General terms and conditions
The ROTWILD Community is a platform for online customer dialogue to support those who may have questions regarding ROTWILD products. It also enables discussion regarding topics related to products or cycling.
1. APPLICATION, CHANGES TO THE T&CS
1.1 Use of the website www.rotwild.com (hereinafter referred to as the "Platform", including community functions such as forums, news blogs and collaborations is provided by
ADP Engineering GmbH
Am Bauhof 5
(hereinafter referred to as the "Platform Operator").
1.2 "Users" are those users registered on the Platform www.rotwild.com.
1.3 Using the Platform and participating in the community are subject to these Terms and Conditions regarding Use and Participation. Any Terms and Conditions which are to the contrary or deviate from these T&Cs and any supplementary or restricting provisions on your part expressly do not apply.
1.4 The Platform Operator reserves the right to change these T&Cs with effect for the future. Users will be informed of the changes via E-Mail and must accept these changes in order to continue to use the Platform.
1.5 Supplementary special Terms and Conditions of Participation may apply for any additional functions of the service.
2. PARTICIPATION ENTITLEMENT, REQUIREMENTS, LEGAL ACTS
2.1 Participation is free of charge.
2.2 Prior registration is required to become a member of the community. Upon registration the User is deemed to have accepted the T&Cs of the Platform. As a result of this acceptance the User is deemed to warrant that they will not create any contributions which infringe these T&Cs. The User is obligated to truthfully provide the information required in the compulsory fields during registration and to always keep the information in their user account up to date and accurate. All compulsory fields must be completed in full. Each User may only create one user account. User accounts are not transferable. Users may only access or use the services with their own user account; using the account of a third party is not permitted. A password must be chosen when registering. The confidentiality of this password is the sole responsibility of the User. Passwords must not be provided to third parties. If the User suspects that their user account is being used without authorisation they must immediately inform the Platform Operator of this by email to communityrotwildde. The Platform Operator shall not be liable for losses resulting from the unauthorised use of password protected log ins by third parties.
2.3 Unless expressly regulated to the contrary, natural persons having full legal capacity, companies and firms as well as teenagers from 14 years old provided they have the required consent of their statutory representative are entitled to participate. The service is expressly not aimed at children and teenagers under this age. On registration the User is deemed to have warranted that they are entitled to participate in accordance with the aforementioned requirements for participation.
2.4 There is no right to registration. The Platform Operator is entitled to refuse to allow admission to use the service without providing reasons.
2.5 Legal acts (e.g. confirmation email, changes to the T&Cs or the Data Protection Declaration) may be sent to the User by email.
2.6 The Platform Operator expressly reserves the right to temporarily or finally alter, supplement, delete or discontinue the functions offered, in whole or in part, where these services are offered free of charge.
2.7 If the Platform Operator offers prizes, preferential treatment and/or other incentives as a prize for certain user behaviour or to be made available to Users no cash alternatives, even in part will be provided. In these instances the decision of the Platform Operator is final.
3. GENERAL OBLIGATIONS OF THE USER
The Platform is solely intended for private use. It has been set up on the idea of customer dialogue and reciprocal exchange of opinions and is open to all members for free, but critical discussion. Users are entitled to ask questions, share their opinions and write answers. Users do not have a right to publication. Opinions and assessments are subject to the following rules:
1) Contributions must relate to ROTWILD or cycling.
2) Contributions must be factually correct.
3) Contributions must be objective and precise.
4) Employees of the Platform Operator may only evaluate products if they mention this relationship openly.
5) Contributions which contain advertising or commercial content (such as offers goods and services, for example) made by Users are prohibited.
6) Rumours, hearsay and unconfirmed statements of others are prohibited.
The Platform Operator is entitled to block contributions posted by a User on the Platform if, on the grounds of actual evidence, there is cause to suspect that the statutory provisions or these T&Cs have been infringed. The Platform Operator reserves the right to view and if necessary delete contributions posted by Users.
