.2005, ForumRomanum GmbH & Co. KG, ck/cb
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