The aktivbook offer is aimed at people who want to broaden their horizons, make contact with other users and exchange information about everything. The following terms of use regulate the conditions for using the offer of aktivbook.
On the operator's portal, users can access information provided by the operator, among other things. In addition, users have the option of uploading text, images, data, graphics, film sequences, etc. to the operator's portal. The content uploaded by users can be accessed by other users. Users still have the opportunity to chat with other users.
In order to enable a smooth and cultivated coexistence among adults with the most diverse views and attitudes to life, it is essential that the operators of the platform have to demand agreement with certain rules and procedures.
By using the operator's services and clicking the box "I accept the terms and conditions and data protection guidelines" (literally or analogously), the user agrees to the validity of these terms of use. Conflicting terms of use by users will not become part of the contract.
The operator reserves the right to adapt or change the terms of use at any time. If the user does not object to the validity of the new terms of use within four weeks of the change, the changed terms of use are deemed to have been accepted.
The operator provides the aktivbook.com portal on the Internet, which users can use to upload or otherwise enter content. The operator enables, among other things, the retrieval of this content. The contractual service of the provider consists in the successful granting of free access to the platform.
Registration and use of the aktivbook.com portal is free of charge. Simply registering and using the operator's website as part of the basic membership does not incur any costs.
The operator's offer is aimed exclusively at persons of legal age, legal entities and partnerships. Minors are not allowed to register on the operator's website. Aktivbook.com can be used from the age of 12.
The operator does not undertake any fundamental verification of the content uploaded and entered by the users. He can therefore neither guarantee their correctness, appropriateness and quality. Nevertheless, the operator reserves the right to refuse, correct or delete the publication of content and information, including in profiles, at its own discretion and/or to temporarily or permanently block the user's account. This is particularly relevant if the operator becomes aware of a violation of these GTC or legal provisions, false information is discovered or there are other important reasons.
To protect against fakes and dubious offers, the operator reserves the right to check user accounts for authenticity or correctness and to request certain documents, such as verification photos or copies of ID cards from users. Users are free to respond to such a request from the operator. If users do not comply with the request, the operator reserves the right to delete the account.
Users have no right to use the operator's services and/or the publication of content on the operator's portal. In the event of violations of these General Terms and Conditions, legal provisions or if there are other important reasons, for example a disruption to the harmonious cooperation of the users of the portal, the operator can impose a virtual house ban on users, i.e. exclude them from future use of his services.
Members who have been banned from entering the premises are prohibited from registering again in the operator's offers. If house bans are circumvented by registering under a new pseudonym, the account data will be deleted immediately after it becomes known. Legal action will be taken against former banned members who repeatedly try to re-register.
In the event of serious personal attacks, insults, defamation and threats or other criminally relevant behavior, the operator reserves the right to call in the law enforcement authorities. The assessment of a situation that leads to a change, rejection, deletion, blocking or the issuance of a virtual ban is at the discretion of the operator.
Services, functions and content of the platform can be changed, expanded or restricted by the operator at any time. As far as paid options are concerned, the operator will ensure appropriate compensation.
Communication between users, e.g. by e-mail, takes place without the operator's moderators being able to see it. Insofar as there is a legal, judicial or official obligation on the part of the operator, the operator can carry out corresponding research and pass on corresponding evidence to the authorities.
If a user's free account is not used for more than 12 months, it can be deleted by the operator without further notice. In this case, there is no right to the storage or disclosure of data.
In order to use the functions of the platform, the user must register free of charge. Registration requires a valid e-mail address from the user. When registering, users can choose a username and password. You will then receive a personal account (user account). By registering as a member or creating a profile, the member submits an offer to conclude a user contract. There is no right to conclude a contract. With the successful registration the conclusion of the contract is confirmed. The text of the contract is not saved by the operator. Currently, a contract can only be concluded in German.
Es ist nur ein Account pro Person zulässig. Gewerblichen Anbietern ist es gestattet, ein zusätzliches Profil zur rein privaten Nutzung anzulegen. Bei einem Verstoß gegen diese Regelung behält der Betreiber sich die Löschung der Accounts des Nutzers vor.
Gewerbliche Angebote oder Nutzer mit finanziellen Interessen müssen dies im Profil kenntlich machen und den entsprechenden Account-Typ bei der Anmeldung verwenden. Auf Anforderung des Betreibers ist von dem Nutzer der Nachweis über seine Eigenschaft als gewerblicher Nutzer, beispielsweise durch Vorlage seines Gewerbescheins o.ä., zu erbringen. Bei einem Verstoß gegen diese Verpflichtung ist der Betreiber berechtigt, den Account zu löschen.
When registering, users undertake to provide only truthful, complete and up-to-date information about themselves and to meet the minimum requirements for posting content on the operator's website. You will update this information as it changes. If a change to the account is necessary, which the user cannot influence himself, the operator must be informed. If there are justified doubts about the authenticity of the data, the operator can temporarily block the account to protect other members from possible fakes and demand proof of authenticity from the user. If the user does not comply with this request, the operator is entitled to delete the account.
Passwords are used to prevent unauthorized persons from using the website. They must not be passed on to third parties, must be protected against access by third parties and should also be changed at regular intervals for your own safety. The operator will never ask the user for his password. If misuse is suspected, the password must also be changed and the operator informed immediately.
The user is responsible for his own activities, information and content and is obliged to comply with the statutory provisions. This applies in particular to the areas of copyright, trademark protection and the protection of minors. Users guarantee that they have all the necessary rights with regard to the content they have placed in the operator's database, that the use and/or exploitation of this content does not conflict with any third-party rights (e.g. the right to their own image, the right to a name, third-party trademark rights) and that the content posted does not violate the provisions of these General Terms and Conditions or statutory provisions. The member undertakes to prove his ownership of the content at the request of the operator.
