The following terms and conditions apply to the use of the community of http://www.8er.org (hereinafter referred to as “Provider”). The use of the community is only permitted if you as a user accept these terms of use.
§ 1 Scope of application
§ 1.1 These Terms of Use apply to all areas of the Provider's website and are issued by the administrator and operator (hereinafter referred to as the “Operator”) named in the legal notice and are binding for all guests and members (hereinafter referred to as “Users”).
Much of the content on the http://www.8er.org platform can be created by users. In detail these are
- Articles, blogs, calendar entries and posts in the forum
- member profiles
- Comments in various places.
§ 1.2 In the following, all of this content is referred to as posts. In order to make interaction with each other as pleasant and smooth as possible, the user shall adhere to the following principles: A polite tone and respect for other users is a matter of course. Before opening a new topic in the forum, the search function should be used to find similar, already existing topics. The title of a post should be well thought out and describe the problem precisely. Solid spelling, punctuation and consistent capitalization and punctuation increase the readability of a text immensely. By registering, users explicitly undertake to comply with these terms of use and implement our netiquette accordingly.
§ 2 Registration, conclusion of contract and subject matter
§ 2.1 A member account - a so-called account (hereinafter referred to as “account”) - is required to post articles and use the Community. A valid e-mail address is a prerequisite for an account. There are no costs associated with the creation and use of an account. Each user may only have one account. So-called double accounts are not permitted and will be deleted without consultation. The user must treat his login combination consisting of user name / e-mail address and password confidentially and not pass it on to third parties.
§ 2.2 The prerequisite for using the Community is registration via the corresponding registration form. After registration via the registration form, the user account is activated at the discretion of the site operator or a moderator appointed for this purpose. He expressly reserves the right not to activate user accounts without giving reasons. Only when your account is activated does the free user contract come into effect (conclusion of contract).
§ 2.3 The subject matter of the contract is the free use of the functions of the Community as an online communication platform. For this purpose, you as a user will be provided with an “account” with which you can use the Community functions.
§ 2.4 In principle, there is no legal entitlement to activation or participation in the Community. The unrestricted domiciliary rights of the operator apply.
§ 2.5 Your forum account may only be used by you. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses, e-mail addresses and insulting or offensive terms as a user name (nickname) is not permitted. A user name deliberately chosen in such a way that it could lead to confusion with other users is not permitted. The user name must have at least 3 characters and may be a maximum of 30 characters long.
§ 2.6 The Provider shall endeavor to offer the Service for retrieval with as few interruptions as possible. Even with all due care, downtimes cannot be ruled out in which the web server cannot be accessed via the Internet due to technical or other problems that are beyond the control of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that 100% availability of the website is technically impossible.
§ 2.7 The Provider reserves the right to change and expand the content and structure of the Platform and the associated user interfaces if this does not or only insignificantly impair the fulfillment of the purpose of the contract concluded with the User. The Provider shall inform the Users of the changes accordingly.
§ 2.8 The purpose of the Community is an “exchange of opinions” aimed at BMW 8 Series fans. Therefore, peaceful and respectful interaction without insulting hostility should be maintained among the users.
§ 3 Obligations as a user
§ 3.1 As a user, you undertake that you will not publish any contributions that violate these Terms of Use, morality or any other applicable law. In particular, you are prohibited from
- publish offensive or untrue content
- to send spam to other users via the system
- using content protected by law, in particular by copyright and trademark law, without authorization
- to carry out anti-competitive activities
- to post your content more than once (prohibition of double posting)
- publish third-party press articles without the consent of the author or reference to the source
- to advertise without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, linking to your own homepage with or without text in the signature or within posts. Homepage URLs and address or contact details may only be published in your own user profile.
- Statements that violate applicable law
- infringe the rights of third parties or incite crime
- Pornography, discriminatory or right-wing extremist statements
- References (“links”) to illegal sites
§ 3.2 As a user, you undertake to check your posts and topics before publishing them to see whether they contain information that you do not wish to publish. Your contributions and topics may be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
§ 3.3 In the event of a breach, in particular of the aforementioned rules § 3 para. 1 and 2, the provider may also impose the following sanctions on the user, irrespective of termination:
- Deletion or modification of content posted by the user,
- issuing a warning or
- blocking access to the Community.
- Blocking / deletion of the account
§ 3.4 The Provider is also entitled to block your access to the online platform if there is reasonable suspicion that you have violated these Terms of Use. You can avert these measures if you dispel the suspicion by providing suitable evidence at your own expense.
§ 3.5 If third parties or other users assert claims against the Provider due to possible legal violations that a) result from the content posted by you as a user and/or b) result from the use of the Provider's services by you as a user, you as a user undertake to indemnify the Provider against any claims, including claims for damages, and to reimburse the Provider for the costs incurred by the Provider due to the possible legal violation. In particular, the provider shall be indemnified against the costs of any necessary legal defense. The provider is entitled to demand a reasonable advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as the user are not responsible for the possible infringement, the aforementioned obligations do not apply.
§ 4 Transfer of rights of use
§ 4.1 The copyright for your topics and contributions, insofar as they are copyrightable, remains with you as the user. However, by posting a topic or contribution, you grant the provider the right to keep the topic or contribution permanently available on its websites. In addition, the provider has the right to delete, edit, move or close your topics and posts. As a user, you have no claim against the provider for deletion or correction of the content you have published, unless this violates your personal rights.
