The following terms of use apply to the relationship between Linkando GmbH (hereinafter referred to as the "portal provider") and users of the Internet platform (hereinafter always referred to as the "platform"). The portal provider makes the platform available to the user on the basis of a contractual relationship between the portal provider and a customer of the portal provider (hereinafter referred to as "portal operator").
Users within the meaning of these Terms of Use are natural persons who access content on the platform, deposit content themselves on the platform and use the functions offered. Users must be at least 16 years old.
The Terms of Use apply in the respective version for all current and future business relationships. Portal provider reserves the right to amend and/or supplement these terms of use with a reasonable period of notice. Should Portal Service Provider make changes and/or additions to the Terms of Use, the User will receive the amended version of the Terms of Use at the e-mail address provided during User registration. If the User does not object in writing to the amended and/or supplemented version of the Terms of Use within two (2) weeks of receipt, the Portal Service Provider will regard this as a declaration of consent to the validity of the amended Terms of Use. The Portal Service Provider will inform the user of the consequences of a failure to object by the user in the notification of amendment. As soon as the amended terms of use come into force, all previous versions of the terms of use lose their validity. If the user refuses to agree to the amended terms of use, the contractual relationship remains unchanged. In this case, the Portal Provider is entitled to terminate the contractual relationship with immediate effect. If the provisions of the amended terms of use or the changes to the service description are unreasonable for the user, the user is entitled to terminate the contractual relationship with immediate effect.
All services provided by Portal Provider are hereinafter referred to as services and are based on the contract between Portal Provider and the Portal Operator. Portal provider will not charge the user for the use of the platform. The platform and integrated services can only be used after prior registration.
By completing the registration form and agreeing to the terms of use, a contract of use is concluded between the portal provider and the user, including the terms of use, the data protection provisions and, if available, the user's consent under data protection law.
Portal providers are under no contractual obligation to check the content and information uploaded to the platform by the respective users. As a matter of principle, the portal provider does not check the content before it becomes visible to the portal operator. The portal provider will investigate any indications of content on the portal that violates applicable law or these terms of use and, if the violation of applicable law or these terms of use is confirmed, will take appropriate measures to end the violation.
The user undertakes to provide the data required or to be provided voluntarily after receipt of the invitation link within the scope of registration truthfully and, where required, in full. Furthermore, the user undertakes to provide only his/her own personal data and not to provide any data of third parties. Should the details of the data collected change, the user will communicate this current data via the corresponding form.
The user undertakes to keep all access data and passwords secret and to inform the portal provider immediately if the user's usage data and/or passwords become known to third parties. The user assumes full responsibility for all actions taken by third parties using his/her access data and/or passwords, insofar as the user is at fault. Should the user provide access data and/or passwords to third parties, the Portal Provider is entitled to terminate the user contract with the user with immediate effect, delete the user's registration and exclude the user from further use.
The user is responsible for the content he/she stores on the platform. The user undertakes not to transmit any content that violates applicable law (in particular data protection law) or the rights of third parties (in particular copyright and personal rights) or that contains content that glorifies violence, is offensive or pornographic.
By posting content, the user grants portal provider and the portal operator a right of use free of charge and unlimited in time and space. In particular, the portal provider is entitled to make the data accessible to the respective portal operator.
The user indemnifies the portal provider against all claims of third parties against the portal provider due to the culpable infringement of their rights, in particular but not exclusively copyrights, trademark rights, competition rights, personal rights or other property rights, by the content posted by the user. This applies to the same extent to any claims made against the portal provider by authorities or other public bodies due to content that the user has culpably posted in violation of the provisions of these terms of use.
The User undertakes to reimburse Portal Service Provider for all necessary expenses incurred by Portal Service Provider as a result of third parties taking action against Portal Service Provider due to the culpable infringement of their rights by the content posted by the User. Such expenses are in particular, but not exclusively, the necessary costs of an appropriate legal defence.
If a claim is made against Portal Service Provider by a third party due to possible infringement of its rights by the content posted by the User, the User undertakes to support Portal Service Provider to the best of its ability in defending itself against the claims asserted by the third party. In particular, but not exclusively, the user will provide Portal Service Provider, upon written request, with copies of all documents available to him/her relating to the alleged infringement of rights by the content. Costs associated with this will initially be borne by the portal provider.
Portal Provider is liable without limitation in the event of intent or gross negligence for all damage caused by Portal Provider and its legal representatives or vicarious agents.
In the event of slight negligence, Portal Provider shall be liable without limitation in the event of injury to life, limb or health.
In all other respects, the Portal Provider is only liable if it has breached a material contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. Portal provider's strict liability for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded; paragraphs 1 and 2 remain unaffected.
To the extent permitted by law, the Portal Provider is not liable for indirect or direct damage arising from the use of the data and information on the website. The risk of data loss on the transmission path outside the control of the portal provider is borne solely by the user.
Liability under the Product Liability Act remains unaffected.
If the user decides to revoke the data protection consent given during the registration process or indicates that he/she does not accept the data protection information or objects to any further processing of his/her data, the user contract existing between the user and the portal provider shall automatically end.
The user contract may be terminated at any time by the user, the portal operator or portal provider in writing or in text form. There is no minimum term for the usage relationship.
Should individual provisions of this contract prove to be invalid or unenforceable in whole or in part or become invalid or unenforceable as a result of changes in legislation after conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected.
The law of the Federal Republic of Germany shall apply.