4. RESPONSIBILITY, PROHIBITED CONTENT AND CONDUCT
4.1 Users are solely responsible for all for content they post. Content published by a User on the Platform represents the opinion of the User and does not reflect the opinion of the Platform Operator.
4.2 The User warrants to the Platform Operator that they hold all necessary rights in relation to content which the User saves, publishes and/or transmits on to the Platform and that in doing so no third party rights of any kind, statutory provisions or provisions of these T&Cs have been infringed. If the User does not hold the rights to content posted by themselves, they warrant that they have obtained all required rights, permissions, consents and similar in a valid manner. In the event that the User infringes this warranty the User shall indemnify the Platform Operator on first request against all third party liability in accordance with section 12 and shall hold the Platform Operator harmless to the full extent.
4.3 Users have various options to join in on the Platform and to post content such as text, images and videos, for example. It should be noted that saving, publishing or transmitting the following content on the Platform is prohibited:
1) Content which is personally or commercially damaging, threatening, abusive, harassing, offensive, defamatory, vulgar, obscene, hateful, racist, pornographic, glorifies violence, is harmful to young people or unlawful in another manner.
2) Threats made again other Users, providers or third parties.
3) Incorrect information.
4) Content which could infringe the right of self-determination of a third party.
5) Content which could infringe third party rights, in particular patents, trademarks, registered designs, industrial designs, copyright, other intellectual property rights, trade secrets, know-how, personality rights or ownership rights or which the User is not entitled to disclose.
6) Viruses, files or programs which are intended or suitable for interrupting, destroying or damaging the functions of hardware, software or telecommunications devices.
7) Links to websites containing content which is contrary to the law , harmful to young people or otherwise prohibited.
8) Private information, such as telephone numbers and email addresses outside of profiles.
9) Sending unwanted advertising emails, junk emails, other unrequested communications, email bombs etc., to a person, distribution lists or multiple newsgroups (spamming) or providing links to third party websites for marketing purposes.
10) Using robots, spiders, scrapers or similar technology to automatically request content or data about people without the consent of the rights holder.
11) Software which is used to assist in changing, adapting, translating, leasing, or dividing the Platform, in whole or in part, or which is being used as a starting point for similar products.
4.4 Should you determine that the content of another User infringes these T&Cs or the statutory provisions please report this to us by email to communityrotwildde. Please provide us with the identification information data of the person who you believe has not complied with the regulations, together with the associated content or a description, and any further useful or required information.
5. TERMINATION, DELETION, CESSATION & BLOCKING USER ACCOUNTS
5.1 User accounts may always be terminated by the User at any time for whatever reason. Upon notice of termination of a user account the Platform Operator shall delete the user account and all associated registration data.
5.2 The Platform Operator is entitled to block a User's access and to close the user account if, for example the User has infringed these T&Cs or has not logged in for a period of 12 months.
5.3 In the event of membership being terminated the Platform Operator is entitled but not obligated to delete content posted by the User. The User does not have any claim to the return or other transfer of content posted by them. Rights granted by the User in accordance with section 6 below shall be preserved indefinitely.
6. USE OF CONTENT
The Platform Operator is entitled to make the content posted by Users available to the public without payment which is unrestricted as to content, time and geography and to continue to use such content on the Platform and if necessary to further edit it and combine it with other content. The User warrants that they are the holder of all rights required for the above use of posted content and/or that they are entitled to dispose of these rights, and that no third party rights or statutory provisions are infringed by such use.
7. COLLABORATION PROJECTS
Additional Terms and Conditions apply to participating in collaboration projects which the User will be specifically referred to before participation.
8. DATA PROTECTION
Data protection is very important to the Platform Operator. The corresponding principles and regulations can be found in our Data Protection Declaration. The User may revoke their consent for their data to be stored at any time in writing (communityrotwildde). Upon deregistration your data will be erased and access blocked.
