Please, read the following terms and conditions of Use (hereinafter „GTU“) carefully. With the use of our website you approve the validity of these GTU. The internet service of discuss.eyp.org (including all sub- and subsequent pages and connected services) will be referred to subsequently as “website” and is operated bySchwarzkopf-Stiftung Junges Europa Sophienstraße 28-29 10178 Berlin Phone: +49 30 280 95 146 Responsible for the content according to § 6 MDStV is Anne Rolvering, Executive Director. (hereinafter „we“, „us“, „provider“) This service is provided by brabbl eG Wiener Straße 18 10999 Berlin phone.: +49 30 740 739 45
Amtsgericht Berlin-Charlottenburg, GnR 745 B Tax-number 29 / 029 / 00173 Tax-ID ist beantragt executive board: Carsten Cielobatzki, Janek Jonas, Ralf Kostulski Brabbl eG is a service provider according to § 2, N° 1 and 5 the German Telemedia Act (TMG). We provide the users of our website access to our contents and services and those of our users like music, images, forums, texts, data and other content (those contents and services will be referred to collectively as “contents”). The Schwarzkopf Foundation is responsible for the content of this page. Your use of the website is suspect to the terms and conditions described in present GTU independently of the way you have accessed our website (especially over the internet, wireless access protocol, generally known as “WAP” on a mobile network or a different form). The GTU regulate the contractual relationship between you and us. PLEASE NOTE: The website can include or use third-party applications. Your use of those third-party applications may be suspect to further Terms and Conditions that are not included in our GTU and have to be provided by the operators of those third-party applications.
- Approval of GTU
With the use of the website, you approve the validity of the present GTU and all additional regulations that we provide on our website. We have the right to change those GTU from time to time. We will inform you in an appropriate way every time such a change will be made. Usually, we will publish the new version of the GTU on our website. The current state of the GTU will be mentioned in the heading of the GTU. If you use the website after possible changes of the GTU, you approve the current version of the GTU. Changed GTU are legally valid from the moment of the update on, not for the past. The legal relation between you and us therefore is always laid down in the current version of the GTU. We are entitled to partially or completely change our website at any time or to stop offering the service. We may also start demanding fees for the use of our website and services, to change or renounce them and to make interesting offers to special users of our website.
2.1. discuss.eyp.org, brabbl.com and brabbl.de are open to all users. They allow you to ask questions, discuss topics and express opinions. Nonetheless, there are some rules to respect for us to maintain the quality standard, a friendly and respectable climate and legal security of the discussion. 2.2. brabbl.com as well as discuss.eyp.org allow the logged in user to share contributions like files, images, videos and other content. We are not able to control immediately all of those contents. We cannot and wish not to permanently check the contributions of our visitors and users. Therefore we do not assume any responsibility for the content, the correctness and form of single provided contributions. Each author of contributions is him or herself responsible for those contributions. The applicable laws and regulations are to be followed. We have the obligation to check the legality of all contributions as far as technically possible. This does not include correctness and completeness. 2.3. It is explicitly forbidden to post racist, pornographic, inhuman, insulting and illegal content or content disrespecting our statutes (http://info.brabbl.com/media/brabbl- eg_satzung.pdf). Also forbidden are contents that instigate hate against parts of the population (sedition) or that make propaganda for unconstitutional organisations or defamatory utterances. It is forbidden to send junk mails, spam, chain mails or other contents of advertising character through our website. A commercial use of one of the forums has to be explicitly approved by us beforehand. 2.4. It is forbidden to knowingly disturb the dialogue of different users, e.g. by repeated interruption of conversations between other members, by harassment or by creating enemies or hostility. It is not allowed to post names, addresses, phone numbers or alike. Users may not publish private emails or messages on brabbl.com, brabbl.de or discuss.eyp.org without the explicit approval of the author. It is not allowed to hinder a third party in the usage or access of the website (especially by hacking or disfigure the website). Furthermore, it is forbidden to reproduce, copy, duplicate, sell or resell, change, adjust, translate, decompile, disassemble, or exploit the website, the services and our software for any commercial use. Also the use of software like robots, spiders, search- or query-machines or any other manual or automatic tool to query, scrape, display, scan or mine the navigation structure or the form of presentation of the website or to reproduce or avoid them in any other way is strictly forbidden if not explicitly approved by us in written form beforehand. 2.5. Works protected by copyrights may only be published if the user hast the approval of the author. The user is the only one responsible for correctness of their messages and for all possible legal consequences. The distribution of incorrect facts can be classified as a criminal offense under German law. 2.6. In case we detect contributions of that nature, we will delete them from the system without feedback to the user or corrected by the administrator. The service provider reserves the right to temporarily or permanently exclude the author of such contributions from the system. The provider asks all visitors and members of the forum-system to help ensure an engaged and fair discussion employing an acceptable and respectful wording. 2.7. You commit yourself also to free us from all third-party claims that could be asserted from your contributions. Furthermore, contributing to one of our public forums you approve the publication of your contributions on the website of the provider.
