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Terms of Use
 

1) Scope

1.1 These Terms of Use of Matthias Steinmetz trading as “Taro Donatella” (the “Operator”) govern your use of the online forum provided by the Operator (the “Forum”).
1.2 “Users” are consumers or businesses who register for the Forum.
1.3 A consumer is any natural person acting for purposes predominantly outside their trade or profession.
1.4 A business is any natural person acting in the exercise of their trade or profession.

 

2) Eligibility

2.1 Only natural persons with full legal capacity may use the Forum. Persons without full legal capacity, in particular minors, may use the Forum only with the consent of their legal representative. The Operator may require a written consent statement. By agreeing to these Terms, you confirm you meet these requirements.
2.2 Each User may register only one account. Access rights are personal and non-transferable.

 

3) Registration and contract

3.1 A user contract between the Operator and the User is formed upon successful registration under these Terms.
3.2 After entering your data in the online form, you submit your offer to conclude the user contract by clicking the button that completes registration. The Operator may accept within five days by email confirmation or by activating the account. If no acceptance occurs within that period, the offer is deemed rejected.
3.3 The Operator stores the contract text but it is not retrievable by the User via the website after submission.
3.4 You can correct entries at any time before submitting the form.
3.5 Contract language is German.
3.6 You must provide complete and accurate registration data and keep it up to date.
3.7 If there are sufficient indications that your identity data is inaccurate, incomplete, or outdated, the Operator may request correction without delay and suspend the account until fulfilled.
3.8 You are responsible for all activities under your credentials if attributable to you. Keep login details confidential and inform the Operator immediately of any unauthorised use.

 

4) Operator’s service

4.1 The Operator provides an online forum where Users can create profiles, post and access content, and interact with others.
4.2 Access is provided via software hosted on the Operator’s servers. The Operator does not provide or maintain the data connection between the User’s system and the server.
4.3 Availability is subject to technical constraints. Continuous 100 percent uptime cannot be guaranteed. Maintenance, security, capacity issues, and events outside the Operator’s control may cause interruptions. Maintenance will be scheduled during off-peak times where possible.
4.4 The forum software is updated at irregular intervals. Users receive usage rights only to the current version. There is no claim to any specific state or feature set.

 

5) Changes to the service

5.1 The Operator may modify services or provide alternatives unless unreasonable for the User.
5.2 The Operator may also modify services if required by law, to comply with judgments or regulatory orders, to close security gaps, if the change is solely beneficial to Users, or if the change is purely technical or procedural without material impact.
5.3 Changes with only minor effect on functionality are not “service changes” under this section. This includes purely visual adjustments or rearranging functions.

 

6) User responsibility for content

Users are solely responsible for the content they post, including accuracy and legality. Users must comply with intellectual property laws and avoid infringing third-party rights or exposing the Operator to claims.

Prohibited content includes in particular:

  • copyrighted works without permission, including photos lacking consent of the photographer or depicted persons

  • false statements of fact

  • posts targeting or defaming other Users

  • racist, xenophobic, discriminatory, or insulting content

  • content harmful to minors

  • content glorifying violence

  • links to sites that violate law or these Terms

 

7) Moderation and content restrictions

7.1 The Operator is not obliged to proactively monitor User content. The Operator may review content in individual cases and take appropriate measures at its reasonable discretion if violations are identified.
7.2 Users and affected third parties may report allegedly unlawful content using the email shown in the imprint. The Operator may forward the report to the User who posted the content. The reporter’s identity will be disclosed only if strictly necessary.

 

8) Comments

8.1 Users may post comments.
8.2 Comments must be truthful, factual, and free of abusive criticism.
8.3 Any misuse of the comment function is prohibited.
8.4 Comments are not reviewed without specific suspicion and may be inaccurate or misleading.
8.5 If you believe a comment about you is inaccurate or unlawful, email the address in the imprint with reasons. The Operator will ask the author to respond. If the author refuses to amend or withdraw, the Operator will decide at its reasonable discretion, considering both parties’ interests, whether the comment remains online pending a court decision.

 

9) Licence granted by the Operator

9.1 The Operator grants the User a non-exclusive, time-limited right to use the Forum under these Terms for the duration of the user contract.
9.2 Unless otherwise evident from the circumstances, Users may not make Forum content publicly available outside the Forum or share it with third parties. Users must not enable unauthorised third-party access.

 

10) Licence granted by the User and indemnity

10.1 The Operator may use User-provided content within the Forum itself or have it used by third parties for Forum purposes.
10.2 The User grants the Operator, free of charge, a non-exclusive licence for the duration of the user contract to store, host, publicly display, reproduce, publish, adapt, and distribute such content as needed, and warrants it is authorised to grant these rights.
10.3 The User indemnifies the Operator against all claims by other Users or third parties arising from the User’s content or use of the Forum that infringes rights. The indemnity covers necessary legal defence costs at statutory rates. This does not apply if the User is not responsible for the infringement. The User must provide complete and truthful information needed to assess claims and defend against them.

 

11) Sanctions

11.1 If the User violates law or these Terms, or there are concrete indications thereof, the Operator may without prior notice and pending further review:

  • delete related entries

  • edit entries where permissible

  • issue a warning

  • suspend access temporarily or permanently

  • take any other necessary and appropriate measures
    The measure chosen depends on the individual case and is at the Operator’s reasonable discretion.
    11.2 Suspended Users may no longer use the Forum or re-register.
    11.3 The Operator may take legal action for violations.

 

12) Liability of the Operator

The Operator’s liability to the User for damages and expenses is as follows:
12.1 Unlimited liability applies for intent and gross negligence, for injury to life, body, or health caused negligently or intentionally, for guaranteed qualities where agreed, and where mandatory liability applies such as under product liability law.
12.2 For negligent breaches of essential contractual duties, liability is limited to foreseeable damage typical for the contract. Essential duties are those enabling proper performance of the contract and on which the User may regularly rely.
12.3 Otherwise, liability is excluded.
12.4 These rules also apply to the liability of the Operator’s legal representatives and vicarious agents.

 

13) Term and termination

13.1 The user contract is for an indefinite term. The User may terminate at any time without notice. The Operator may terminate at any time with 14 days’ notice.
13.2 The right to terminate for cause remains unaffected. Good cause exists where continuation until expiry or notice is unreasonable considering all circumstances and both parties’ interests.
13.3 Termination must be in text form, for example by email. The User may also terminate by deleting the user profile via the account function provided.

 

14) Changes to these Terms

14.1 The Operator may amend these Terms at any time with the User’s consent.
14.2 The Operator may amend these Terms without consent if required by law, to comply with court or regulatory orders, to introduce new services that require description without disadvantaging existing use, if the change is solely beneficial to Users, or if the change is purely technical or procedural without material impact.
14.3 The Operator will inform Users in good time and in an appropriate manner about material changes. Material changes are those that would significantly shift the contractual balance to the User’s detriment or resemble a new contract, for example scope of service or term and termination rules.
14.4 The User’s right to terminate remains unaffected.

 

15) Governing law

German law applies. For consumers, this choice does not deprive you of mandatory protections of the law of your habitual residence.

 

16) Venue

If the User is a merchant, a legal person under public law, or a special fund under public law with seat in Germany, the exclusive venue for all disputes is the Operator’s place of business. If the User’s seat is outside Germany and the contract relates to the User’s trade or profession, the exclusive venue is likewise the Operator’s place of business. The Operator may also sue at the User’s seat.

 

17) Alternative dispute resolution

The Operator is neither obliged nor willing to participate in consumer dispute resolution before a consumer arbitration body.

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