All users are obliged to comply with the game rules that can be viewed on the operator's website. This includes, among other things, treating other members with respect and a friendly tone. Each user undertakes not to insult, threaten, provoke or harass other users in any way.
Users undertake to only post content on the operator's website or to transmit it to the operator that is not classified as "prohibited content" in Section 6 of these General Terms and Conditions.
Furthermore, users undertake to call up or use the operator's services exclusively via browsers that are common according to the respective state of the art. Any measures that serve or may serve to impair, circumvent or impede the proper operation of the operator's services are strictly prohibited. This applies in particular to the measures or attacks listed below: XSS, SQL injection, CSRF, phishing, DoS, DDos, brute force, session capturing, automated or script-controlled access and other manual and automatic attacks or interventions in the technical infrastructure the operator's services. The operator will report any violation of this regulation to the relevant law enforcement authorities.
Ultimately, users undertake to indemnify the operator and/or its affiliated companies and its and/or its employees, representatives, shareholders and vicarious agents of its affiliated companies from all claims made by third parties due to the violation of their rights by the user in the content posted on the operator's portal or because of the other use of the operator's services by the user against the operator and/or affiliated companies as well as his and/or employees, representatives, shareholders and vicarious agents of the affiliated companies. Upon first request, the user assumes all costs for the necessary legal defense by the operator, including all court and attorney fees.
With the transmission or uploading of his content (texts, photos, graphics, film sequences, etc.), the user grants the operator the free, simple, spatially and temporally unlimited right of use to use the transmitted content on or via the services described above, modify, perform, make available, reproduce and distribute.
What does that mean for you?
For example, if you upload pictures for your profile, they will be resized ("modified") if necessary and displayed ("reproduced") to visitors to your profile. Any content you post is always yours. Nobody may use your content without your explicit consent - neither commercially nor for studies or anything else.
For reasons of consistency, a subsequent deletion or modification of the user's contributions is not possible. Contributions submitted to competitions cannot be withdrawn after the start of the evaluation phase.
Users are prohibited from misusing the operator's service directly or indirectly for advertising purposes, i.e. distributing telephone numbers, e-mail addresses, links, SMS numbers or other contact options for the purpose of commercial contact with other users. In particular, sending 0190 service numbers or other value-added service numbers to other users is prohibited. Furthermore, it is forbidden to refer to comparable (commercial or non-commercial) service offers on the provider's website for contact purposes. In the event that this agreement is not complied with, a contractual penalty of EUR 6,500 is hereby agreed, which the user must bear in the event of non-compliance.
It is also prohibited to send multiple identical or almost identical messages and the like. to create. The uploading of racist, discriminatory, vulgar, sexist, violent pornographic, immoral or other illegal content is not permitted. All content of this type will be deleted or filtered by the operator without comment.
The databases and other technical devices provided by the operator correspond to the current state of the art. The operator endeavors to ensure the greatest possible availability of the platform. Nevertheless, problems that are beyond the operator's control (force majeure, fault of third parties, etc.) or maintenance work may result in temporary restrictions in the availability of the operator's services. The operator does not guarantee that his website can be accessed or called up at all times and is not liable for downtimes due to necessary care and maintenance work or newly occurring errors, insofar as these were not foreseeable and can also be avoided by a conscientious average programmer.
Furthermore, the operator assumes no liability for the authenticity and storage of the uploaded content. If an account is deleted, changed or blocked due to a violation of the terms of use, there is no right to the surrender of the content and communication data stored with the account.
Any claims for damages against the operator are excluded, regardless of the legal reason, unless the operator, his legal representatives or vicarious agents can be accused of intent or gross negligence. The liability of the operator for damage to life, limb and health as well as liability under the Product Liability Act remains unaffected. In the event of a breach of essential contractual obligations, the operator is liable for any negligence, but only up to the amount of the foreseeable damage.
The above limitations of liability also apply to companies affiliated with the operator and to personal liability of the employees, representatives, shareholders and vicarious agents of the operator and/or the companies affiliated with the operator.
The operator respects the rights of third parties and is therefore interested in preventing the publication of infringing content posted by users. If a user is of the opinion that content violates his rights (e.g. the right to his own image, name rights, trademark rights) or other rights, the operator asks for a detailed notification. The operator will immediately follow up on all serious reports of legal violations and take appropriate legal action. Any misuse will be punished.
All rights (copyrights, trademarks and other industrial property rights) to the database work, the database and the content, data and other elements set are exclusively owned by the operator. Any rights of users to the content they have posted remain unaffected.
Copyright notices or other property rights notices on the operator's website may not be changed.
The contents of the operator's database may under no circumstances be used to set up your own database in any media form or for commercial data exploitation or the provision of information.
The integration or other linking of the database or individual elements of the database with other databases or meta-databases is not permitted.
German law applies exclusively.
In the case of contracts with consumers from abroad, mandatory regulations or the protection granted by judicial law in the respective country of residence remain in place and apply accordingly.
The place of jurisdiction for all claims arising from and based on the use of the operator's services is Trier, Germany, provided the user is a merchant within the meaning of the German Commercial Code. The same applies if the user moves his place of residence abroad after the conclusion of the contract or has no general place of jurisdiction in Germany.
If individual provisions of these terms of use are not legally effective in whole or in part or later lose their legal effectiveness in whole or in part, this does not affect the validity of all parts of these terms of use that are not affected. In place of the ineffective regulation, the statutory provisions come closest to the intended regulation from an economic point of view. The same applies if these terms of use contain loopholes.
