1. Area of Application
1.1. The following conditions apply to all services provided by Isolde Moussot, Bahnstr. 11, 76532 Baden-Baden (hereinafter referred to as "Operator") in connection with the provision and rendering of services (hereinafter referred to as "klima27") via the website www.klima27.com. The conditions regulate the contractual relationship between the Operator and the persons who make use of the services of the Operator on klima27 (hereinafter "Operators").
1.2. The Operator's employees shall not be entitled to make any alternative agreements, ancillary agreements, individual guarantee promises or assurances unless they are expressly authorized to do so or are authorized by virtue of a position in an executive body, power of attorney or general power of attorney.
1.3. In as far as the Operator provides the User with the services of a third party in accordance with the contractual provisions, the General Terms and Conditions of the third party shall also apply with regard to these services, provided the User was able to obtain reasonable knowledge of these prior to closing the contract.
2. Subject Matter
2.1. The business purpose of the Operator is the provision of the platform klima27 via which Users can publish news and also give other Users the opportunity to translate the published texts into other languages. Users can also interact with each other via klima27.
2.2. The Operator aims at keeping the availability of klima27 as stable as possible, but cannot guarantee this. In particular, a malfunction or temporary inactivity of klima27 can occur due to maintenance, safety or higher-than-average demand of klima27. The Operator cannot exert any influence on events beyond the Operator's control, such as the Internet connection.
3. Closing of Contract
3.1. The Operator offers applications that can only be used after the User has registered on klima27 and created a User Profile for himself. The agreement for the use of these applications is concluded when the User registers and creates a User Profile.
3.2. The User confirms that he has reached the age of sixteen at the closing of the contract. The Operator reserves the right to block Users who have not reached the age of sixteen and whose legal representatives have not given their consent.
4. User Profile
4.1. A User Profile is required for the closing of the contract. The User Profile enables the User to get into contact with other Users of klima27. A User may only create one User Profile and only use it himself. The use of the User Profile by third parties is not permitted.
4.2. The User is bound to provide only data which are true and complete and to keep all the information updated accordingly during the term of the contract. The Username of the User is freely selectable, whereby the Operator recommends using the real name. Under no circumstances may the User use a Username that is insulting, vulgar, obscene or illegal. It is technically impossible for the Operator to check the accuracy of the data provided. The Operator therefore assumes no liability for the actual identity of the User.
4.3. To protect the User Profile, the User must log in with a password.
4.4. In the event of unauthorized use of the User Profile, the User must inform the Operator immediately. This also applies if the User becomes aware of such an incident in connection with the User Profile of a third party.
5.1. The User has to uphold the existing laws and in particular the personal rights of third parties.
5.2. The User is prohibited from
- posting content that is pornographic, glorifies violence and is immoral or abusive in nature,
- posting content that violates laws for the protection of minors,
- using insulting or defamatory contents, regardless of whether these contents concern other Users of klima27 or other persons or companies,
- carrying out unacceptable harassment of other Users, in particular through spam (cf. § 7 the German Act against Unfair Competition - UWG),
- using content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law) without being entitled to do so, or to advertise, offer and/or distribute legally protected goods or services without being entitled to do so.
5.3. The User may not interfere with the functionality of klima27 and in particular may not impair it, in particular by overloading it.
5.4. The User may not distribute and publish any content of other Users, unless these are intended for distribution and marked accordingly. Dissemination and publication is not to be understood as the linking of content or the reposting of content to klima27.
5.5. The Operator is entitled to remove content that is not in accordance with the provisions of this section 5 and the website ethos of klima27.com (link https://www.klima27.com/index.php?page=ethos=ethos).
5.6. If a User detects an inadmissible use of klima27, he has to report this to the Operator.
6. Granting of Rights
6.1. The User grants the Operator a simple, temporal, spatial and unrestricted right of use with regard to content of copyrighted works (e.g. texts, photos) published by the User on klima27. In this respect and in particular, the right of reproduction and the right of public accessibility are transferred. Furthermore, the User transfers the right to edit these works.
6.2. For its part, the Operator is entitled to allow third parties, in particular other Users of klima27, to process (in particular translate) the protected works in accordance with Section 6.1.
6.3. If the User himself translates an article published on klima27, he grants the Operator the same rights with regard to his services as described under section 6.1.
7. Liability of the User
7.1. The User guarantees that he/she has unrestricted power of disposal with regard to the materials (texts, images, graphics, etc.) published by him/her on the Operator's websites for the respective use and that the contents are free from all copyrights of third parties, including any personal rights. In particular, the User guarantees to own all copyrights, ancillary copyrights, license rights, evaluation rights and GEMA (the German Society for Musical Copyright Enforcement) rights required for publication, duplication and public accessibility.
