The terms of use for Linkando portal operators can be found here.
The following terms of use apply to the relationship between Linkando GmbH (hereinafter referred to as the "portal provider") and users of the internet platform (hereinafter referred to as the "platform"). The portal provider makes the platform available to the user on the basis of a contractual relationship between the portal provider and a customer of the portal provider (hereinafter referred to as the "portal operator").
Users within the meaning of these Terms of Use are natural persons who access content on the platform, add content to the platform themselves and use the functions offered. Users must be at least 16 years old.
The Terms of Use shall apply in the respective version for all current and future business relationships. Portal Provider reserves the right to amend and/or supplement these Terms of Use with a reasonable period of notice. If the portal provider makes changes and/or additions to the terms of use, the user will receive the amended version of the terms of use at the e-mail address provided during user registration. If the user does not object to the amended and/or supplemented version of the terms of use in writing within two (2) weeks of receipt, the portal provider shall consider this to be a declaration of consent to the validity of the amended terms of use. The portal provider shall inform the user of the consequences of the user's failure to object in the notification of change. All previous versions of the Terms of Use shall lose their validity once the amended Terms of Use come into force. If the user refuses to agree to the amended terms of use, the contractual relationship shall remain unchanged. In this case, Portal Provider shall be entitled to terminate the contractual relationship with immediate effect. If the provisions of the amended terms of use or the amendments to the description of services are unreasonable for the user, the user shall be entitled to terminate the contractual relationship with immediate effect.
All services provided by the portal provider are hereinafter referred to as services and are based on the contract between the portal provider and the portal operator. The portal provider will not charge the user for the use of the platform. The platform and integrated services can only be used after prior registration.
By completing the registration form and agreeing to the terms of use, a contract of use is concluded between the portal provider and the user, including the terms of use, the data protection provisions and, if available, the user's consent under data protection law.
Portal providers are under no contractual obligation to check the content and information uploaded to the platform by the respective users. In principle, the portal provider does not check the content before it becomes visible to the portal operator. The portal provider will follow up information about content on the portal that violates the applicable law or these terms of use and, if the violation of the applicable law or these terms of use is confirmed, will take appropriate measures to end the violation.
The user undertakes to provide the data required or voluntarily provided after receiving the invitation link as part of the registration process truthfully and, where necessary, in full. Furthermore, the user undertakes to provide only personal data and not to provide data of third parties. Should the information on the data collected change, the user shall provide this current data via the corresponding form.
The user undertakes to keep all access data and passwords secret and to inform the portal provider immediately if third parties become aware of the user's usage data and/or passwords. The user assumes full responsibility for all actions carried out by third parties using his/her access data and/or passwords, insofar as the user is at fault. Should the user provide access data and/or passwords to third parties, Portal Provider shall be entitled to terminate the user contract with the user with immediate effect, to delete the user's registration and to exclude the user from further use.
The user is responsible for the content stored on the platform. The user undertakes not to transmit any content that violates applicable law (in particular data protection law) or the rights of third parties (in particular copyrights and personal rights) or that glorifies violence, is offensive or pornographic.
By posting content, the user grants the portal provider and the portal operator a right of use free of charge, unlimited in time and space. In particular, the portal provider is entitled to make the data accessible to the respective portal operator.
The user shall indemnify the portal provider against all claims by third parties to which they are entitled due to culpable infringement of their rights, in particular, but not exclusively, copyright, trademark, competition, personality or other property rights, by the content posted by the user. This applies to the same extent to any claims asserted against the portal provider by authorities or other public bodies due to content that the user has culpably posted in violation of the provisions of these terms of use.
The user undertakes to reimburse Portal Provider for all necessary expenses incurred by Portal Provider as a result of third parties taking action against Portal Provider due to the culpable infringement of their rights by the content posted by the user. Such expenses are in particular, but not exclusively, the necessary costs of an appropriate legal defense.
If claims are asserted against Portal Provider by third parties due to any infringement of their rights by the content posted by the user, the user undertakes to support Portal Provider to the best of his ability in the defense against the claims asserted by the third party. In particular, but not exclusively, the user shall provide Portal Provider with a copy of all available documents relating to the alleged infringement of rights by the content upon written request by Portal Provider. Any costs associated with this shall initially be borne by the portal provider.
Portal Provider shall be liable without limitation for all damages caused by Portal Provider and its legal representatives or vicarious agents in the event of intent or gross negligence.
In the event of slight negligence, Portal Provider shall be liable without limitation in the event of injury to life, limb or health.
Otherwise, Portal Provider shall only be liable if it has breached a material contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. The strict liability of Portalanbieter for damages (Section 536 a BGB) for defects existing at the time of conclusion of the contract is excluded; Paragraphs 1 and 2 remain unaffected.
To the extent permitted by law, Portal Provider shall not be liable for indirect or direct damages arising from the use of the data and information contained on the website. The risk of data loss during transmission outside the domain of the portal provider is borne solely by the user.
Liability under the Product Liability Act remains unaffected.
If the user decides to revoke the data protection consent given during the registration process, or indicates that he does not accept the data protection information or objects to further processing of his data, the existing user contract between the user and the portal provider ends automatically.
The contract of use can be terminated at any time by the user, the portal operator or portal provider in writing or in text form. There is no minimum term for the user relationship.
Should individual provisions of this contract prove to be invalid or unenforceable in whole or in part or become invalid or unenforceable as a result of changes in legislation after conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected.
The law of the Federal Republic of Germany shall apply.
