Terms of Use

Terms of Use of the Plunet Community

The PLUNET COMMUNITY Terms of Use constitute the legal basis for the use of the PLUNET COMMUNITY. The use of PLUNET COMMUNITY is also subject to Plunet's privacy policy, which is available at https://community.plunet.com/privacy, as well as other policies that may be introduced by Plunet.
Further data on the Provider of the forum as well as further contact options can be found at https://www.plunet.com/en/legal-notice/.

§ 1 Scope of Application

Plunet GmbH is a service Provider in the sense of § 2 No 1 TMG (Telemedia Act). The following terms and conditions apply to the use of the PLUNET COMMUNITY forum of Plunet GmbH (hereinafter referred to as "Provider").
The use of the forum is only permitted if the User accepts these terms of use. The subject matter of the contract is the free use of the functions of PLUNET COMMUNITY as an online communication platform. For this purpose, the User is provided with an "account" with which contributions and topics can be posted in PLUNET COMMUNITY. The purpose of PLUNET COMMUNITY is the online supported, professional exchange of information and experience as well as the networking of Users regarding the software products offered by the Provider. The use of COMMUNITY is reserved for commercial Users or Users who use the software products in the context of their professional activities.

§ 2 Registration, Conclusion of Contract and Subject Matter of Contract

  1. The prerequisite for the use of the forum is the registration via the corresponding online form by means of a valid email address. After registration via the online form in the forum, the User will receive a confirmation email to verify his data, with which the User can confirm the registration. With the activation of the account by the Provider, the free forum usage contract comes into effect (conclusion of the contract). The User undertakes to regularly check the e-mail address provided during registration for functionality, to update it if necessary and to read e-mails sent to it. In accordance with §§ 12, 13 TMG (German Telemedia Act), the User consents to the collection and processing of his personal data provided during the registration process. In principle, the processing of this data is based on Plunet's privacy policy, which also regulates the revocation of consent to the processing of the collected personal data.
  2. The subject matter of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, the User is provided with an "account" with which the User can post contributions and topics in the forum.
  3. There is basically no legal claim to activation or participation in the forum. The unrestricted domiciliary rights of the Provider apply.
  4. The forum account may only be used by the User himself. Likewise, the User as the owner of the account is responsible for protecting it from misuse. The access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as usernames (nicknames) are not allowed.
  5. The Provider shall endeavor to offer the service for retrieval without interruption as far as possible. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems beyond the control of the Provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The User acknowledges that a 100% availability of the website is technically impossible to realize.
  6. The Provider reserves the right to change and expand the content and structure of the platform as well as the associated User interfaces, if this does not or only insignificantly affect the purpose of the contract concluded with the User. The Provider will inform the Users about the changes accordingly.
  7. The purpose of the forum is an exchange of experiences directed at other Users. Therefore, a peaceful and respectful interaction among the Users without offensive hostilities should be maintained.

§ 3 Duties as a Forum User / Compensation for Damages

  1. The User undertakes not to publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, the User is prohibited from
    • to publish insulting or untrue contents;
    • to send spam to other Users via the system;
    • to use content protected by law, in particular by copyright and trademark law, without authorization;
    • to perform anti-competitive actions;
    • post a topic more than once in the forum (prohibition of double postings);
    • to publish press articles of third parties in the forum without the consent of the author;
    • to advertise in the forum without the express written permission of the Provider. This also applies to so-called surreptitious advertising such as, in particular, linking one's own homepage with or without posting text in the signature or within posts. Homepage URLs and address or contact details may only be published in the User profile of the forum.
  2. The User commits himself, before the publication of your contributions and topics these to examine whether these contain data, which he would not like to publish. The contributions and topics may be recorded in search engines and thus become accessible worldwide. A claim for deletion or correction of such search engine entries against the Provider is excluded. In particular, the User must ensure that the stored data is free of computer viruses, Trojans, worms and other harmful functions and content.
  3. In the event of a violation, in particular of the aforementioned rules § 3 para. 1 and 2, the Provider may also impose the following sanctions on the User, irrespective of termination:
    • Deletion or modification of content posted by the User,
    • Issuing a warning or
    • Blocking access to the forum.
  4. Should third parties or other Users make claims against the Provider due to possible legal violations that a) result from the content posted by you as a User and/or b) result from the use of the Provider's services by you as a User, you as a User agree to indemnify the Provider from any claims, including claims for damages, and to reimburse the Provider for the costs incurred by the Provider due to the possible legal violation. In particular, the Provider is released from the costs of necessary legal defense. The Provider is entitled to demand an appropriate advance payment from the User for this purpose. The User is obliged to support the Provider in good faith with information and documents in the legal defense against third parties. All further rights as well as claims for damages of the Provider remain unaffected. If the User is not responsible for the possible infringement, the aforementioned obligations do not apply.
  5. The User agrees that no bots, spiders or other automated means will be used within PLUNET COMMUNITY to access and use material from PLUNET COMMUNITY for its own purposes, e.g. third party websites or applications.

§ 4 Transfer of Rights of Use

  1. The copyright for the topics and contributions of the User, as far as these are copyrightable, remains in principle with the User. However, by posting a topic or contribution, the User grants the Provider the right to keep the topic or contribution permanently available on his web pages. In addition, the Provider has the right to delete, edit, move or close the topics and contributions of the User.
  2. The aforementioned rights of use shall remain in force even in the event of termination of the forum account.

§ 5 Limitation of Liability

  1. The Provider of the forum assumes no liability for the content posted on the forum, in particular for its accuracy, completeness and timeliness.
  2. The Provider is liable for intent and gross negligence and for breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. The Provider shall be liable, limited to compensation for the damage foreseeable at the time of the conclusion of the contract and typical for the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by him or one of his legal representatives or vicarious agents. The Provider shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or warranty given by the Provider as well as liability for claims based on the Product Liability Act and damages arising from injury to life, limb or health shall remain unaffected.

§ 6 Term / Termination of the Agreement / Amendments

  1. This Agreement shall be concluded for an indefinite period.
  2. Both parties can terminate this agreement with a notice period of 2 weeks.
  3. If the User deletes his account or has it deleted (termination of the contract), his public statements, especially contributions in the forum, remain visible to all readers, but the account is no longer accessible. All other data will be deleted. If the User wishes his public contributions to be deleted as well, he should inform the Provider of this when requesting deletion.
  4. Changes of the terms of use will be announced online and can be accepted by the User. If changes or updates are not accepted, this entitles the Provider to terminate this agreement. The Provider is entitled to terminate the service with a reasonable notice period.

§ 7 Choice of Law / Place of Jurisdiction

The contractual relationship between the Provider and the User shall be governed exclusively by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction is at the registered office of Plunet if the User is a merchant or does not reside in an EU member state. In these cases, the Provider is also entitled to file suit at any other court having jurisdiction over the User.