§ 1 Zone of validity
§ 2 Registration, participation, membership in the community
(1) Absolute precondition to the use of the Website and the community is a prior registration. Only after a successful registration the users can get part of the community.
(2) There is no right to registration, membership or use of the WECHANGE website or right to claim services from WECHANGE.
(3) Users are not allowed to give a third part access to their account. Users are obliged to keep their account details secret and protected from third party access.
(4) Users’ profile information can be mutually seen within the community of all registered users.
(5) Users have the option to make profile information public to non-registered users. In order to protect the private sphere, this option is by default deactivated and can only be activated by the users themselves.
(6) Users are wholly responsible for the content published by them.
§ 3 Service of the Provider
(2) The Provider assumes no guarantee for the accuracy, integrity, reliability, actuality and useability of the already available content.
§ 4 Legal Disclaimer
(1) Compensation claims from users are excluded, if not subsequently stated otherwise. The above disclaimer also applies in favour of legal representatives and subcontractors, if users assert claims against them.
(2) Exceptions to the legal disclaimer in paragraph 1 are compensation claims due to an injury of life, body, health and claims from the violation of fundamental contractual obligations. Fundamental contractual obligations are those, whose fulfilment are necessary to the achievement of the aim of the contract. Also excluded from the disclaimer is the liability for damages, which are caused by a deliberate or grossly negligent violation of duty of the Provider, its legal representatives or subcontractors.
§ 5 Duties of the Users
(1) Users are obliged to the Provider, not to publish any posts that offend common decency or governing law. Users are in particular obliged not to post anything:
- that the posting of which constitutes a criminal or administrative offence,
- that violates copyright law, trademark law or competition law,
- that has insulting, racist, discriminatory or pornographic content,
- contains advertising.
(2) In case of a violation of these obligations from paragraph 1, the Provider is entitled to amend or delete the offending posts and to bar access to the users. Users are obliged to reimburse the Provider for any damages resulting from the violation.
(3) The Provider has the right to delete posts and content, if these could contain a statutory violation.
(4) The Provider has the right to against users for exemption from claims of third parties, which they claim due to an infringement of rights by the users. Users are obliged to support the Provider in case of defence against such claims. Users are also obliged to cover the costs of an appropriate legal defence of the Provider.
§ 6 Transfer of Usage Rights
(1) The copyright for the configured posts remains with the respective user. By publishing their posts, users however allow the Provider the right to keep them permanently ready for retrieval and to make them publicly available. The Provider has the right to move posts within the website and to link them with other content.
(2) Users have no right to claim against the Provider in case of deletion or amendment of their posts.
§ 7 Termination of Membership
(1) Users can terminate their membership through a corresponding statement to the Provider without the need to comply to a deadline. On demand, the Provider will subsequently block access to the users.
(2) The Provider has the right to cancel a membership with compliance to a time limit of two weeks before the end of the month.
(3) Upon presentation of an important reason, the Provider has the right to block access to users immediately and to cancel membership without complying to a time limit.
(4) After the termination of a membership, the Provider has the right to block access to users. The Provider has the right, but is not obliged, to delete content created by the user. Users’ claim to surrender the created content is excluded.
§ 8 Changes or Adjustments to the Service
(1) The Provider has the right to make changes to the service.
(2) The Provider has the right to end its service, complying to a cancellation period of two weeks. In case of a cessation of its service, the Provider has the right, but is not obliged, to delete content created by users.
§ 9 Jurisdiction
Regarding the legal relationship between the Provider and the users, the law of the Federal Republic of Germany applies. The compulsory consumer protection regulations of the country, in which the user has their usual residence, are excluded from this jurisdiction.