1.2. Vogel reserves the right to change the conditions of participation at any time. Furthermore, we reserve the right to terminate or interrupt the raffle or raffle at any time for cause without prior notice. This applies in particular to such reasons as would disrupt or prevent a planned course of the raffle or the raffle.
2. Registration, revocation
2.1. The user has to provide only truthful information during registration and has to keep this information up-to-date. Updates can be made by the user himself in his user account. The user is advised that legal declarations under this contract of use can also be sent to him by e-mail (see, for example, section 7), which is why he must keep his e-mail address up to date in particular.
2.2. The registration is confirmed to the user of Vogel to the e-mail address specified by him, whereby the use agreement comes about. The user can revoke this contract of use within two weeks after receipt of the confirmation e-mail without giving reasons via our contact form. To meet the deadline, the timely submission of the form is sufficient. The right of withdrawal expires gem. § 312d (3) BGB, if Vogel begins providing the service with the express consent of the user before the expiry of the withdrawal period. This is the case if the user activates his account with the link provided in the confirmation e-mail before the end of the two-week revocation period. In any case, the user is entitled to terminate the user contract at any time (see section 7). Incidentally, participation in the services is free.
2.3. In the case of cancellation at Vogel, the user has nothing further to do, Vogel will confirm the withdrawal by e-mail, lock the user account concerned and block or delete the data provided by the user.
3. Subject of performance
3.1. Upon registration, a so-called user account is created for the user, for which he can unlock himself with the user name and password specified in the confirmation e-mail (so-called log-in). In the user account the user can view and change his registration data. He also receives the indicated services for which he has registered and can view, print or download the terms and conditions accepted by him or his consent form.
3.2. By the activation of the user account, the user will also be activated for the services ordered by him as part of the registration. In the future, he will be able to register with his login data for further services currently offered by Vogel on the Internet. Insofar as the registration is subject to additional conditions, the user is explicitly informed prior to registration. He can then decide not to sign up for this service. The registered user receives the editorial newsletter as a service for his registration. He can cancel this service with each newsletter via the "unsubscribe" link.
3.3. With the access, the user is not entitled to certain services; he only has the opportunity to sign up for the services offered. In addition, Vogel is entitled to modify services for which the user is logged on to the extent reasonable, as this means a further development of the service or technical (for example, to increase the availability of the service) or legally required.
3.4. The user is aware that contents that are provided with a foreign company name or logo come from this company and not from Vogel. Vogel only grants access to this content. The same applies to posts that are recognizably from another user (for example, opinions of a user in the chat). Vogel is not responsible for these contents and does not adopt these contents. If the user believes that his rights are violated by such content, he has the option to inform Vogel of it at the contact form. If there is a reasonable suspicion of an infringement, Vogel will block the content and ask the author to comment. The user will not misuse this right.
3.5. Vogel guarantees an availability of the Internet pages and thus the services of 95% in relation to the month. Not included in this period shall be reasonable interruptions required for the maintenance of the system and an interruption due to force majeure or unavoidable causes. Availability is understood as the ratio of actual time (IZ) to set time (SZ). The availability (in%) is then calculated as follows: IZ / SZ * 100.
4. Obligations of the user, User rights
4.1. The user will not pass on his password and account to third parties and will protect the access by third parties. The user is liable for any indebted uses of his account.
4.2. The user may use the provided services only for his own information purposes. For this he is allowed to print the information made available to him and - as far as the possibility of saving offers by Vogel – to save once on his computer. Any further duplication, distribution or use of the information is not permitted. In particular, the user is prohibited from disclosing the content to third parties or using it for any other purpose outside the purpose of the information, e.g. as part of a separate own offer. Furthermore, the user may not edit, modify or translate the content offered or, for example, remove copyright notices. All rights reserved Vogel or the respective author.
4.3. The user is obligated to respect the rights of third parties, including the rights of Vogel. It is therefore not permitted in particular to:
- a) use the information contained in the services (eg contact data) or the communication services provided (eg chat) for advertising purposes
- b) send or post data which, according to their nature , condition, size or number are capable of damaging, blocking or spying on the operation of the data center or the data network of Vogel or computers of other third parties (eg by viruses, Trojans, spam e-mails)
- c) in connection with the use of the services to perform actions or distribute content that infringe rights of third parties (eg copyrights, trademarks, personal rights) or violate applicable statutory provisions, in particular against the applicable criminal laws, child protection provisions or competition law.
5. Posting of content by users (so-called contributors), rights of use, Obligations
5.1. The contributor irrevocably grants Vogel the right to use and publish in all currently known - and as far as permissible - future ones in respect of all contributions produced on behalf of the publisher or on his own initiative from the time of the right to copyright , currently unknown medial forms. The grant includes the right of Vogel to use the rights in Germany and abroad in physical form and publicly reproduce them in an intangible form:
- a) to store and copy content, by all known and future developed means and in all forms, such as paper , electronic, magnetic, optical or digital, on servers, audio / visual recordings, TV broadcasts, floppy disks, magnetic tapes, hard disks, RAM, ROM, CD, CDI, DVD and other derivatives of the CD / DVD format, electronic books and e-papers and white paper offers, audiobooks, web and podcasts, etc.
- b) the collection of the contents in own and foreign databases, in particular for the free search and download possibility for third parties,
- c) the public reproduction in online services (eg telecom and media services), internet, film, broadcast, telecommunications, mobile, broadband and data networks and television, regardless of the end device
- d) The rights of reproduction, distribution, making available and the right to send also extend to the printing in own or foreign periodical or non - periodical publications of all kinds, including pre - printing, reprinting and publication in special publications (also for advertising purposes) regardless of the number of copies.