7.2. The User clears the Operator against any claims by third parties in connection with the contractual exercise of the rights and powers granted to the Operator by this agreement with regard to the materials provided by the User. Reimbursable costs also include the reasonable costs of legal defense which the Operator may incur in the defense against claims by third parties. However, the Operator is to inform the User immediately of any legal defense measures to be taken. In such disputes with third parties, the Operator may only conclude settlements after consultation with the User. Otherwise, the Operator shall bear all costs of the dispute itself.
7.3. In the event of a claim by third parties, the User is required to immediately provide the Operator, truthfully and comprehensively with all information necessary for the examination of the claims and the defense.
7.4. If the User transmits messages via a password-protected web interface, he is responsible for maintaining the confidentiality of the assigned Username and password (hereinafter referred to as "access data"). He shall be responsible for any misuse of the access data.
8. Liability of the Operator
8.1. The Operator shall only be liable to the User for damages caused intentionally or by gross negligence. This does not apply if the Operator violates essential obligations of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely.
8.2. In the event of minor negligence, the Operator shall not be liable for damages which are not attributable to a breach of essential contractual obligations with regard to indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits.
8.3. If the Operator negligently infringes an essential contractual obligation, the Operator shall only be liable for the foreseeable damage typical for the contract.
8.4. A statutory fault-independent liability of the Operator - in particular a liability according to product liability law as well as a statutory guarantee liability - remains unaffected by the above limitations of liability. The same applies to the liability of the Operator in the event of wrongful injury to life, limb or health.
8.5. The restrictions of clauses 8.1. to 8.4. shall also apply in favour of the Operator's assistants if claims are asserted directly against them.
9. Confidentiality, Data Protection
9.1. The contracting parties undertake to treat all secrets which become known to them by the other contracting party during the execution of the contract with confidentiality.
9.2. The data of the User required for the execution of the contract are stored electronically. The Operator undertakes to observe the statutory provisions on data protection, in particular the European General Data Protection Regulation (DS-GVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The Operator provides further information on this in a separate data protection declaration.
9.3. The Operator points out that personal data are available to an unlimited number of persons in terms of time and space when published on the Internet. The data can be retrieved and stored worldwide as well as found via search engines and processed by other persons. The Operator has no obligation to prevent such storage by third parties.
10. Termination of the Contract
10.1. The contractual relationship runs for an indefinite period and can be terminated at any time without giving reasons.
10.2. In the event of a serious breach of this agreement, both parties shall be entitled to terminate this agreement without notice.
10.3. A serious infringement shall exist in particular in the following cases:
- the User damages the reputation of the Operator or of klima27,
- the User harasses or damages other Users,
- the User infringes legal regulations, in particular copyrights and ancillary copyrights,
- the User places advertisements. In particular, this constitutes a serious infringement if the advertisement violates the law against unfair competition or advertises for associations that are under observation by the Federal Office for the Protection of the Constitution.
10.4. The right of extraordinary termination shall also exist if one party has not resolved an insignificant breach after the other party has set an appropriate deadline.
10.5. If one party is to blame for the extraordinary termination, it shall reimburse the other party for the resulting costs.
11. Right to Modifications
11.1 The Operator reserves the right to modify the services offered on klima27, unless this is unreasonable for its usage. The Operator reserves the right to modify the service in particular if it is under obligation to do so for legal, official or judicial reasons or if this is necessary for reasons of information security. A modification shall not be deemed to have occurred if only changes of a purely graphic or structural nature are made.
11.2. If the Operator amends the General Terms and Conditions applicable to a continuing obligation, the new version shall become part of the contract at the earliest two months after receipt of a corresponding declaration provided the Operator has notified the User of the amendments in text form indicating the possibility of objection within a one-month period after receipt of the corresponding declaration and the User does not object within one month of receiving the corresponding declaration. If an objection is made, the contract shall continue unchanged. The right of the contracting parties to terminate the contract remains unaffected.
11.3. The right of termination pursuant to Clause 10 shall remain unaffected in the event of a change pursuant to Clause 9.
12. Final Clause
12.1. The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2. If the User moves his domicile or usual place of residence abroad after conclusion of the contract or if this is not known, the place of jurisdiction shall be the registered office of the Operator.
12.3. The jurisdiction for all rights and obligations arising from this contract shall be Karlsruhe, unless otherwise agreed.
12.4. Notice of termination, setting of deadline with warning of rejection and warning must be provided in writing.
12.5. The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
12.6. Amendments and supplements to this contract must be made in writing. This also applies to any amendment or cancellation of this text form clause.
12.7. In cases of conflict between the language versions, the German language version shall prevail. The English version is only a reading version.