Terms of Use
This is a non-binding English translation provided for convenience only.
The German version is legally authoritative and shall prevail in case of discrepancies.
1) Scope
1.1 These Terms of Use of Tobias Langer, operating under “Tobias Langer” (hereinafter “Operator”), apply to the use of the online forum provided by the Operator on the internet (hereinafter “Forum”) by the user.
1.2 Users within the meaning of these Terms of Use are consumers or entrepreneurs who have registered for the Forum.
1.3 A consumer within the meaning of these Terms of Use is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
1.4 An entrepreneur within the meaning of these Terms of Use is a natural person who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Eligibility for Use
2.1 Eligible to use the Forum are natural persons with full legal capacity. Persons without full legal capacity (in particular minors) may only use the Forum with the consent of their legal representative. The Operator reserves the right to make the use of the Forum dependent on the submission of a written declaration of consent from the legal representative. By accepting these Terms of Use, the user confirms that they meet the aforementioned requirements when concluding the usage agreement.
2.2 Only users who have acquired paid access to the online forum via the booking functions provided by the Operator are entitled to use it.
2.3 Each user may only create one user account in the Forum. The right to use the Forum is personal and non-transferable.
3) Registration, Conclusion of Contract
3.1 Registration for the online forum is possible if the user has acquired paid access via the booking options provided by the Operator.
3.2 After successful acquisition of access, the user will receive the necessary information and instructions for registration directly from the Operator.
3.3 The data requested during registration must be provided completely and correctly. The user is obliged to keep this data up to date at all times.
3.4 If the Operator receives sufficient indications or has reason to believe that information provided by the user regarding their identity is incorrect, incomplete, or outdated, the Operator will request the user to correct or complete the information without delay. If the user fails to do so, the Operator will block the user until the request has been fully complied with.
3.5 Users are generally responsible for all activities carried out using their access credentials, insofar as they are responsible for them. The user is responsible for keeping their access data confidential and must ensure that it is not accessible to third parties. The user must inform the Operator immediately if there are indications that their access has been or is being used by unauthorized third parties.
4) Services of the Operator
4.1 The Operator provides an online forum through which users can create user profiles, post and/or retrieve certain content, and communicate with other users using the software provided by the Operator.
4.2 For the use of the Forum, the Operator grants the user access and provides suitable software that remains on the Operator’s server. The Operator does not owe the establishment or maintenance of the data connection between the user’s IT system and the Operator’s server.
4.3 The Forum is offered subject to availability. 100% availability is technically not feasible and therefore cannot be guaranteed by the Operator. However, the Operator endeavors to keep the service as consistently available as possible. Maintenance, security, or capacity issues, as well as events beyond the Operator’s control (e.g., disruptions of public communication networks, power outages), may lead to disruptions or temporary shutdowns of the service. The Operator will carry out maintenance work, as far as possible, during periods of low usage.
4.4 The software used to operate the Forum is updated by the Operator at irregular intervals. Accordingly, the user is granted only a right to use the software in its current version. The user has no claim to a specific condition or feature set of the software.
5) Changes to Services
5.1 The Operator reserves the right to modify the services offered or to provide different services, unless this is unreasonable for the user.
5.2 The Operator further reserves the right to modify or deviate from services offered,
- if required due to a change in legal regulations;
- if necessary to comply with a court ruling or official decision;
- if necessary to close existing security gaps;
- if the change is solely beneficial to the user; or
- if the change is purely technical or procedural and has no significant impact on the user.
5.3 Changes with only minor influence on the functionality of the Forum do not constitute changes to services within the meaning of this clause. This applies in particular to purely graphical changes and the mere rearrangement of functions.
6) Responsibility of the User for Content
Each user is solely responsible for the content of the information they post in the Forum, in particular for its accuracy and legal compliance. The user confirms that the data provided is truthful. The user must ensure that their content does not violate these Terms of Use or applicable law. In particular, the user must fully comply with intellectual property rights (copyright, patent rights, trademark rights, etc.) and ensure that the rights of third parties are not infringed and that no risk arises for the Operator, especially due to claims by third parties.
