The following terms and conditions apply to the relationship between Linkando GmbH (hereinafter “Platform Provider”) and users of the Linkando Internet Platform (hereinafter always “Platform”). Platform Provider makes the Platform available to the user at no charge due to a contractual relationship between Platform Provider and a Platform Customer (hereinafter always “Platform Operator”).
User within the meaning of these terms and conditions are natural persons who access content on the Platform, define their own content on the Platform and take advantage of the features offered.
All services provided by Platform Provider will hereafter be referred to as Services and are based on the contract between Platform Provider and Platform Operator. For the use of the Platform, Platform Provider will not invoice any cost to User. The Platform and its Services are available only after registration.
Within the limits of what is legally allowed, Platform Provider is not liable for any indirect or direct damages resulting from the use of the data and information contained on the Platform. The risk of data loss during transfer lies entirely with User, once data is outside the space controlled by Platform Provider.
2. No Inspection Duties
3. Access Credentials and Passwords
User agrees to truthfully and, when required, completely disclose the information he is asked to provide mandatorily or voluntarily in order to complete the registration process. User further undertakes to provide only data regarding his/her own person and not to provide data of third persons. If case any of the information provided should change, User will update his personal data using the appropriate form.
User agrees to keep all access information and passwords secret and to promptly inform Platform Provider if the user data and / or the user passwords become known to third parties. User assumes full responsibility for all actions made using his credentials and / or passwords, if User is at fault. If User provides credentials and / or passwords to third parties, Platform Provider is entitled to terminate the agreement with User with immediate effect, to cancel the registration of User and to exclude User from further use.
User is responsible for all data stored by himself/herself on the Platform. User agrees not to transmit any content that is against the law (in particular copyright and data protection laws) or third party rights (in particular copyright and privacy rights) or has a violent, abusive or pornographic content.
With the submission of data, User acknowledges a temporally and spatially unlimited, royalty-free usage right to Platform Provider and Platform Operator. Platform Provider is particularly entitled to make the data accessible to the respective Platform Operator.
5. Third Party Rights and Responsibility of User
User indemnifies Platform Provider from all third party claims for entitlements that have been granted because of a culpable violation of their rights, including but not limited to, any copyright, trademark, unfair competition, privacy or other rights, by contents posted by User. This applies to the same extent for any claims made on Platform Provider by local authorities or other public organizations because of content posted by User in culpable violation of the provisions of these terms and conditions.
User agrees to reimburse all expenses incurred by Platform Provider and that arose from the fact that a third party takes action because of the culpable violation of their rights by contents posted by User. Such expenses include but are not limited to the necessary cost of an adequate legal defense.
If any third party raises a claim against Platform Provider for potential infringement of their rights based on contents posted by User, User engages to support Platform Provider to his/her best efforts in its defense against the claims asserted by the third party. In particular, but not limited to, User will provide upon written request by Platform Provider copies of all existing documents relating to the alleged infringement by the contents. Any costs connected therewith shall be borne initially by Platform Provider.
6. Liability of Platform Provider
Platform Provider has unlimited liability for willful misconduct or gross negligence, for all damage caused by Platform Provider and its legal representatives or agents.
Platform Provider has unlimited liability for slight negligence in case of loss of life, limb or health.
Beyond that, Platform Provider is only liable if it has violated an essential contractual obligation (cardinal obligation). In these cases, liability is limited to replacement of the foreseeable, typically occurring damage. Platform Provider excludes any liability for damages irrespective of the party at fault (§ 536a BGB (German Civil Code)) for deficiencies known at the time the contract was concluded. Paragraphs 1 and 2 remain unchanged.
Liability under the Product Liability Act remains unaffected.
8. Term and Termination
The usage agreement can be terminated at any time by User, Platform Operator or Platform Provider by written notice. There is no minimum term for the usage agreement.
9. Final Provisions
Should any provision of this contract prove to be invalid or unenforceable in whole or in part or become invalid or unenforceable due to changes in legislation after conclusion of the contract, the remaining provisions and the validity of the whole thereof shall remain unaffected.
The law of the Federal Republic of Germany applies. The place of jurisdiction is Landau in der Pfalz, Germany.