(This document is an translation of the original “Allgemeine Nutzungsbedingungen “Coworkingsquares”. Legally binding is only the German original)
1. Terms and Scope of Application
2. Object of the Contract of Use
2.1 The service operated by the provider is a browser-based platform (in the following: platform), which allows users to exchange documents and messages with other users and lecturers within the scope of the functionality of the platform and to work on projects together.
2.2 User Account
In order to be able to use the platform to its full extent, the user necessarily has to have a personal user account. The provider will set up a personal user account for the user and provide the user with the access data for this user account.
When registering for the first time, the user agrees to the validity of these ToU as binding and assigns itself a personal password.
The user account on the platform is not transferable to third parties.
Registered users must keep their self-chosen or assigned password secret and carefully secure access to their member account. Registered users are obliged to inform the provider immediately if there are indications that their user account has been misused by third parties.
The provider will not pass on the password of a user to third parties and will never ask a registered user for his or her password by e-mail or telephone.
Registered users are generally liable for all activities carried out using their user account. If the registered user is not responsible for the misuse of his or her user account because there is no violation of the existing duties of care, the user is not liable.
3. General Principles
3.1 Users of the platform are obliged to comply with the applicable laws when using the provider's platform. It is the user's own responsibility to ensure that the content posted and used by the user is legal and does not infringe the rights of third parties.
3.2 The user assumes full responsibility for the legality of his conduct in compliance with the legal regulations. In particular, the user commits him- or herself not to use the platform for sending, publishing or transmitting illicit material. This particularly includes offensive formulations and/or sexually explicit material, including corresponding photos. In addition, the texts, photographs and documents used by the user must not violate applicable law. In particular these may
- no libel, defamation, threats or harassment,
- no content that is suitable for defaming other users of the platform or other third parties or degrading their reputation,
- no obscenities, pornographic or sexually suggestive content, no child pornography,
- no content that is likely to disrupt the operation of the platform or impair its usability, in particular no malicious programs, worms, viruses or other destructive program codes
must be included.
3.3 Users may not the use nicknames and e-mail addresses which they have received within the scope of using the platform for any purpose other than communication within the scope of the contractual use of the platform. In particular, it is prohibited to resell, commercially evaluate or use this data for purely commercial purposes.
3.4 The provider reserves the right to change or supplement these principles as far as this is feasible for the users in consideration of the legitimate interests of the provider.
3.5 The provider does not adopt the contents posted by the users as his own.
4. Responsibility of the Users/ Exemption
The user guarantees that the contents used or uploaded by him or her as part of the use of the platform are either free from the rights of third parties or that he or she has been granted a corresponding usage/ exploitation right, and that these contents do not violate any applicable law. Furthermore, the registered user shall exempt the provider from all claims of third parties which are supposed to have occurred due to an alleged infringement of rights caused by content uploaded by users to the provider.
The provider undertakes to use the content made available by the user only within the scope of the contractually agreed purpose. The user grants the provider the non-exclusive right to store and process the content created by the user within the framework of the use of the platform.
5. Limitations of Liability
The provider is only liable for intent and gross negligence. The provider is also liable in the event of a negligent breach of duties if this results in injury to life, limb or health or if a guarantee or claims under the Product Liability Act (Produkthaftungsgesetz) are affected. The provider is also liable for a negligent breach of duties if the fulfilment is essential for the proper execution of the contract, the breach endangers the achievement of the purpose of the contract and on whose observance the user regularly relies. In the latter case, however, the provider shall not be liable for unforeseeable damage that is not typical of the contract. The provider is not liable for slightly negligent violation of other obligations. The above limitations of liability also apply to vicarious agents of the provider.
6. Conditions of License
The provider grants the user a spatially and temporally unlimited, but at any time revocable, simple right of use to use the platform as intended. The user is not permitted to commercially evaluate, distribute, edit, decompile or otherwise use the platform without the consent of the provider.
7. Availability and Adjustment of Functionalities
The provider makes every effort to ensure that the platform can be reached at all times.
The provider reserves the right to change or supplement the functionalities of the platform at any time.
8. Final Provisions/ Amendment of the ToU
The provider reserves the right to change these ToU. The users will be informed about the changed conditions. If the user continues to use the platform after reference is made to the amended ToU, the user agrees to the amended ToU.
German law shall be deemed applicable. The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If individual provisions of the above ToU are invalid in whole or in part, this shall not affect the validity of the contract or the remaining provisions.