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Xeno® Community Terms of Use

To the Xeno ® community

This English version is only a translation. Legally valid is only the German version of this page.

 

§ 1 Scope

The following conditions apply to the use of the Xeno ® Community (hereinafter referred to as "Forum") from Xeno GmbH (hereinafter referred to as "Provider").

The use of the forum is only permitted if you as a user accept these terms of use.

§ 2 Registration, conclusion and object of the contract

1. A prerequisite for using the forum is registration using the relevant online form. After registering using the online form in the forum, you will receive a confirmation email to verify your data, with which you can confirm your registration with a mouse click. With the activation of your account by the provider, the free forum usage contract comes about (conclusion of contract).

2. 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 posts and topics in the forum.

3. There is basically no legal entitlement to activation or participation in the forum. The unrestricted domiciliary rights of the provider 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 user names (nicknames) is not permitted.

5. The provider will endeavor to offer the service as uninterrupted as possible for retrieval. 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 that are beyond the provider's control (fault of third parties, force majeure, attacks on the infrastructure by hackers, etc.). is available. The user acknowledges that a 100% availability of the website is not technically possible.

6. The provider reserves the right to change and expand the content and structure of the platform and the associated user interfaces.

7. The users should be treated peacefully and respectfully without insulting hostility.

§ 3 Obligations as a forum user

1. As a user, you undertake not to publish any posts that violate these rules, morality or any other applicable German law. In particular, you are prohibited from

  • post offensive or untrue content;
  • send spam to other users through the system;
  • to use content protected by law, in particular by copyright and trademark law, without authorization;
  • engage in anti-competitive activities;
  • Posting your topic multiple times in the forum (ban on double posting);
  • 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 to one's own homepage with or without an accompanying text in the signature or within contributions. Homepage URLs and address or contact data may only be published in the user profile of the forum.

2. As a user, you undertake to check your posts and topics before they are published to see whether they contain information that you do not wish to publish. Even if the forum is completely or partially closed at the time of registration, the forum can become public at a later date. 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 can also impose the following sanctions on the user, regardless of termination:

  • Deletion or modification of content posted by the user,
  • pronouncement of a warning or
  • Blocking access to the forum.

4. Should third parties or other users make claims against the provider for possible violations of the law, which a) result from the content posted by you as a user and/or b) from the use of the provider's services by you as a user, you undertake as a User, indemnify the provider from any claims, including claims for damages, and reimburse the provider for the costs incurred due to the possible infringement. In particular, the provider is released from the costs of the necessary legal defense. The provider is entitled to demand a reasonable advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in legal defense against third parties. All further rights and claims for damages from the vendor are not affected. If you as a user are not responsible for the possible violation of the law, the aforementioned obligations do not exist.

5. Registration in the forum is prohibited for employees of other companies that manufacture or sell cosmetics. This also applies to freelancers, employees in agencies or consulting firms who work for such companies and for other people who carry out activities for such companies.

§ 4 Transfer of Rights of Use

1. The copyright for your topics and contributions, insofar as they can be protected by copyright, remains with you as the user. However, by posting a topic or contribution, you grant the provider the right to keep the topic or contribution permanently available on its website. In addition, the provider has the right to delete, edit, move or close your topics and posts.

2. The aforementioned rights of use remain in effect even if the forum account is terminated.

§ 5 Limitation of Liability

1. The provider of the forum assumes no liability whatsoever for the content posted by users in the forum, in particular not for its correctness, completeness and topicality.

2. The provider is liable for intent and gross negligence as well as for breach of an essential contractual obligation. Significant 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 is liable, limited to compensation for the typical contractual damage that was foreseeable at the time the contract was concluded, for such damage that is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider is not liable for slightly negligent breaches of secondary obligations that are not essential contractual obligations. Liability for damage that falls within the scope of a guarantee or assurance given by the provider, as well as liability for claims based on the Product Liability Act and damage resulting from injury to life, limb or health remains unaffected.

§ 6 Duration / termination of the contract

1. This agreement is concluded for an indefinite period.

2. Either party may 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 posts in the forum, remain visible to all readers, but the account can no longer be accessed. 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 he wishes to delete them.

 

Source: Forum rules template from Juraforum.de

 

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