(1) The provider of the bikablo communities, at https//podio.com/kommunikationslotsende/bikablo-community (German) and https://podio.com/kommunikationslotsende/fur-gesa(English) (both hereafter referred to simply as the “bikablo community” or the “website”) is the bikablo GmbH & Co. KG (Limited Liability Company with Limited Partnership), in Lüderichstr. 2-4, 51105 Cologne, Germany; Email: email@example.com; Tel. +49 (0) 221-98559020. The following terms stipulate the rights and obligations between the service provider and every user of the website.
(2) The bikablo community is intended to facilitate communication, development, and collaboration between the provider’s training participants, and to provide further information on the topic of visualization.
- Services of the Provider
(1) The provider allows registered users to publish personal posts on the website and to establish contact with other users, all within the framework of the terms stipulated in the present text.
(2) The individual user, not the provider, is responsible for the content published within the bikablo community. The provider merely displays the content which the users have submitted to bikablo, but does not verify whether the content or statements issued by said users are lawful, accurate, or complete. The content issued by the users in no way reflects the views and opinions of the provider.
(3) The bikablo community is not a platform for the storage or administration of content. The individual user must make sure that he is issuing the provider with a copy of the content, while keeping the original for himself.
- Access to the Community and User Registration
(1) Only users that are of legal age and have taken and completed the provider’s training course are permitted to use the website.
(2) The user must first register his profile before being permitted to make use of the bikablo community.
(3) The registration and subsequent use of a user profile requires the creation of a valid account with Podio, a service provided by Citrix Systems UK Ltd, Building 3, Chalfont Park, Chalfont St. Peter, Gerrards Cross, Buckinghamshire SL9 0BG, U.K. (“Citrix”). The contractual relationship resulting from the creation of the Podio account is exclusively between the participant (user) and Citrix. The provider is not involved in this contractual relationship and is therefore not a contracting party to it. The user is solely responsible for the agreement to and fulfillment of the contract with Citrix. The provider is therefore not liable for any breach of obligations related to the contract agreed to between the user and Citrix.
(4) The registration of a user profile is contingent upon an invitation issued by the provider via email. In order to be eligible for an invitation, the user must fill out a registration form for the provider in which he will provide his first and last name, as well as his email address. The invitation will be issued once the admission requirements have been verified (see section (1) above) by the provider and confirmed by an email sent to the address given by the user (Double Opt-In). The moment the invitation has been issued, the user with the corresponding email address will already be visible to other users of the bikablo community. If upon receiving the invitation the user in question already has an existing Podio account, any additional details of that account will also be visible to other users of the bikablo community.
(5) Each natural person is entitled to only one registration. A registration on behalf of a third party is not permitted.
(6) The user is not permitted to pass on his login details, particularly his password, to a third party. However, should a third party gain access to the user’s profile, or should the user suspect unlawful access to his profile, he must inform the provider without delay and immediately change his login details.
(7) Should the user make any errors when registering his details, these can be corrected at any time before being stored. Even when the registration is complete, any details provided by the user can still be viewed, edited, corrected, or deleted.
- Content and Related Rights
(1) The creation and publication of user profiles and posts is an automated process. The provider will not check the details entered by the user into the profile for accuracy or lawfulness.
(2) The user guarantees that he will only publish content in his user profile that is factually relevant and legally permitted. In particular, the user guarantees that he has obtained the necessary rights to publish, reproduce, and make publicly accessible on the Internet any images or content he chooses to share; this especially includes the consent of any persons depicted on photographs.
(3) The user gratuitously grants the provider the right to publish, reproduce, and make publicly accessible on the website the user’s profile and all related content, including the user name. The provider reserves the right to move or combine user posts as he sees fit within his website. This right is a geographically unrestricted, non-exclusive right,limited in time to the existence of the user profile itself.
(4) The user has no right to force the provider to delete or to rectify any posts created by the user.
(5) The user releases the provider from all claims lodged by a third party against the provider for any potential breaches of the law regarding the content used. This release from liability includes any potential fees resulting from an inquiry into, or a legal defense involving, such claims, unless the user is not legally obliged to answer to the claims lodged by a third party.
5 Further Obligations of the User
(1) When taking part in the bikablo community, the user is expected to adhere to the current legal regulations. In particular, this means that
- penal codes,
- child protection laws,
- data protection regulations,
- laws governing competition, copyright, trademarks, patents, or third-party name rights,
- as well as personality, and other third-party rights must not be infringed.