- Access rights
To gain access to login-protected contents and offers, you have to register via the input of the requested data in the input mask. Then you have to define a user name and a password. The access right is limited to yourself and may not be transferred to a third person. You are responsible for the concealment of your user name, password and key word.
- Liabilities oft he users and impairment of performance
4.1. You have to use the services of the provider in an appropriate manner. You will especially: (i) not use the access to the service in an illegal or with our GTU conflicting way, but you will respect the right of all others in an appropriate and legal manner. (ii) account fort he accepted terms oft he data protection and respect the obligations in the privacy notice (iii) if necessary check al mails and queries you send to us or our cooperation partners for viruses with a maximum of diligence, (iv) meet all legal, offical and technical regulations. 4.2. We reserve the right to investigate any suspicion of misuse, infringements or violation of our values described in § 3 of our statures (http://info.brabbl.com/media/brabbl-eg_satzung.pdf) of the brabbl eG and if necessary to block your access or the one of a third user to those contents – at least until all suspicions are dispelled – or to immediately cancel the contract without notice in severe cases. As soon as you or a third user dispels the suspicion, we will unlock your access. 4.3. In the case described in 4.2 you have to pay us the damage. The liability is limited to the cases affected, of course. As far as we demand lump sums, the necessity for the proof of a larger damage on our side or a lower one on your side is not limited by them. 4.4. If you should find failures in the service, please let us know immediately
- Scope of use
5.1. We reserve all rights, especially proprietary rights of use and exploitation and other intellectual property rights on the provided contributions, articles, images etc. This is necessary to be able to operate the website. We therefore acquire the right to (i) reproduce, distribute, transfer, display, change, adjust, play and publish the uploads in any form and format (known or unknown) in all types of media on the website or associated media or via similar websites or services (e.g. similar services and product of our affiliates). This includes websites, desktop-, mobile- and other applications, widgets, APIs (hereinafter those services and products will be referred to collectively as ”website-related services”) (ii) exercise all rights of protection of trademarks, privacy and other in relation to all uploads (iii) use your name, picture, image, portrait, voice, alias, bibliographic information uploaded to our website or services also for promotion of our website and website-related services or artist. 5.2. You are entitled, to use the provided contribution for private purposes and to copy it to the working memory of your device. The download and temporary storage on a computer or screen for private purposes is allowed. You may reproduce or print them for private purposes or personal information purposes only. This authorization is only valid, if copyrights or similar trademarks and names are not changed in the copies or reproductions. 5.3. A long-term storage is only valid under the following conditions: (i) The collection is only used for private and internal purposes of the person storing the data, this means only for reasons of protection of the collection and the internal use; (ii) access to the archive must be blocked for all third party members. (iii) It must not be used for reproduction or copying. (iv) any further form of exploitation is forbidden. 5.4. All further use (especially but not exclusively the reproduction for commercial purposes including the storage, the distribution or facilitation of access for third parties for personal or other purposes or for the public reproduction or display, the translation, processing, arrangement or change) our explicit approval in written form is necessary. 5.5. You must not remove or delete the copyright notices, trademarks and other legal reserves in the data. You are obliged to ensure the compliance of all copyrights.
