PUBLIXPHERE | Terms of service

Preamble

The website Publixphere.net is being operated by the association Publixphere e.V., represented by its board of directors consisting of Dr. Mayte Peters, Prof. Dr. Christian Calliess and Dr. Max Odefey, Fidicinstraße 30, 10965 Berlin, Germany (in the following referred to as “Publixphere”).

As a registered user on Publixphere.net you may comment and review contributions as well as start own discussions. The registration process includes the closure of a usage agreement for which the following terms apply:

 

§ 1 Registration

(1) In order to use all functions of Publixphere you must register on Publixphere.net. Registration is free. In doing so you create a user account.

(2) Registration requires the entering of a user name and the provision of an existing email address as well as the repeated submission of any chosen password. In addition, you must agree to these terms of use as well as to the data protection statement.

(3) The user name may be your real name or a freely chosen pseudonym. It may however only consist of one word. Empty spaces cannot be incorporated into the user name for technical reasons (§1(6) explains however how you may change this later on). If you decide to provide a pseudonym, please note that in particular offensive, deceptive or provocative pseudonyms are not allowed and may be deleted without further notice.

(4) Please choose a combination of letters and numbers for your password that is as safe as possible. It is to be protected from the access of third parties. In case of unauthorized use through other people you may be held liable until you have requested Publixphere to block the account. This liability does not apply to actions for guiltless actions on your behalf.

(5) Publixphere will send an activation link to the email address you provided, using which you can complete the registration process.

(6) The provision of further user data or the provision of a profile picture are optional. You have the possibility, for instance, to change your user name and then also use spaces. In case you provide further details, these must reflect the truth and be kept up-to-date. The profile picture you use has to be free from third parties’ rights. You may specifically not upload profile picture that breach criminal law, copyright or personality rights.

(7) You may only register one account per email address.

(8) In order to register on Publixphere.net you must be 18 years of age or older. Between the ages of 16 and 18 you may only use the offer under the supervision of a parent or guardian.

§ 2 Closure of the agreement

By sending us the completed registration formula you are transmitting to Publixphere an offer for the closure of a user agreement. Publixphere accepts this offer by sending you an email with an activation link, using the email address you provided during the registration process. The agreement is validated by the sending of the email to you. Publixphere reserves the right to terminate this agreement at any time.

 

§ 3 Content of the agreement

As a registered user on Publixphere.net you have the option of creating and curating your own profile, to comment and evaluate contributions of others as well as start own discussions.

 

§ 4 No claim to the availability of Publixphere.net

A claim on the availability and accessibility of the Publixphere-functions does not exist.

 

§ Sufficient rights to content and comments

(1) You are responsible for having sufficient rights to specific content of your comments to be able to publish them on Publixphere.net. Furthermore, you guarantee that these comments are free of rights of third parties and that no rights of third parties are violated through your published comments.

(2) Publixphere in this respect points out that comments may not include content that are subject to third parties’ copyright or to which third parties hold any other right that stands counter to the publishing on Publixphere.net.

(3) Regarding content that you publish on Publixphere.net, you grant Publixphere the specific, temporally and geographically unlimited rights to use this content in a manner that is necessary to fulfill the user agreement. In order to be able to provide you with the functions on Publixphere.de, content (such as pictures of text) must be duplicated, saved on the servers used by Publixphere and made accessible to other users and the public. You guarantee that the content provided by you is free from the rights of third parties.

 

§ 6 Content of user comments

(1) The comments composed and published by you contain your opinion. They do not reflect the opinion of Publixphere. You have the option to edit your comments at any time.

(2) You will not publish comments that infringe legal provisions, particularly not those infringing copyright law, trademark law, criminal law, name rights /the right to bear name or personality rights. Comments are forbidden if they represent pornographic writings in the sense of criminal law, invoke criminal acts, contain dishonorable or sexist statements, are endangering youth, discriminatory, racist or inhuman, insulting to persons or otherwise unlawful or immoral.

(3) You will not publish content containing advertising content or such whose only purpose it is to generate backlinks.

(4) In the user comments you will not use obscene or vulgar language.

(5) Publixphere aims to promote inter-cultural dialogue. When you publish content please be aware of social and moral norms as well as laws being different for users from other countries. Please respect diversity and be tolerant.

(6) Publixphere reserves the right to delete comments without specification of reasons.

 

§ 7 Exemption

In case that Publixphere is subject of demands by third parties because you have culpably violated these terms of use, you exempt Publixphere from any kind of liability and any kinds of costs and damages, including possible process and legal counsel costs. Publixphere will inform you immediately about the claims and will, in so far as this is legally necessary and/or possible, give you the chance to defend yourself against the claims asserted against you. Any other claims of Publixphere remain untouched.

 

§ 8 Liability

(1) Publixphere is liable only for damage that was caused purposefully or through gross negligence. In case of harm caused only through negligence of core contractual obligations liability is – in so far as the harm does not apply to life, body or health – limited to those damages that must be typically and foreseeably expected to occur in the scope of the provision of services such as the respective provision of services that is subject to agreement. Integral contractual duties are such duties that are necessary for fulfilling the proper functioning of the contract in the first place, and upon the adherence to which you may regularly trust, and the breaching of which on the other hand endangers the attainment of the contractual goal.

(2) If liability is excluded or limited, this applies also to the legal representatives, employees and assignees of Publixphere.

 

§ 9 Data Protection

Publixphere takes the protection of your data very seriously and refers to its data protection statement in this regard.

§ 10 Links to sites of third parties

Publixphere is not responsible for the content of pages that are linked to on Publixphere.net. Neither does it adopt these pages’ contents as its own.

§ 11 Further provisions

(1) These terms of use, as well as the further data related to this user relationship are saved by Publixphere  after this agreement is closed. These terms of use are made available in German and English. They may be accessed in their current form under Publixphere.net.

(2) Should individual provisions of these terms of service be entirely or partially ineffective, this does not touch the effectiveness of the other provisions.

(3) The law of the Federal Republic of Germany applies.