9. WARRANTY EXCLUSION, THIRD PARTY CONTENT
9.1 The Platform Operator offers their service subject to the fact that at any time they may change, suspend or discontinue their service, in whole or in part. The Platform Operator does not provide any warranty to the User or any other person that their service will be securely available at all times without disruptions or faults. The User is themselves responsible for using the Platform. This shall in particular apply to the use of content offered by way of the ROTWILD Community, in particular those of other Users.
9.2 The Platform Operator does also not provide any warranty that the hardware and software used for the service works without faults all the time or that some faults in the hardware or software will be corrected and undertakes no liability for losses resulting from the use or impossibility of use of the Platform Operator's service, including the loss of data or data integrity. The User is solely responsible for any losses to their computer system or other technical devices used, for the loss or data or other losses, and also for third party losses if these have been caused by the User in this context.
9.3 The Platform, in particular the ROTWILD Community, is a platform where the Users can express opinions, and post assessments and surveys. The Platform Operator therefore provides no warranty or assurances of any kind regarding the accuracy and reliability of information, assessments and functions within the scope of this service as these are significantly based on the conduct and information of the User and therefore are dependent upon the User.
9.4 The Platform Operator's service and/or also the content posted by Users may contain links to third party websites and services. The respective provider or operator of third party website is primarily responsible for the content of linked sites, and represents third party content for the Platform Operator. Please notify us by emailing communityrotwildde if you are of the opinion that the linked websites are unlawful or otherwise contain offensive content.
9.5 The respective provider is responsible for the content of advertisements, and likewise for the content of the advertised website.
10. GENERAL LIABILITY, LIMITATIONS ON THE LIABILITY OF THE PLATFORM OPERATOR
10.1 The Platform Operator shall be liable without restriction in the event of intentional acts and omissions, and gross negligence. For infringements of fundamental contractual obligations caused by the simple negligence of the Platform Operator or their statutory representatives or vicarious agents within the scope of this contract, the Platform Operator's liability against Users shall be limited to those average, direct, foreseeable losses typical for this type of contract.
10.2 Should both the Platform Operator and the User be at fault for the losses the contributory negligence of the User shall also be taken into account. This shall not affect the provisions of the aforementioned section 10.1.
10.3 The above limitations on liability shall not affect any claims of the User for product liability. Furthermore these limitations on liability shall not apply to injury to life, body or health of the User attributable to the operator.
11. INDEMNIFICATION BY THE USER
Should the Platform Operator or their executives, employees, staff, representatives, shareholders and vicarious agents be subject to legal action from third parties or the authorities in connection with the use of the service by the User contrary to the provisions of these T&Cs and/or in connection with the content posted by the User, the User shall indemnify and hold harmless the Platform Operator or their executives, employees, staff, representatives, shareholders and vicarious agents on first request with regard to all claims or demands regardless of the legal grounds thereof. This includes reasonable legal fees and court costs. The Platform Operator expressly reserves the right to assert claims for further losses.
12. APPLICABLE LAW, PLACE OF JURISDICTION, MISCELLANEOUS
12.1 The law of the Federal Republic of Germany shall solely apply excluding the UN Convention on the Contracts for the International Sale of Goods (CISG).
12.2 Sole jurisdiction is hereby vested in the courts of Darmstadt in the Federal Republic of Germany if the User is a businessman. In addition the Platform Operator is entitled to file a claim against a User at the place of the User's general jurisdiction.
12.3 Should an individual provision of these T&Cs be or become invalid, in whole or in part, this shall not affect the validity of the remainder of these T&Cs. If the User is not a consumer (section 13 BGB (German Civil Code)) the invalid provisions shall be replaced by the parties by a valid provisions which comes closest to the commercial purpose of the invalid provision. The same applies in the event of a gap or omission in these T&Cs.
12.4 These T&Cs are only available in German and are not separately stored by the Platform Operator upon conclusion of the contract. The current version of these T&Cs can be found at www.rotwild.de; previous versions will no longer be accessible.
rotwild.com – Platform Operator: ADP Engineering GmbH Terms & Conditions
As at: 08/15