Terms of Use for the Linkando Platform

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.

The terms and conditions apply in their respective current version to all current and future business relationships. Platform Provider reserves the right to modify and / or supplement these terms and conditions with due notice. Should Platform Provider change and / or make additions to the Terms of Use, the revised version of the Agreement will be sent to the email address that was specified by User as part of the portal registration process. If User does not object in writing within two (2) weeks after receipt of the modified and / or amended version of the Terms of Use, Platform Provider will consider this as consent to the validity of the modified Terms and Conditions. Platform Provider will alert User in its message to the consequences of non-objection by User. From the time of entry into force, the amended Terms supersede in their validity all previous versions of the Terms of Use. If User refuses consent to the amended Terms of Use, then the contract will remain unchanged. In this case, Platform Provider is entitled to terminate the contract with immediate effect. Insofar as the provisions of the amended Terms, or the change of Terms are not considered reasonable for User, User is entitled to terminate the contract with immediate effect.

1. Services

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.

By completion of the registration form and consent to the Terms and Conditions, a usage agreement is concluded between Platform Provider and User, including the Terms of Use, Privacy Policy and User’s Consent to the Privacy Policy.

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

Platform Provider has no contractual obligation to review content and information uploaded by the respective Users to the Platform. As a basic principle, Platform Provider will not make any examination of data submitted by Users with regards to content prior to its visibility to Platform Operator. Platform Provider will pursue references with regard to portal content that violates the law or these Terms of Use and will take appropriate measures relating to cessation of the infringement in case the breach of the law or of these terms and conditions is confirmed.

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.

4. Contents

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.

7. Privacy Policy

If User decides to revoke his consent to the privacy policy that was given as part of the registration process, or indicates that he does not accept or revokes his consent to the privacy polices of Platform Provider, the existing usage agreement between User and Platform Provider will thereby automatically end.

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.