General Terms and Conditions:
§1 Scope of Application
§2 Registration, participation, membership in the community
(1) Prior registration is required for the use of the website and of the community. After successful registration, the user becomes a member of the community.
(2) No claim to membership shall exist.
(3) The User may not transfer its access to third parties for their use. The User is obligated to keep its login data confidential and to protect it from access by third parties.
§3 Services of the Provider
(2) The Provider shall provide no guarantee for the correctness, completeness, reliability, up-to-date nature, or usability of the content provided.
§4 Exclusion of liability
(1) Claims for damages by the User shall be excluded, if not otherwise indicated in the following. The above exclusion of liability shall also apply for the benefit of legal representatives and vicarious agents of the Provider, insofar as the User asserts claims against these individuals.
(2) Claims for damages due to personal injury, bodily injury, death, and claims for damages resulting from the violation of key contractual obligations shall be excepted from the exclusion of liability determined in paragraph 1. Key contractual obligations are those obligations whose fulfillment is required to achieve the goal of the agreement. Liability for damages resulting from intentional or grossly negligent violations of duty by the Provider, its legal representatives, or its vicarious agents is also excepted from the exclusion of liability.
§5 Obligations of the User
(1) The User hereby undertakes to publish no contributions that violate common decency or valid law. The User undertakes in particular to publish no contributions
- whose publication would result in a criminal offense or represent an administrative offense,
- that violate trademark law, copyright law, or antitrust law,
- that violate the Legal Services Act,
- that contain defamatory, racist, discriminatory, or pornographic content,
- that contain advertisements.
(2) In case of a violation of the obligations from paragraph 1, the Provider shall be entitled to change or delete the contributions in question, and to block the access of the User. The User shall be obligated to compensate the Provider for any damages suffered due to the violation of obligations.
(3) The Provider shall have the right to delete contributions and content, if they may contain a legal violation.
(4) The Provider shall be entitled to indemnification by the User against any claims made by third parties due to a violation of law by the User. The User shall undertake to support the Provider in defending against any such claims. The User shall also be obligated to bear the costs of an appropriate legal defense for the Provider.
§6 Assignment of rights of use
(1) The User shall retain copyright to all texts, images, and other types of data contributed by it. Upon uploading texts, images, and other types of data, however, the User shall grant the Provider an unrestricted right of use to said data.
(2) The User shall grant the Provider the right to maintain texts, images, and other types of data uploaded on its website for permanent access and to make said content publicly accessible. The Provider shall have the right to shift contributions and data within its website and to link it to other content.
(3) The User shall have no claim against the Provider for the deletion or correction of contributions and data submitted by it.
§7 Ending membership
(1) The User may end its membership by making a declaration to this effect to the Provider without adhering to a notice period. Upon request, the Provider will then block the User’s access permanently.
(2) The Provider shall be entitled to terminate the membership of a user with a 2 week notice period until the end of the month.
(3) If there is just cause, the Provider shall be entitled to immediately block a User’s access and to terminate their membership without a notice period.
(4) The Provider shall be entitled to block the User’s access after ending the membership. The Provider shall be entitled, but not obligated, to delete content created by the user if the membership is ended. The User shall have no claim to a transfer of created content.
§8 Amendment or suspension of the offer
(1) The Provider shall be entitled to make changes to its service.
(2) While making changes to the provided service, the Provider shall be entitled to adapt or delete content uploaded by Users.
(3) The Provider shall be entitled to terminate its service under adherence to a 2 week notice period. If the Provider ends its service, it shall be entitled, but not obligated, to delete content created by the user.
§9 Choice of law
(1) Swiss law shall apply to the contractual relationships between the Provider and the User. Bern (Switzerland) shall be the place of jurisdiction. National mandatory consumer protection regulations of the country in which the User ordinarily resides shall be excepted from this choice of law.