5.2. Vogel is granted the right to edit, in particular to shorten, to make deletions, to translate and to remodel, and to create works derived therefrom, while preserving the moral rights of the contributor.
5.3. Vogel is entitled to use the contribution or content or parts thereof in the promotion of the Company's offer.
5.4. The contributor grants Vogel the right to have the rights specified in the preceding figures also used by third parties under transfer of the corresponding rights of use in Germany and abroad. This applies in particular to the use of the contribution in publications of other publishers of the Vogel Communications Group.
5.5. The contributor grantees the use of the content does not violate any legal or third party rights, that he may freely dispose of the rights granted to Vogel and has not made or will dispose of any other use of these rights. The contributor indemnifies Vogel against third-party claims.
5.6. The possibility for the contributor to recall the right to use his contributions, unless Vogel publishes them or otherwise has not made use of them, is excluded for a period of three months.
5.7. The contributor undertakes to observe the journalistic duty of care. He guarantees that the contents are based on a thorough research and that he has duly determined the information, technical data and measurement results. The Contributor indemnifies Vogel against any third-party claims resulting from a breach of these obligations.
5.8. The contributor assures:
- a) that he holds the necessary licenses, rights, authorizations and authorizations to use and authorize Vogel to use all patents, trademarks, trade secrets, copyrights and other proprietary rights in all submitted content, or to have the disposal thereof assure acceptance and use by Vogel of such submissions in the manner contemplated by Vogel and these Terms and Conditions
- b) The Contributor also warrants that he has the written approval, clearance or authorization of each and every identifiable person to accept and use of these feeds in the manner contemplated by Vogel and these Terms and Conditions.
- c) This warranty covers, in particular, the handling of video or video content.
5.9. In the context of compliance with the mentioned regulations the contributor agrees that he / she does not:
- a) send material that is protected by copyright, trade secret or other third-party property rights, including private and public rights. Unless he is the holder of such rights or has the permission of the lawful owner to publish the material and transfer all rights to bird referred to in this article.
- b) publish any falsehood or misrepresentation that could harm Vogel or any third party We reserve the right to sort out or not post entries without prior notice.
5.10. The contributor has no right of compensation, remuneration or other benefits in relation to the content published by him. The consideration that the contributor receives for submitting content to our site is the advertisement that receives the contents of the contributor.
6. Blocking / deletion of content; Indemnification by the user
6.1. If Vogel is informed by a third party that a content violates the rights of third parties or is otherwise unlawful, Vogel is entitled to block this content. If this is a content posted by the user, Vogel will immediately inform the user of the suspension and give him the opportunity to refute the allegations.
6.2. In the event that Vogel is claimed by a third party, court or public authority for culpable behavior of the user, in particular culpable violation of the obligations referred to in Section 4, the User undertakes to exempt Vogel from any claims and costs of legal defense take over. Vogel will inform the user immediately about the assertion of corresponding claims. The user will support Vogel as much as possible in warding off these claims. If the user does not comply with this obligation within a reasonable time limit to be set by Vogel, Vogel is entitled to carry out the attack of the third party at its own discretion, taking into account the factual and legal situation for Vogel. The costs of this settlement are borne by the user, even in the event that the settlement subsequently proves to be detrimental due to information not provided by the user.
7. Liability of Vogel
7.1. Vogel shall only be liable for intent and gross negligence as well as for breach of an essential contractual obligation (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, Vogel's liability shall be limited to damages foreseeable and typical for the contract at the time of conclusion of the contract. Vogel shall not be liable for slightly negligent breach of ancillary obligations which are not cardinal obligations. In cases of initial impossibility, Vogel shall only be liable if the impediment to performance was known or if the ignorance is based on gross negligence, unless this is a cardinal obligation.
7.2. The above exclusions of liability shall not apply in the event of fraudulent concealment of defects or assumption of a quality guarantee, for liability for claims based on the Product Liability Act and for bodily injury (life, body, health).
7.3. Insofar as Vogel's liability is excluded or limited, this shall also apply to the personal liability of Vogel's employees, workers, staff, representatives and vicarious agents.
7.4. With the exception of claims arising from unlawful acts, the user's claims for damages for which liability is limited in accordance with this clause shall become statute-barred after one year, calculated from the beginning of the statutory limitation period.
7.5. Vogel assumes no liability for content and rights for contributions, products or images entered into the electronic company database by third parties.
8. Period of validity
8.1. This user contract runs for an indefinite period. It can be terminated by the user at any time without notice, by Vogel with a notice period of two weeks via the contact form. Partial terminations of certain services used by the user are possible, in case of doubt only the service specified in the termination is terminated, not the user relationship as a whole. In addition, the user may terminate individual partial services (e.g. e-mail) at any time by unsubscribing from his user account.
9. Data protection
9.1. Vogel is entitled to store and process the user's personal data for the purposes of the user contract.
The following participation conditions apply to temporarily announced sweepstakes, unless otherwise stated: Participation in the sweepstakes is free of charge. Eligible to participate are persons residing in Germany, Switzerland and Austria who are at least 18 years old at the time of participation. Vogel employees and other persons involved in the conception and implementation of this competition are excluded from participation. The participant in the competition is the person who owns the e-mail address provided when registering for the newsletter. Among all orders, the lottery ticket will be chosen at random. Only one prize per participant is possible. The winners will be notified by Vogel in writing. If a winner does not confirm the prize to Vogel in text form (by letter, fax, e-mail) within 21 days of being notified by Vogel, the claim to the prize shall lapse and a substitute winner shall be drawn according to the same procedure. The winner will be expressly reminded of this requirement in the notification of the prize.
It is not possible to cash out the material assets or exchange the prizes. Legal recourse is excluded.
11. applicable law
The law of the Federal Republic of Germany applies.