The following conditions apply for using the Board of the MATCHARENA.
The usage of the Board is only allowed if you accept these terms as a user.
§ 2 Registration and conclusion of the contract
1. Its required to register at the MATCHARENA page if you want to use the Board. With the first visit of the Board with your registered MATCHARENA account, you agree, free of charge, to this contract.
2. Subject of the contract is the free use of the functions of the Board as an online communication plattform. To do this, an "account" is provided for the user, which you can use to make the posts and threads in the Board.
3. Generally you will have no legal claims for activating or to take part in the Board. Here applies the unrestricted owner's rights of the provider.
4. Your board account may only be used by yourself. You are also responsible as the owner of the account, to protect it against misusage. Your access must therefore be protected from third party access. It’s not allowed to use trademarked words and Internet addresses as username (nickname).
5. The MATCHARENA will strive to provide the service without scheduled disruption. Even with great care downtime can’t be excluded, in which the web server due to technical or other problems which are not within the control of the MATCHARENA (third party mistakes, acts of God, attacks against the infrastructure from hackers, etc.). The user acknowledges that a 100% availability of the board is technically impossible to achieve.
6. The MATCHARENA reserves the right to change the content and structure of the platform and the associated user interfaces to expand, if it doesn’t causes the agreed settlement with the User Agreement to be affected. The MATCHARENA will inform the user according to the changes.
7. The purpose of the board is directed to the public "market of opinions". It is therefore to be maintained among the users as a peaceful and respectful behavior without insulting hostility.
§ 3 Obligations as board user
1. As a user you commit that you will not publish posts that violate well manners or applicable German law. Your specifically prohibited from,
- publishing offensive or untrue content
- using by law, especially by copyright and trademark protected content, without permission
- to take anticompetitive actions
- Repeatedly publishing your topic in the board (prohibiting of double posting)
- Publishing press releases, without the approval of the copyright, in the board
- To advertise in the board without the explicit written permission of the MATCHARENA
3. By violation, in particular against the abovementioned rules § 3 paragraph 1 and 2, can the MATCHARENA, besides complete exclusion, also issue the following sanctions against the user:
- Deletion or modification of content that the user entered
- Announcement of a warning
- Blocking access to the board
5. If third parties or other users wants to make a claim that the MATCHARENA violated the law, a) resulting from the content posted by you as a user and/or b) result from using the services of the MATCHARENA by you as a user. Then you as a user have to free the MATCHARENA from any claims, including claims for compensation and you have to substitute the costs incurred due to the possible violation of the law. The MATCHARENA is particular exempted from the cost of legal defense. The MATCHARENA is entitled to make demand, to you as a user, for an appropriate advance. As a user, you are obliged to support the MATCHARENA in good faith with information and documents in a legal defense against third parties. All further rights and compensation claims of the MATCHARENA remain unaffected. If you’re not responsibility as users of the possible violation of the law, then the abovementioned obligations will not apply.
§ 4 Transfer of usage rights
1. The copyright for your topics and posts, as far as they are copyrightable, remains with you as a user. By creating a topic or post, you automatically give the MATCHARENA the right to keep the topic or the post permanently on its website. The MATCHARENA has also the right to edit, delete, move or to close your threads and posts.
2. The abovementioned rights persist even if your board account has been cancelled.
§ 5 Disclaimer
1. The MATCHARENA takes no responsibility for the content posted in the board, especially not for its accuracy, completeness and relevance.
2. The MATCHARENA is liable for intent and rugged negligence and breach of an essential contractual obligation. Essential contractual obligations are those that are needed to fulfill the proper execution of the contract and where the contracting partner trust on. The MATCHARENA’s liability is limited to the foreseeable upon conclusion of contract-typical violations for such violations caused by a slightly negligent breach of essential contractual obligations by him or one of its legal representatives or assistants. The MATCHARENA can’t be held liable in case of slightly negligent breach of the obligations which are not essential contractual obligations. The liability for damages, that fall within the protective scope from the MATCHARENA mentioned guarantee or warranty, as for liability claims under the Product Liability Act and damages. Injuries to your body or health remains unaffected.
§ 6 Duration / terminating the contract
1. This Agreement is concluded for an indefinite period.
2. Both parties can terminate this Agreement without notice.
3. The MATCHARENA is entitled after termination of this Board user contract to block the user's access. The MATCHARENA is entitled, but not obligated, in case of termination to delete content created by you as a user. Making a claim by you as a user asking on releasing the created content by you is not possible.