Terms of Use
§1 Provider, content of the offer
The provider of the website https://wechange.de (hereinafter "platform") is wechange eG, c/o Thinkfarm, Oberlandstraße. 26-35, 12099 Berlin, Germany (hereinafter "provider", "we"). The following conditions regulate the rights and obligations between us and the respective user of the platform (hereinafter "you").
§2 Access requirements, registration
(1) Every visitor to our platform can view the public area of the platform with the presentation of the actors, groups and projects represented without having to meet any special requirements.
(2) Creating a user profile, joining a group or project, publishing and editing contributions or documents on the platform and using other interactive functions require prior registration on the platform.
(3) Any natural person can register on the platform by providing a user name of their choice (which can also be a pseudonym), their email address and a password of their choice. Additional information can be added voluntarily. If we have accepted your registration application, you will receive a confirmation by email.
(4) Only one registration is permitted for each natural person. Registration on behalf of a third party or in trust for that person is not permitted. We reserve the right to terminate a user relationship without notice if it is based on multiple registrations by the same natural person or on representation or trust for a third party.
(5) User profiles are not transferable; the assignment of rights arising from the user relationship is excluded.
§3 Grant of Rights
(1) In certain areas of the platform, you can contribute your own contributions (e.g. writing texts, uploading images and other media, or creating calendar entries). For all of your contributions, you guarantee us that you have all the necessary rights to all components of a contribution; this includes in particular the consent of persons who are recognizable in photos or videos. At the same time, you undertake to indemnify us against any claims made by other platform users or other third parties due to any violations of law in connection with your contribution. The indemnification claim also includes our costs for an appropriate examination and, if necessary, legal defense that become necessary in such a context, unless you are not responsible for the third party's complaint.
(2) By submitting a contribution to us, you grant us the right to save your contribution on the platform's web servers and to make it publicly accessible on the platform and partner platforms (which you can select in advance) using your user name, insofar as the platform's functions for networking, exchange and collaboration between users allow this. The grant is a geographically unrestricted, simple right.
(3) For content that is stored in your user profile, the granting of rights is limited to the duration of your user relationship with us. For content that you have sent to other users via the platform as a message or exchanged as part of a discussion or joint editing of a document on the platform, the granting of rights applies until the point in time at which all recipients and editors of your content, in addition to you, have terminated their user relationship with us.
(4) The granting of rights by you to us is free of charge.
(5) The granting of rights to content uploaded by users to other users is not the subject of these terms of use. Please therefore ask the respective author how you may use his content.
§4 Liability for content
The platform's processes are automated, in particular the receipt and publication of content contributed by our users. We do not check submitted content for appropriateness, factual accuracy or possible legal violations before publication. However, we undertake to immediately investigate specific indications of problematic content and to delete it if necessary. In addition, our quality assurance regulations apply (§ 5).
§5 Quality Assurance
We reserve the right to remove content from the platform if we believe that the content is incompatible with the objectives of our platform – namely the information, cooperation and support of users among each other. This is particularly the case if content
- is offensive in content or form, which cannot be tolerated even taking into account freedom of expression,
- contains or constitutes a violation of law, such as defamation, slander, incitement, coercion, blackmail, threats or violations of copyright, trademark law or personal rights.
§6 Advertising
Advertising for pornographic, racist, homophobic and violent content is prohibited and will result in the immediate blocking of the user. In addition, the regulations for termination of the user relationship in the event of violations apply (§ 7).
§7 Termination of the user relationship
(1) Either party may terminate a free-of-charge user agreement at any time by giving notice in text form (e.g. by email).
(2) The termination of a user relationship does not affect the rights to certain content granted to us up to that point, as long as other users continue to work with it (see Section 3 Paragraph 3).
(3) We will retain contributions from a user that are part of a discussion on the platform even after the user relationship has ended, but the user name originally published with your contribution will be removed and replaced by a note that the user who wrote it is no longer active on the platform.
(4) We operate the platform for an indefinite period of time. As part of a free-of-charge usage agreement, you are therefore not entitled to an unlimited term or to a specific level of availability of the platform.
§8 Contractual relationship for paying users
(1) General
(1.1) It is possible to support the operation and further development of wechange eG through a voluntary payment (so-called "Pay As You Like" model). The legal framework for this voluntary payment is exclusively governed by the following General Terms and Conditions in the version valid at the time of the voluntary payment. Deviating conditions will not be recognized unless wechange eG expressly agrees to their validity in writing.
(1.2) The voluntary payment is not a tax-deductible donation.
(2) Payment obligation
(2.1) This is a voluntary payment to wechange eG. The voluntary payment is not associated with any additional obligation on the part of wechange eG. The voluntary payment merely corresponds to the respective user's understanding of an appropriate amount of money for using the platform.
(2.2) Users can set the amount of the voluntary payment themselves. The option to set or adjust it is available when registering, and users can make adjustments to their respective profile settings at any time. The obligation to pay does not arise when the "SELECT CONTRIBUTION" button or the "SELECT AMOUNT OF CONTRIBUTION" button is pressed, but only when the "LEGALLILY CONFIRM AND PAY" button is pressed. Users must first confirm that they have read the terms of use and agree to their validity. The selected amount of the voluntary payment can be adjusted before the legally binding commitment is made using the "My amount" button.
(2.3) The minimum amount is EUR 1.00 (one euro). The maximum amount is EUR 100.00 (one hundred euros).
(3) Payment frequency
(3.1) The voluntary payment is intended as an automatic recurring payment.
(3.2) The frequency of recurring payments is monthly and cannot be adjusted by the users. The advance notice period for the SEPA direct debit procedure is reduced to five days.
(4) Payment processing
(4.1) Payment processing is carried out by Better Payment Germany GmbH (“Service Provider”).
(4.2) When paying by credit card or PayPal, users are redirected to the third-party provider's website after clicking the "LEGALLY BINDING CONFIRMATION AND PAY" button, where they must authorize the payment process. When paying by direct debit, the account details recorded are forwarded to the service provider by clicking the "LEGALLY BINDING CONFIRMATION AND PAY" button.
(5) After payment an invoice will be generated.
(6) Users can stop payments in their profile at any time. After clicking the "END PAYMENT" button, no further debits will be made. The current payment status will be retained until the expiry date and will be displayed in the profile.
§9 Changes to the Terms of Use
(1) From time to time it may be necessary to adapt these Terms of Use. In such a case, we will notify you of the proposed change by email at least six weeks before it comes into effect.
(2) If you do not object in writing (e.g. by email) within four weeks of receiving the notification of the change, your consent to the change will be deemed to have been given. We will specifically draw your attention to this legal consequence in our notification of the change.
(3) If you object to the announced change, this may be grounds for us to terminate the user relationship with you with effect from the date the change comes into force.
§10 – Final provisions
(1) The use of the platform is subject to the law of the Federal Republic of Germany, excluding the conflict of law rules of private international law. This choice of law does not apply to the extent that it would restrict the mandatory statutory rights of a consumer with permanent residence abroad.
(2) The responsible party for data protection is the provider named in § 1. Our data protection regulations apply, which you can find online at https://wechange.de/cms/datenschutz/ find.
Status: March 2021