§ 4.2 The aforementioned rights of use shall remain in force even if the forum account is terminated.
§ 4.3 You also accept that posts can no longer be edited after a certain period of time, as otherwise they may be taken out of the context of other posts or the content may be subsequently manipulated in the event of disputes or legal claims.
§ 5 Limitation of liability
§ 5.1 The provider of the community assumes no liability for the content posted, in particular not for its accuracy, completeness and topicality.
§ 5.2 The provider is liable for intent and gross negligence as well as for breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider is liable, limited to compensation for damages foreseeable at the time of conclusion of the contract and typical for this type of contract, for damages resulting from a slightly negligent breach of essential contractual obligations by the provider or one of its legal representatives or vicarious agents. The provider shall not be liable for slightly negligent breaches of secondary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or assurance given by the provider as well as liability for claims based on the Product Liability Act and damages resulting from injury to life, limb or health shall remain unaffected by this.
§ 6 Data protection
§ 6.1 All personal data entered by the user is provided voluntarily and is treated confidentially by the provider and in particular is not passed on to third parties. The user's IP address is saved each time the user logs into the Community. The stored IP addresses are not publicly accessible and can only be viewed by the operator. In order to improve the functionality of the community, so-called cookies are stored on the user's computer. If desired, the user name and the associated password can also be stored in a cookie - in encrypted form - in order to simplify the login process. All of a user's personal data can be deleted at any time on request. Users' passwords are stored in encrypted form and cannot be viewed by the operator in plain text.
§ 6.2 The user has read and accepted the data protection information in the forum.
§ 7. domiciliary rights
§ 7.1 The operator has the (virtual) domiciliary rights on this community. The operator reserves the right to temporarily or permanently exclude the user from using the community and to block or delete his/her account in the event of violations of the terms of use after a single warning. After exclusion from the Community, the user may not create a new account. In justified individual cases, the operator may refrain from applying this rule after a certain period of time. The operator reserves the right to edit, move or delete the user's contributions without giving further reasons and/or consultation. The user is not entitled to retain a specific post on the Community.
§ 8 E-mail notifications / newsletter
§ 8.1 By becoming a member of the Community, the user agrees to be informed of important information by e-mail. If desired, the user can order a newsletter and receive automated system notifications. The user can change these settings at any time in the control center.
§ 9 Conversations
§ 9.1 Messages (hereinafter referred to as “Conversations”) that users exchange with each other via the “Conversations” function may not be published or made accessible to third parties. The “Conversations” functions may not be misused for advertising purposes (“spam”). In justified cases, the message history may be viewed by the operator.
§ 10 Activity points
§ 10.1 Users receive points for some actions within the community. These points are used to measure the activity of a user. The personal score does not lead to advantages or disadvantages for the user. As a certain level of experience is required for some community functions (e.g. writing an article), these are only available to users with a certain minimum number of points. Contributions that are only written for the purpose of obtaining community points are not permitted and are usually deleted immediately. The respective author can be temporarily or permanently excluded from using the community after a single warning.
§ 11 Evaluation functions (reactions)
§ 11.1 Posts in the forum can be rated by other users. This system serves to reward high-quality and particularly helpful contributions. Ratings that do not relate solely to the quality of a post but are directed against its author for personal reasons are not permitted and will generally be deleted immediately. In such a case, the reviewer can be temporarily or permanently excluded from using the community after a single warning. Rating agreements between users are not permitted.
§ 12 Moderators
§ 12.1 Moderators are users with extended user rights. These extended rights include editing, moving or deleting posts and the temporary blocking of users. No prior consultation with the users concerned is required for these actions. Moderators can fully represent the operator at any time if they are absent. Moderators are appointed by the operator. Moderators are solely accountable to the operator for their actions. A moderator can remove their moderator status at any time and be downgraded back to a normal user.
§ 13 Contact persons
§ 13.1 The operator and the moderators are the first point of contact for questions about the community in general and/or in particular. The operator can be reached via the contact form Contact - International 8er Community. The current team list of the Community can be viewed via the menu item “Team” in the Community menu list.
§ 14 Web links
§ 14.1 Despite careful control of the content, no liability is assumed for the content of external websites to which reference is made via web links. The operators of the linked websites are solely responsible for their content. The user is prohibited from setting web links that refer to websites with illegal, pornographic, immoral or right-wing extremist content or that lead to websites that spread viruses, Trojan horses, dialers or other malicious software. The user is not permitted to distribute web links to so-called thief games or web links with “referrer IDs”. It is expressly desired to set web links to our community. Various banners can be used for this purpose, which are listed in the FAQ or can be requested from the operator.
§ 15 Term / Termination of the agreement
§ 15.1 This agreement is concluded for an indefinite period.
§ 15.2 Both parties may terminate this agreement without notice.
§ 15.3 The Provider is entitled to block the User's access after termination of this forum usage agreement. The provider is entitled but not obliged to delete the content created by you as a user in the event of termination. A claim by you as a user to the transfer of the content created is excluded.
§ 16 Amendment of the terms of use
§ 16.1 The Operator reserves the right to amend or supplement the Terms of Use at any time. The user will be notified of changes and additions to the Terms of Use by email or directly in the Community before they come into force. The Terms of Use shall be deemed to have been accepted if they are actively approved or if no objection is raised within a previously set and communicated period. If the user objects to the terms of use or their amendments and additions within the specified period, further use of the Community is not possible.
§ 17. severability clause
§ 17.1 Should individual provisions of these Terms of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
