§ 1 – Provider, Content of the Service
The provider of the website www.wechange.de (henceforth, ‘Platform’) is the Wechange e.G., c/o Thinkfarm, Oberlandstraße. 26-35, 12099 Berlin, Germany (henceforth ‘Provider’, ‘we’). The following terms govern the rights and obligations between us and the respective users of the platform (henceforth, ‘you’).
§ 2 – Access requirements, Registration
(1) Every visitor to our platform can view the public area of the platform with the presentation of represented actors, groups and projects, without needing to fulfil special requirements.
(2) To create a user profile, to join a group or a project, to publish and edit posts or documents and to use further interactive functions on the platform, require registration on the platform.
(3) Every individual may register on the platform giving a self-chose user name (which may also be a pseudonym), their e-mail address and a self-chosen password. Further information can be voluntarily added. Once we have accepted your registration application, you will receive a confirmation via e-mail.
(4) Only one registration per person is allowed. A substitutionary or fiduciary registration for third parties is not permitted. We reserve the right to terminate a user agreement without notice, if it is based on multiple registrations by the same individual or a substitution or proxy for a third party.
(5) User profiles are not transferable; the assignment of rights is excluded from the user agreement.
(5) Nutzendenprofile sind nicht übertragbar; die Abtretung von Rechten aus dem Nutzungsverhältnis ist augeschlossen.
§ 3 – Granting of Rights
(1) In certain areas of the platform, you may take part with your own posts (for instance, writing texts, uploading images and other media). For all your posts, you guarantee us that you have all necessary rights for all the component parts of a post; this especially includes the consent of people who are recognisable in photographs or videos. You also agree to indemnify us from all eventual claims of possible infringements which other platform users or third parties raise against your post. The right to indemnity also includes our costs that may be incurred for a suitable inquiry and, if necessary, legal defence, unless you are not responsible for the complaint of the third party.
The claim for indemnification also includes our costs of an appropriate examination and, if necessary, legal defence which become necessary in such a context, unless you are not responsible for the complaint of the third party.
(2) With the sending of a post, you grant us the right to save your post on the internet servers of the platform and to make it publicly available, as far as the functions of the platform for networking, exchange and collaboration of users foresee. The granting of the right is a geographically unlimited right.
(3) For content, which is saved in your user profile, the granting of the right is limited in time to the duration of your user agreement with us. For content, which you sent via the platform as a message to others users or exchanged as part of a discussion or collaborative editing of a document on the platform, the granting of rights is valid until the point in time when all recipients and editors of your content, alongside you, have ended their user agreement with us.
(4) The granting of rights to us from your side is free of charge.
§ 4 – Quality Assurance
We reserve the right to remove content from the platform, when we are convinced that the content is incompatible with the goals of our platform – namely the information, cooperation and support of users amongst themselves. This is especially the case when a post is:
- of an insulting character, whether in content or form, which, even taking into account freedom of expression, is intolerable.
- contains or constitutes an infringement, such as defamation, libel, hate speech, coercion, extortion, threats, or violations of copyright, trademark law, or personal rights.
§ 5 – Termination of the User Agreement
(1) User agreements, which are free of charge, may be terminated at any time by written notice (for instance, via e-mail).
(2) The termination of the user agreement does not affect the rights previously granted to us for certain content, in as far as other users continue to work with is (see § 3 Paragraph 3).
(3) We will keep a user’s posts, which are part of a discussion on the platform, even after the termination of the user agreement, however the user name originally published with the post will be removed and replaced with the information that the user who wrote the post is no longer active on the platform.
(4) We operate the platform for an undefined period of time. In the context of a free of charge user agreement, you therefore have no claim to an unlimited term and also no claim to a certain level of availability of the platform.
§ 6 – Liability for Content
The procedures of the platform are automatized, especially the acceptance and posting of content, which our users contribute. We do not check submitted content for appropriateness, factual correctness or law violations before publishing. We commit ourselves, however, to follow up specific indications of problematic content and to delete it if needed.
§ 7 – Contractual relationship with paying users
(1) General information
(1.1) It is possible to support the operation and further development of wechange e.G. by making a voluntary payment (so-called “Pay What You Want” model). For the legal framework of this voluntary payment, the following General Terms and Conditions shall apply exclusively in their version valid at the time of the voluntary payment.
Differing terms shall not be recognized, unless wechange e.G. explicitly agrees to the validity of such in writing.
(1.2) The voluntary payment is not a tax-deductible donation.
(2) Payment obligation and parameters
(2.1) This is a voluntary payment to wechange e.G. The voluntary payment is not associated with an additional obligation on the part of wechange e.G. to provide a service. The voluntary payment merely corresponds to the understanding of the respective user of an appropriate amount of money for the use of the platform.
(2.2) Beneficiaries may determine the amount of the voluntary payment themselves. The ability to define or adapt such exists during registration and users may make adjustments in the respective profile settings at any time. The payment obligation does not arise upon pressing the button “CHOOSE CONTRIBUTION” or the button “CHOOSE AMOUNT OF CONTRIBUTION”, but only by pressing the button “CONFIRM AND PAY ON A LEGALLY BINDING BASIS”. Before doing so, users must confirm that they have read, and agree to, the Terms and Conditions. The button “My amount” can be used to adjust the selected amount of the voluntary payment before the legally binding commitment is made.
(2.3) The minimum amount is EUR 1.00 (one Euro). The maximum amount is EUR 100.00 (one hundred Euro).
(2.4) Payment is processed by Better Payment Germany GmbH (“Service Provider”).
(2.5) If the payment method is credit card or PayPal, the user will be redirected to the third-party provider’s website after pressing the button “CONFIRM AND PAY ONA LEGALLY BINDING BASIS”, where the authorization for the payment process must be carried out. With the direct debit payment method, the recorded account data is forwarded to the service provider by confirming the “CONFIRM AND PAY ONA LEGALLY BINDING BASIS” button.
(3) Payment frequency
(3.1) The voluntary payment is provided for as an automatic recurring payment.
(3.2) The frequency of recurring payments is monthly and cannot be influenced by the user. The notice period for the SEPA Direct Debit Scheme will be reduced to five days.
(3.3) Users may discontinue payments at any time in the profile settings. After pressing the button “STOP PAYMENT”, no further debits will be made. The current payment status shall be retained until the expiration date and this will be displayed in the profile settings.
An invoice will be generated once payment has been made.
(2) If you do not object in written form (for instance, via e-mail) within four weeks from the announcement of the change, your consent to the change is considered as granted. We will specifically point out this legal consequence in our announcement of the change.
(3) If you object to the announced change, this may be a reason for us, to terminate the user agreement with you with effect from the entry into force of the change.
§ 9 – Closing Provisions
(1) The use of the platform is subject to the law of the Federal Republic of Germany, excluding the conflict of laws of International Private Law. This choice of law does not apply insofar as it would restrict the mandatory legal rights of a consumer with permanent residence abroad.
(2) The responsible body for data protection is the provider named in § 1. Our data protection regulations apply, which you can find at https://wechange.de/cms/data-security/?lang=en.
As of: 16. 12. 2019