Terms and Conditions
1. General information, scope
The subject matter of these terms and conditions is exclusively the use of the information, services and data which Deutsche Telekom AG (hereinafter referred to as “Deutsche Telekom”), Friedrich-Ebert-Allee 140, 53113 Bonn (Bonn District Court HRB 6794) provides on the www.eEtiquette.de website, subject to technical and operational feasibility.
Users as defined in these Terms and Conditions of Use are all persons who are actively involved as authors in creating content such as posts, links or comments.
2. Services provided by Deutsche Telekom
2.1 Deutsche Telekom shall place guidelines on the use of modern communication media for discussion on www.eEtiquette.com.
In addition to the purely informational content on the website, users may also post comments on the site. Deutsche Telekom may limit this content to certain periods of time.
Deutsche Telekom shall attempt to offer the service for retrieval with as few interruptions as possible. Despite the greatest precautions, however, down times cannot be ruled out.
2.2 Deutsche Telekom reserves the right to change, supplement or remove or discontinue the data and information provided on www.eEtiquette.com in its entirety at any time and without notice. Deutsche Telekom is not obligated to maintain certain content.
3. Obligations of the user
3.1 The website is an interactive service provided by Deutsche Telekom with the goal of exchanging opinions and information. In the comment and discussion rounds, maintaining an open, friendly and respectful discussion atmosphere is desirable.
3.2 The user is expected to stand behind the comments he writes and should therefore be prepared to identify himself. In order to use the comment function, the user must therefore provide a valid e-mail address and his full name. Every e-mail address must be verified on a one-time basis. For this purpose, the user shall receive an e-mail under the address he provides and he must confirm the e-mail address via a link provided in the e-mail. Only after completing this step is the comment visible on the website.
The user shall ensure that the details indicated on the comment form are complete and correct. Deutsche Telekom shall have the option of initiating measures to identify the user if the user fails to comply with these Terms and Conditions of Use.
3.3 The user shall be fully responsible for the content and presentation of his posts and shall refrain from any and all unlawful activities or actions in breach of the agreement. He shall undertake to comply with the ethical and generally accepted rules of interaction on the Internet.
3.4 The user shall not make improper use of the comment function, in particular, the user shall
• not convey or post on the Internet any information that is illegal or in violation of accepted moral standards, nor may reference to such information be made. This shall include, in particular, information that, as defined by §§ 130, 130a and 131 of the German Penal Code (Strafgesetzbuch – StGB), incites hatred and violence against segments of the population, induces the commission of criminal offences or glorifies or trivializes violence, is sexually offensive, is pornographic as defined by § 184 StGB, is apt to seriously endanger the moral welfare of children or juveniles or to affect their general welfare, or that could damage the reputation of Deutsche Telekom. The provisions of the Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media (Jugendmedienschutzstaatsvertrag – JMStv) and the Juvenile Protection Act (Jugendschutzgesetz) shall be complied with.
• ensure that the use of individual functions and, in particular, the creation or sending of messages does not cause any disruption to Deutsche Telekom, other providers or any other third parties.
• observe national and international copyrights, trademark, patent and name rights, as well as other industrial and personal rights of third parties.
3.5 Deutsche Telekom reserves the right to reject the posting of comments on the website or to remove impermissible comments already posted without the user being entitled to compensation. This shall also apply to comments that meet formal criteria, but which have strayed from the topic of the original post.
Users who repeatedly violate the aforementioned points may be permanently banned from participating in the discussions.
3.6 If the user encounters comments whose content appears questionable or in violation of the rules, he should contact the editorial team here.
3.7 The user shall grant Deutsche Telekom the worldwide, license-free, non-exclusive right to reproduce, publish and modify or adapt his content. This shall apply, in particular, to the publication of individual posts, in full or as excerpts, on the Internet platform.
3.8 Users shall not be permitted to engage in advertising without Deutsche Telekom’s express consent.
3.9 Users are forbidden to upload files containing viruses, worms, software or programs which can disrupt the operation of another computer.
3.10 If the user violates the obligations incumbent upon him, he shall be liable to compensate Deutsche Telekom for any expenses incurred, and to indemnify Deutsche Telekom against claims for damages and reimbursement of expenses made by third parties that have arisen as a result of the user's violation. This also applies to damage caused by others to the extent that the user can be held responsible. Damage to be compensated shall include, in particular, any reasonable costs of legal defense which Deutsche Telekom may incur. This shall be without prejudice to any further rights or claims for damage made by Deutsche Telekom.
4.1 Deutsche Telekom shall be fully liable for any damage it causes intentionally or by gross negligence or if the damage is attributable to the lack of a guaranteed feature.
4.2 In the event of slight negligence, Deutsche Telekom is fully liable in the case of injury to life, limb or health. If, as a result of slight negligence, Deutsche Telekom fails to perform its service on time, if it has become impossible to perform the service, or if Deutsche Telekom has failed to comply with an essential obligation, liability for any damage to property or pecuniary damage caused thereby shall be limited to foreseeable damage that is typical for this Agreement. An essential obligation is an obligation whose fulfillment is a prerequisite for the proper performance of the agreement, the infringement of which jeopardizes the achievement of the purpose of the agreement, and upon whose compliance the customer can normally rely.
4.3 Liability for any other damage shall be excluded; liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
4.4 The content posted by the users is the user’s own posts and opinions. Each user is personally responsible for the content he posts. Accordingly, each post must be identified by the user’s name or pseudonym.
4.5 Deutsche Telekom shall neither be liable for nor guarantee this external content, in particular it shall not be liable for or guarantee the content, currency, correctness and completeness of the information provided, nor shall it be liable for or guarantee content on external websites to which reference is made within the scope of this online service.
5. Data privacy
The data privacy notices of Deutsche Telekom shall apply, which can be viewed here.
6. Applicable law
The Agreement shall be subject to German law.
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