TERMS OF USE GOVERNING THE USE OF THE WEBSITE www.berlintxl.de (INCLUDING THE COMMENT FUNCTION)

The website www.berlintxl.de provides information and data as well as information from other websites via hyperlinks for informational purposes. Comments can be added to some of this information. These terms of use govern the corresponding use of the website and the resources offered on it.

1. Requirements for use

To be able to access the website, you only need a working Internet connection. Commenting on individual pieces of information requires registration, which involves setting up an account.

2. Registration

2.1 Users who would like to set up an account must provide the information requested in the registration form (e-mail address, user name, password) completely and truthfully. They will then receive a confirmation e-mail that contains a confirmation link. Clicking on this link will take them to an account confirmation page with a message indicating that the registration was successful. They will then be able to log in.

2.2 We may reject a registration without stating a reason why; in this case, the data transmitted in the registration form will be deleted.

2.3 In order to complete the registration, you must accept the terms of use as binding, which you will be prompted to do (user agreement).

3. Availability

3.1 We may modify, update, suspend, and temporarily or permanently shut down our website and the information offered on it at any time without notice. The use of the website and the information contained on it requires an Internet connection, for which you are responsible.

4. Copyright and trademark rights

4.1 The information published on the website – that is, in particular, text, photographs, illustrations, videos, and other content – is subject to German copyright protection and may only be used by you for your own personal purposes. You are not permitted to allow their use by a third party. If website content is provided via hyperlinks, the link may not be included if the site it links to offers discriminatory, racist, or pornographic content; content that promotes violence; and/or content that is otherwise legally prohibited.

4.2 The provisions of paragraph 4.1 apply analogously for our trademark rights, particularly BerlinTXL and TXL.

4.3 If use has been granted under these terms of use, a copyright and/or trademark owner notice must be included.

5. User obligations

5.1 When you set up an account, which may only be used by you, you must provide all requested personal data (in particular, your e-mail address) completely and accurately. Accounts set up by others may only be used with their consent. In particular, users are not permitted to pretend to be someone else when they create a user name; to create a user name that is insulting, vulgar, illegal, or protected by a brand or other trademark right; or to give their access details to third parties.

5.2 They are responsible for all activities that are carried out using their account information. This also applies if their user name is used by a third party. The access details must be protected against access by third parties. If you suspect that third parties have become aware of your access details, you must change the access details immediately and inform us of this.

5.3 Your personal information must be kept up to date.

5.4 You must use the application in such a way that our website is not overloaded. Our security measures may not be modified for this purpose. We must not be exposed to electronic attacks (in particular, viruses, Trojans, hacking attempts, or brute-force attacks). The use of computer programs for automatically reading data (e.g. crawlers or robots) is also prohibited.

6. Comment function

6.1 You must be registered in order to use the comment function (see paragraph 2). After you register, you must log in using the data stored there (e-mail address, password). You can then write a comment.

6.2 You can comment on the content and comments on our website in various places. You grant us a basic nonexclusive right, not restricted by time or place, to publish and use the content of these comments on our site and on the websites of our partners. In addition, you grant us the right to edit, shorten, and, in particular, remove content that infringes on rights from individual comments. The grant of such rights extends to the use of the comments in print publications as well as the right to sublicense the comments in the framework of these usage rights to third parties.

6.3 By consenting to these usage rights, you expressly declare that we have the right to use the comments, that the comments made by you do not violate these terms of use or applicable law, and that they do not violate the rights of third parties (in particular, copyright and personality rights). In particular, you may not, for example, make false assertions about third parties or use racist, pornographic, xenophobic, discriminatory, or insulting content, or content that promotes violence.

6.4 Any form of commercial use of the comment section, in particular for advertising purposes, whether for yourself or for third parties is prohibited.

6.5 Hyperlinks may only be included in the comment within the framework of permitted content pursuant to paragraph 6.

6.6 We carry out an editorial review of the comments that you write. The comments are only approved after they have been reviewed by us during business hours on Monday to Friday from 9 a.m. to 6 p.m. As soon as we become aware of a violation of the terms of use or a legal violation, whether as part of the editorial review or, following approval of the comment, from a third party, we reserve the right to delete such comments immediately and without separate notice and to provide the holder of the right with your contact information.

6.7 You also undertake to release us from all claims by third parties as a result of violations committed by you in the comment section. This release includes the costs incurred by us for our legal defense and applies on first request. Any further claims remain unaffected.

7. User liability

7.1 A breach of the user obligations or other third-party rights may result in the immediate deletion of your account. We have sole discretion regarding such deletion; the mere suspicion of a breach shall suffice. Once a user’s account has been deleted, the individual may not register again. 

8. Liability conditions

8.1 If there are no provisions to the contrary, the legal liability rules shall apply.

8.2 The website and its content are provided as is with any defects they may contain. We assume no warranty or guarantee for the completeness, security, quality, accuracy, accessibility, and/or reliability of the website and its content. The use of the website and its content is at your own risk, and in particular, we shall not compensate any damages that result from your trust in the completeness, security, quality, accuracy, accessibility, and/or reliability of the website and its content.

8.3 We strive to keep the website functioning without any errors to the greatest extent possible. However, we cannot guarantee that it will be available and accessible at all times.

8.4 The limitation of liability shall not apply if the damage incurred by you is the result of intentional or gross negligence caused by us. The same shall apply for injury to life, body, or health. In the event of simple negligence, we shall only be liable in the event of a violation of a contractual obligation. Liability pursuant to the German Product Liability Act (ProdHaftG) for fraudulently concealed defects or liability assumed in the framework of a guarantee that has been provided shall remain unaffected.

9. Data protection

9.1 You confirm that you have read and understood our data privacy statement.

11. Cancellation/deletion of the account

11.1 The account may be canceled/deleted at any time. To do so, you must access your profile via the profile link in the footer. You will see a “Delete profile” button below the form fields, which you can use to delete your profile.

11.2 Your comments will remain visible even after the account is canceled and deleted. The usage rights that have been granted remain unaffected by cancellation.

12. Miscellaneous

12.1 We reserve the right to modify these terms of use at any time without providing a reason. In this case, we will immediately inform you of the modification of the general terms of use that were in effect when you registered and make use of the continuance of the resulting user agreement contingent on your consent to the terms of use. If you do not agree with the modified terms of use, we will terminate the user agreement.

12.2 The place of performance is Berlin.

12.3 If one or more of the provisions of these terms of use are or become invalid, this shall not affect the validity of the other provisions.

Updated: January 2016

Tegel Projekt GmbH Lietzenburger Straße 107 D-10707 Berlin Phone: +49 30 5770 47 00 e-mail: info@berlintxl.de