6.1. We offer our services in the form and size according to our current technical, legal, and commercial conditions of the internet. Our endeavor is to offer the access to brabbl.com, brabbl.de and discuss.eyp.org during 24 hours a day, seven days a week Nevertheless, we do not assume liability for a full-time access. We bear liability for according to the legal regulations in case a user claims compensation for resulting damages, which have been caused by intent or gross negligence of their representatives and agents. The same is valid for claims for compensation for damages resulting from the acceptance of any guarantee. 6.2. We bear liability according to legal regulations insofar as we culpably violate essential terms of the contract (cardinal obligation). The claim for compensation for damages will be limited to predictable, typically occurring damage. Those restrictions do not apply to claims for compensation for damages listed under 6.1. 6.3. Any claims for compensation for damages lapse within one year after the year in which the claim originated and in which the user learned of the circumstances responsible for the claim and about the person causing the damage or would have learned thereof without gross negligence. 6.4. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability in accordance with the product liability law. 6.5. Unless the foregoing provides otherwise, liability shall be excluded. 6.6. Insofar as our liability is excluded or limited, this shall also apply for personal liability of employees, representatives and agents of the brabbl eG. 6.7. We have no control on the transport of data over the Internet. We assume no responsibility to ensure that interactive processes reach the user correctly and that the procedure of dial-up over the Internet is ensured at any time. In addition, there is no guarantee that the data exchange is done with a certain transmission speed. Liability is also excluded for disorders resulting from defects or interruption of the user's computer or the communication paths from the user to the server or from misuse of the username and password. Since no electronic communication is completely safe, we, due alone to his connection to the Internet and the resulting technical conditions, do not warrant that the information flow to us is not intercepted or recorded by third parties. In this context we also point out expressly that every user must ensure by himself that his system is protected from malicious network attacks (viruses, Trojans, etc.). We carry no risk of data loss on the transmission paths outside his dominion. Transfer of risk is carried out with providing the data or the contribution for retrieval on the server. In particular, we are not liable for any loss of data and its restoration. We are except also from any liability for data security outside his dominion. 6.8. You are liable for all consequences and disadvantages incurred by us through the improper or illegal use of the service or the fact that you (including but not limited to the obligation to maintain confidentiality of the password) do not comply with your other contractual obligations. You release us from any claim or demand by third parties on first request, which make these for breach of rights by you or due to the content created by you, including reasonable court costs and attorney fees. Further, you are obliged to support us in the defense of such claims.. 6.9. The website may provide links to or feeds from other websites and other online sources. Our affiliates and we are not responsible for such links and feeds. Access and use of websites, content and resources of third parties are at your own risk. We are also not responsible for the content of external websites.
Queries or complaints can be directed to the following address: Schwarzkopf-Stiftung Junges Europa Sophienstraße 28-29 10178 Berlin Email: firstname.lastname@example.org Tel: +49 30 280 95 146
- Blocking and deletion
9.1. We reserve the right to exclude you or other users for important reasons from the access to the content requiring registration. We have this right especially when: (i) you or another user continues infringing essential elements of this GTU despite a warning; (ii) you or another user commits a misconduct directed against third parties by misusing our offers for unlawful purposes or to harass third parties. 9.2. We are also entitled to delete your access and any associated data for a period of 6 months of inactivity after confirmation to delete (no login via web browser) with a period of 4 weeks. Your username will then be released for other customers.
- Other provisions
10.1. Place of fulfilment and exclusive place of jurisdiction Berlin, unless mandatory legal provisions stipulate otherwise. 10.2. German law applies, excluding the CISG. 10.3. If individual provisions of the contract are declared to be partly or fully void or not executable, or if they are declared to be ineffectual, the validity or executability of the remaining provisions of this contract remain unaffected thereby. In the case of such ineffectiveness, the contract partners will find a substitute regulation with a rendered provision that is economically as legally effective as possible. The same shall be applicable to any gaps in this agreement. 10.4. Verbal collateral agreements do not exist. 10.5. All information, consents, communications or inquiries about these GTU and changes or amendments of these GTU including this clause, must be in writing. The dispatch by e-mail or fax corresponds to writing; this also applies to clicking the corresponding buttons. 10.6. Deviations from these or other GTU shall only be considered agreed if they were confirmed by us in writing. In particular, the mere omission of an objection on our part against other GTU does not mean that these are considered agreed. 10.7. We are entitled to amend these GTU at any time. We will inform you in due time of the change. The amendment shall be deemed approved by you, if you do not contradict or cancel the contract within one month after receipt of the change announcement. In the event of your objection, we are entitled to timely terminate the contract. In notices about a change, we will especially point out the possibility to object and terminate the contract, the deadline and the legal consequences, in particular with regard to a lack of objection. With the amendment we’ll also send you the proper termination notice, which is subject to the condition that you object to the change. 10.8. In the amendment of the GTU, we are in particular entitled, (i) to complement or replace invalid conditions with effect for a contract, (ii) to adapt conditions to updated legal provisions or decisions by the highest German court – if they concern one or more of the contractual relations, provided that your conditions are not worse than under the original condition. 10.9. By using the websites, you warrant that you are of legal age and have full legal capacity. If you are a minor (you have not reached the age of eighteen years), you warrant that your legal representative (usually the parents) have agreed to this contract.