**Terms and conditions Digital Collective Memory Platform**
**§ 1 Scope of Application**
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The following terms and conditions apply to the use of the Digital Collective Memory platform (hereinafter referred to as the "Provider"). \
The use of the platform is only permitted if these terms of use are accepted.
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**§ 2 Registration, conclusion of contract and subject matter of contract**
1. Prerequisite for the use of the forum is registration via the corresponding online registration process. At the end of the registration process, you will receive a confirmation email, that enables you to confim your registration by mouse click. With the activation of your account by the provider, the free usage contract comes into effect under acceptance of these TC (conclusion of the contract).
2. The subject of the contract is the free use of the functions of the Digital Collective Memory platform as an online communication platform with the following functions:
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\- Provision of a "user profile", with selection of interests, assignment to projects, specification of personal data (place of residence, job title, contact details); only visible to other registered users \
\- Possibility to contact other registered users via the profile or postings in groups or in the user profile\
\- Following or joining different groups (so-called "spaces")\
\- Following or befriending other users\
\- Creating new spaces, visible to registered users and people without an account\
\- Using the online calendar function; posting events in the different event calendars of the spaces, visible for registered users\
\- Writing direct messages to one or several other registered users\
\- The use of the online meeting tool "Jitsi Meet".\
\- A dashboard with all postings from Spaces or from people you follow, visible only to registered users\
\- People search as well as profile display of other network members for registered users\
\- Creating and publishing posts in spaces or on one's own profile; the user's authorship is publicly visible. The entries are visible to and can be commented or liked by other registered users
3\. In principle there is no legal claim to activation or participation in the Digital Collective Memory platform. The unrestricted domiciliary rights of the operator apply.
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4\. Your community profile may only be used by you. Likewise, as the owner of the profile, you are responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties.
5\. The provider shall endeavor to offer the service for retrieval without interruption as far as possible. Even with all due care, downtimes cannot be ruled out in which the web server is not accessible via the Internet due to technical or other problems beyond the control of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that a 100% availability of the website is technically impossible to realize.
6\.The provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces, if this does not or only insignificantly affect the purpose of the contract concluded with the user. The provider will inform the users accordingly about the changes.\
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**§ 3 Duties as a network user**
1\. As a user you undertake that you will not publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited to,\
\- publish or send to other users insulting, obscene, racist, anti-semitic, homophobic, sexist or untrue content;\
\- the same applies to contributions written in vulgar, abusive or hateful language or which violate the rights of third parties as well as copyrights;\
\- send unsolicited, mass mailings of advertising or other content not related to the DCM platform (spam) to other users via the system;\
\- use content protected by law, in particular by copyright and industrial property rights, without authorization;\
\- perform anti-competitive actions; \
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2\. As a user, before publishing your contributions and topics, you undertake to check them to see whether they contain information that you do not wish to be published on the platform. Although the contributions are only visible to registered users and are not detected by search engines,the platform is aimed at an international target audience. Registered users may access the platform from non-European countries. In addition, it is possible for content from the platform to be shared via social media. We would like to point out that this may involve the processing of user data outside the territoryof the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights. The provider has no influence on this and cannot be held responsible for it.
3\. In the event of justified suspicion of violation of the aforementioned obligations, the provider is entitled to check the user's account and its contents. In the event of a violation, in particular of the aforementioned rules § 3 paragraphs 1 and 2, the Provider may also impose the following sanctions on the User, regardless of termination:\
\- deletion or modification of content posted by the user,\
\- issuing a warning or\
\- Blocking of access to the network.
4\. Should third parties or other users make 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 agree to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible legal violation. As a user, you are obligated to support the provider in good faith with information and documents in the legal defense against third parties. All further rights as well as claims for damages of the provider remain unaffected.
5\. As far as the user enters entries in the network incl. the spaces as well as the links or deposited data sets contained therein, he acknowledges that these are publicly viewable and are basically treated as open data. The linked data itself is not located on the Digital Collective Memory platform. Reference is made to data interfaces and download links of the providing users. When creating an entry, the user is responsible for specifying relevant licenses, usage restrictions, or the like.\
The user acknowledges that the data should, as far as possible, meet the following Open Data requirements:\
\- Monetary freedom\
\- Ease of access (i.e., no technical hurdles, such as user login)\
\- Machine readability (i.e. no documents, such as PDFs, but usually numerical values obtained by measurement or observation).\
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**§ 4 Transfer of rights of use**
1\. The copyright for your topics and contributions, as far as these are copyrightable, remains in principle with you as a 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 contributions.
2\. the aforementioned rights of use shall remain in force even in the event of termination of the forum account.
**§ 5 Limitation of liability**
The provider of the network does not assume any liability for the content posted in the network, in particular for its accuracy, completeness and timeliness. The provider is not liable for the content of websites that are reached via links. Insofar as users contact each other, the provider merely forwards the content and does not adopt it as its own.
2\. The provider is liable for intent and gross negligence as well as in case of violation of an essential contractual obligation. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. The Provider shall be liable, limited to compensation for the damage foreseeable at the time of the conclusion of the contract and typical for the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by him or one of his legal representatives or vicarious agents. The Provider shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or warranty given by the provider as well as liability for claims based on the Product Liability Act and damages arising from injury to life, limb or health shall remain unaffected.
**§ 6 Term / Termination of the Agreement**
1\. This Agreement shall be concluded for an indefinite period.
2\. Both parties can terminate this agreement without notice.
3\. In the event that the user deletes his profile or has it deleted (termination of the contract), all personal data will be deleted. The project edits will remain, all other data will be deleted.
Contact digitalcollective@irights-lab.de for questions or comments.