(2) Furthermore, the user is legally
- obligated to treat other users and the provider with respect;
- forbidden from advertising products, services and/or companies in a covert manner (e.g. posing as a review) and/or in a public manner, or from using links for this purpose;
- forbidden from collecting, using, or publishing personal data or information of other users without the consent of the user in question;
- forbidden from implementing pernicious technologies which could harm or inconvenience the provider, other users, or third parties (e.g. viruses, robots, spiders, scrapers, crawlers, hacking, brute-force-attacks, etc.);
- forbidden from using URLs in posts which do not contain relevant information concerning the post in question. The content on the linked websites must adhere to the current legal regulations.
- Penalties and other measures in the case of violations
- warn users to desist from any further infringements immediately;
- change or definitively delete the user’s content or reviews;
- temporarily restrict the user’s profile;
- temporarily close the user’s profile;
- definitively remove the user from the community.
The provider expressly reserves the right to take additional measures, though any legal claims the provider has regarding the abuse shall remain unaffected by said measures.
(2) Upon learning of a case of suspected abuse, the provider will inform the user in question of it and, based on the individual case, will give him a deadline for issuing a statement on the matter.
- Limitation of Liability
(1) The following stipulations regarding the limitation of liability apply to all claims for compensation and liability cases, whatever their legal grounds (e.g. warranty, delay, legal impossibility, breach of duty, impediment to performance, unlawful acts, etc.). Exceptions include claims lodged by users arising from injury to life, body, and health; rights and claims of the user in case of the fraudulent concealment of a defect on the part of the provider or due to the lack of a condition previously guaranteed by the provider; claims and rights of the user due to willful or grossly negligent behavior on the part of the provider himself, his legal representative, or his vicarious agent; and claims of the user based on the Product Liability Act. All above-mentioned exceptions are subject to the legal provisions currently in force.
(2) The provider is liable in cases of damages caused by slight negligence if those damages were due to a neglect of so-called cardinal obligations. These are obligations whose fulfillment is required for the purposes of a contract, or whose fulfillment the contractual partners must be able to rely upon consistently. In neglecting the cardinal obligations, the provider’s liability is limited to damages that are typical and foreseeable for the provider upon concluding the contract. The provider is not liable in the case of damage caused by slight or simple negligence alone.
(3) The provider is not liable for the non-availability of the bikablo community or its online database. In particular, no claims can be brought against the provider where such a non-availability affects the contract between users, e.g. when a given content cannot be posted.
(4) The provider is not liable for contracts carried out between users.
(5) The provider is under no legal obligation to monitor the information posted or stored by the users, or to check such information for potentially illegal content.
(6) The provider is not liable for loss and/or damage to the user’s content (e.g. photos and/or texts), given the aforementioned stipulation that the provider will only be given copies, not originals.
- Duration and Cancellation
(1) A user profile is created for an indefinite length of time; the user has no claim to an unrestricted duration as regards his user profile.
(2) Any party can cancel their user profile at any time; there is no notice period required. The cancellation must be made by in writing (in a text format). Once the cancellation has been carried out, the provider will delete the user’s profile together with all related content.
- Possibility of a Contract Assumption
Having provided a notice period of four weeks, the provider has the right to transfer all rights and duties, completely or in part, from the contractual relationship to a third party. The right of cancellation cited in Section 8(2) remains unaffected by this provision.
(3) The announced changes will go into effect if the user has not objected to them in writing within four weeks of receiving the original notice. The notice will include this stipulation separately.
- Consumer Dispute Settlement
(1) The entity responsible for the extrajudicial settlement of disputes between consumers and the provider is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Strassburger Str. 8, 77694 Kehl (www.verbraucher-schlichter.de/, firstname.lastname@example.org).
(2) However, the provider will point out that he is under no legal obligation to take part in an extrajudicial dispute settlement, nor is he willing to do so voluntarily. The information in Section 11(1) above regarding the arbitration board responsible for dispute settlements is provided merely to comply with a legal provision with respect to information obligation.
(3) Apart from the arbitration board mentioned above in Section 11(1), consumers can lodge their complaints with the online arbitration board of the European Union, at ec.europa.eu/consumers/odr.
- Closing Provisions
(1) The use of the bikablo community is subject to the laws of the Federal Republic of Germany under exclusion of the conflict-of-law rules stipulated by private international law. This choice of law does not apply if it limits the mandatory rights of a consumer with permanent residence abroad.
(2) The person responsible for data privacy is the provider referred to in Section 1. The provider’s data privacy notice (https://bikablo.com/en/data-privacy-statement/) contains all applicable provisions and can be consulted at any time.
Cologne, October 1, 2018