Terms of Service
Contract and user account
- By completing the online registration process and creating a profile, a usage contract is concluded with the operator. The subject of the user contract is the free use of the service.
- A user account must be created to actively use the service. It consists of a user name and a password ("log-in data").
- The creation of a user account is only possible if the user provides a current email address. This email address is also used for communication with the operator.
- The users assure that the data used when creating their profile ("profile data") is correct and complete. The use of pseudonyms is not permitted except if there is explicit consent by the operator.
- The language of the contract is exclusively English.
- Whenever the user communicates with other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor a contractual partner himself.
When using the service, the user can do several things:
- The users have the opportunity to collaborate with other users in translating open source projects. To do this, they publish translations, texts, images, etc. within the service. Their contributions flow into the source code of the projects under the license applicable to the specific project.
- The users have the opportunity to communicate with other users via comments.
- The operator is entitled at any time to block access to individual content, e.g. if there is a suspicion that it violates applicable law or the rights of third parties. The user has no right to the usage of individual functions of the portal.
- The operator endeavors to ensure trouble-free operation of the service. However, the operator is at liberty to restrict access to the portal in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events that are beyond his control. The service can be discontinued at any time without prior notice.
Obligation of the user
- The users agree to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using their own content and not to violate any third party rights (e.g. name, trademark, copyright and data protection rights).
The user agrees that any content that is placed on the service does not violate applicable law
or morality through its content or form. The same applies to the setting of external links. In particular, it is
not permitted to distribute content that represent, concerns or contains ...
- glorification of violence and extremism of any kind
- calls for and incitement to criminal offenses and violations of the law, threats to life, body or property
- insult, defamation or libel of people or companies
- copyright infringing content or other violations of intellectual property rights
- sexual harassment of users and third parties
- offensive, sexist, obscene, vulgar, loathsome, or disgusting materials and expressions
- When submitting translations, the user agrees to the open source license used for the respective software project and adheres to the guidelines contained therein.
- Without the express permission of the operator, the user may only use the service for private purposes and may not advertise himself or third parties. This means in particular that the user may not use any messages advertising content without the consent of the operator and the recipient (in particular: spam messages).
- The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and / or giving third parties access to the profile by bypassing the log-in data.
- The user must refrain from any activity that is suitable to impair the operation of the service or the technical infrastructure behind it and / or to overload it. These include in particular:
- the use of software or scripts in connection with the use of the service;
- the automatic reading, blocking, overwriting, modification, copying of data and / or other content, insofar as this is not necessary for the proper use of the service
- It is also in violation of personality rights and therefore not permitted to remove the anonymity of other users or to disclose information from other users in private messages, e-mails or chats that are not intended for the public. Users are not allowed to include or otherwise disclose information in their posts that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
- If there are disruptions in the use of the service or its functionalities, the user will inform the operator of this disruption immediately. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, free right to use the content posted on the online service if not already covered by the license of the respective project. The operator is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of communication to the public, in particular the right to make it publicly available. The user waives the right to name the author. This regulation does not affect the possibility of the user to grant third parties rights to the content posted according to certain license models.
- Unlimited liability: The operator has unlimited liability for intent and gross negligence as well as in accordance with the German Product Liability Act. The operator is liable for slight negligence in the event of damage to life, limb and health of persons.
- In addition, the following limited liability applies: In the event of slight negligence, the operator is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the user can regularly rely on. The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to the operator's contractors.
In the event of a claim due to alleged or actual infringement of rights and / or infringement of third party rights through actions taken by the user in connection with the use of the service the user indemnifies the operator and his agents from all claims of third parties resulting therefrom. In addition, the user undertakes to reimburse all costs that the operator incurs as a result of claims by third parties. The reimbursable costs also include the costs of an adequate legal defense.
- The use of the service makes the collection, processing and use of personal data by the operator inevitable. The operator assures that all stored data will be handled carefully and processed exclusively within the scope of the consent of the user. Any further use of personal data is only carried out by the operator if this is legally permissible or if the user has consented in advance.
Contract duration / termination
- The contract runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and giving reasons.
- In addition and beyond that, the right of the parties to terminate the contractual relationship by extraordinary termination for an important reason remains unaffected.
- There is an important reason for the operator to terminate this contract if the user persistently violates his obligations according to Clause 4 (Obligation of the user) of this contract.
- Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.
- German law is exclusively applicable to this contract. The place of jurisdiction is Nuremberg, Germany.
Based on: http://www.online-marketing-recht.de/nutzungsbedingungen-fur-online-plattform/