§ 1 Scope of application
The following terms and conditions apply to the use of the iX User Forum provided by imos AG (hereinafter referred to as the "Provider").
The use of the forum is only permitted if you as a user accept these terms of use.
§ 2 Registration, Conclusion of Contract and Subject Matter
1) Prerequisite for the use of the forum is the registration via the corresponding online form. After registration via the online form in the forum, you will receive a confirmation e-mail to verify your data, with which you can confirm your registration by mouse click. With the activation of your ac-count 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.
3. there is basically no legal claim to activation or participation in the forum. The unrestricted domiciliary rights of the operator apply.
4. your forum account may only be used by yourself. As the owner of the account, you are also responsible for protecting it against misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and internet addresses as usernames (nicknames) is not permitted. 5.
The provider will make every effort to offer the service without interruption. Even with all due care, downtimes cannot be ruled out in which the web server 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. 6.
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 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
1. as a user you undertake that you will not publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited from
- publish insulting or untrue content;
- to send spam to other users via the system;
- to use content protected by law, in particular by copyright and trademark law, without authorization;
- to perform anti-competitive actions;
- post your topic more than once in the forum (prohibition of double postings);
- to publish press articles of third parties in the forum without the consent of the author;
- to advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, linking one's own homepage with or without posting text in the signature or within posts. Homepage URLs and address or contact details may only be published in the user profile of the forum.
2. as a user, you undertake to check your posts and topics before publishing them to see whether they contain information that you do not wish to be published. 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 excluded. 3.
In the event of a violation, in particular of the aforementioned rules § 3 paragraphs 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,
- issuing a warning or
- Blocking of access to the forum.
4. 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 any 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. 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 and 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
1. the copyright for your topics and contributions, as far as these 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 available on its websites. In addition, the provider has the right to delete, edit, move or close your topics and contributions.
2. the aforementioned rights of use shall remain in force even in the event of termination of the fo-ren account.
§ 5 Limitation of liability
(1) The provider of the forum assumes no liability for the content posted on the forum, in particular for its accuracy, completeness and timeliness.
2. the provider is liable for intent and gross negligence and for breach of a material contractual obligation. Essential 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 for damages based on a slightly negligent breach of material contractual obligations by the Provider or one of its legal representatives or vicarious agents, limited to compensation for typical contractual damages foreseeable at the time of conclusion of the contract. The Provider shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not essential contractual obligations. The liability for damages that fall within the scope of protection of a guarantee or warranty given by the provider as well as the 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 Agreement
(1) This Agreement shall be concluded for an indefinite period.
2. both parties can terminate this agreement without notice.
3. 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 is no longer accessible and marked in the forum with "guest". 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.