The following is prohibited in particular:
- publishing copyrighted content without authorization (e.g., photos without consent of the photographer or depicted persons);
- false statements of fact;
- content intended to personally attack or defame other users;
- racist, xenophobic, discriminatory, or insulting content;
- content harmful to minors;
- content glorifying violence;
- links to websites that do not comply with legal requirements or these Terms of Use.
7) Moderation and Restriction of Content
7.1 The Operator is generally not obliged to proactively review user content for legality or compliance. However, the Operator reserves the right to review content on its own initiative and take appropriate action if violations are identified.
7.2 Users and affected third parties may report allegedly unlawful content via the email address provided in the Operator’s legal notice. The Operator may forward the report to the user who posted the content. The identity of the reporting person will only be disclosed if absolutely necessary.
8) Comments
8.1 The Operator allows users to submit comments.
8.2 Users must ensure that all comments are truthful, factual, and not defamatory.
8.3 Any misuse of the comment function is prohibited.
8.4 Comments are not reviewed without specific suspicion and may be inaccurate or misleading.
8.5 If a user believes that a comment about them is inaccurate or unlawful, they may submit a complaint via the email address provided in the legal notice. The complaint must explain why the comment is considered unlawful. The Operator may request a response from the author. If the author refuses to amend or withdraw the comment, the Operator will decide at its discretion whether the comment remains published pending legal clarification.
9) Granting of Rights by the Operator
9.1 The Operator grants the user a non-exclusive right, limited to the duration of the usage agreement, to use the Forum in accordance with these Terms of Use.
9.2 Users are generally prohibited from making Forum content publicly accessible outside the Forum or sharing it with third parties. Users must also ensure that they do not provide third parties with unauthorized access to the Forum.
10) Granting of Rights by the User, Indemnification
10.1 The Operator is entitled to use content and information provided by users for the Forum or to have it used by third parties.
10.2 The user grants the Operator a free, non-exclusive right, limited to the duration of the usage agreement, to store, reproduce, publish, edit, distribute, and make content publicly accessible.
10.3 The user indemnifies the Operator against all claims by third parties arising from user content or usage of the Forum. This includes legal defense costs. This does not apply if the user is not responsible. The user must provide all necessary information to the Operator in case of claims.
11) Sanctions by the Operator
11.1 If a user violates laws or these Terms of Use, the Operator may, without prior notice,
- delete content,
- modify content,
- issue a warning,
- block access temporarily or permanently,
- take other necessary measures.
11.2 Blocked users may not use or re-register for the Forum.
11.3 The Operator reserves the right to take legal action.
12) Liability of the Operator
12.1 The Operator is fully liable for intent, gross negligence, injury to life, body, or health, guarantees, and mandatory liability laws.
12.2 In cases of negligent breach of essential obligations, liability is limited to foreseeable damages.
12.3 Otherwise, liability is excluded.
12.4 These rules also apply to agents and representatives.
13) Term, Termination
13.1 The agreement is concluded for an indefinite period and may be terminated by the user at any time without notice and by the Operator with 14 days’ notice.
13.2 The right to terminate for good cause remains unaffected.
13.3 Termination must be in text form (e.g., email). Users may also terminate by deleting their account.
14) Changes to Terms of Use
14.1 The Operator may change these Terms with user consent.
14.2 Changes without consent are permitted under certain conditions (legal changes, court decisions, technical updates, etc.).
14.3 Users will be informed of significant changes in advance.
14.4 The user’s right to terminate remains unaffected.
15) Applicable Law
German law applies. For consumers, mandatory protections of their country remain unaffected.
16) Place of Jurisdiction
If the user is a merchant or legal entity, the Operator’s place of business is the exclusive place of jurisdiction. Otherwise, the Operator may also choose the user’s location.
17) Alternative Dispute Resolution
The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
This is a non-binding English translation provided for convenience only.
The German version is legally authoritative and shall prevail in case of discrepancies.