The following terms of use apply to the HumHub Community and its sub-pages – community.humhub.com, hereinafter "Community" or "HumHub Community". The Community is an exchange and information platform. These terms of use regulate the relationship between operators of the Community, HumHub GmbH & Co. KG, Tassiloplatz 28, 81541 Munich and the visitors and members (hereinafter "user" or "users"), as well as the behavior of the users among themselves.
By registering to the HumHub Community, users and HumHub GmbH & Co. KG conclude a contract with the following provisions:
1. Registration in the HumHub Community and acceptance of the Terms of Use
By registering in the HumHub Community, you agree to these Terms of Use. The use without agreement to the Terms of Use is not possible. The user contract is concluded for an indefinite period and can be terminated by both parties at any time without notice. The use of the offer by users under the age of 16 is only permitted under the supervision and with the consent of a legal guardian.
2. Scope of the Terms of Use
a.) The Terms of Use apply to the Community including its sub-pages.
b.) The use of the HumHub Community is free of charge.
c.) The terms of use apply from the beginning of the respective use.
c.) The HumHub GmbH & Co. KG reserves the right to offer its own payable services within the Community, as well as to refer to and link to its own payable services. If this is the case, users will be explicitly informed of the costs and supplementary Terms of Use.
3. The scope of services and accessibility of the HumHub Community
a.) The HumHub Community serves the users for the exchange over the software HumHub offered by HumHub GmbH & Co. KG. Users should exchange information with others and share the content with a broad and open user base. The services provided by the Community include, among other things, the possibility for registered users to post different contents such as images or texts, to evaluate, comment on or vote on other users' contents. Registered users of the Community also have the opportunity to contact other users and search for content.
b.) HumHub GmbH & Co. KG is constantly striving to further develop the Community and adapt it to the requirements of the users. The website, therefore, represents a current state of development. However, users have no claim to the offer remaining unchanged in its content and scope or having certain functionalities. Likewise, there is no claim that the offer is always available and functions error-free.
c.) HumHub GmbH & Co. KG reserves the right to no longer make the offer or parts thereof available. If such a case should occur, the rights of the persons concerned with regard to personal data are regulated in the Privacy Policy.
4. Third-party offers
a.) HumHub GmbH & Co. KG reserves the right to cooperate with third parties. If users use the offers of third parties, HumHub GmbH & Co. KG neither contractual partner nor subcontractor. The terms and conditions of the third party apply. Obligations on the part of HumHub GmbH & Co. KG do not exist in this context.
b.) HumHub GmbH & Co. KG does not use any third party analysis and advertising tools in the Community and will not do so in the future.
c.) HumHub GmbH & Co. KG does not advertise third parties, for example in the form of advertising banners or overlays, in the community and will not do so in the future.
d.) HumHub GmbH & Co. KG does not give e-mail addresses to third parties for advertising purposes, especially not for direct marketing purposes.
5. Obligations of the users
a.) Users undertake to fill in the information required for registration truthfully. Furthermore, users refrain from giving false information which could harm the personal rights of third parties.
b.) Users assure that the contents posted by them, in whatever form, do not infringe the copyright of third parties. The user is responsible for the contents provided by him. HumHub GmbH & Co. KG assumes no responsibility for these. This applies in particular to the possible infringement of copyrights and the correctness of the contents.
c.) Users agree not to post any content, in any form whatsoever, to the HumHub Community that violates applicable law and morality. This includes, but is not limited to:
calls for drug abuse
calls for violence
the dissemination of unconstitutional material under German law
the sharing of political content, in particular, party advertising and propaganda
the dissemination of sexual, violent or weapon-glorifying content
spreading spam
d.) Users commit to behaving in a friendly and politically correct manner towards other users. This includes, but is not limited to:
not insulting each other
not discriminating each other on the grounds of age, sex, and origin
the omission of discrimination with regard to religious affiliation
to refrain from bullying
to refrain from stalking
e.) It is forbidden for users to spread advertising for offers of third parties.
f.) Users agree to act in accordance with the purpose of the HumHub Community stated under 3.a.). Religious, political or other discussions that are thematically distant from this purpose are not desired.
6. Multiple accounts, e-mail address, and passwords
a.) Each user may only register once at a time in the Community.
b.) If the user has forgotten his password, he can use the "Forgot password" feature to reset it. This process requires a valid e-mail address. The user is responsible for ensuring that his e-mail address is correct and up to date. Forgotten passwords will not be retrieved by employees of HumHub GmbH & Co. KG.
7. Rights of HumHub GmbH & Co. KG
a.) In case of violations of these Terms of Use, laws and/or other rules published in the community, the HumHub GmbH & Co. KG may temporarily or permanently block users from using the Community. HumHub GmbH & Co. KG has the right to delete a user account, contributions and functions at any time.
b.) HumHub GmbH & Co. KG has the right to modify or remove contributions and provided content if they violate the Terms of Use or applicable laws. HumHub GmbH und Co. KG also reserves the right to evaluate content at its own discretion.
8. Granting of rights
By creating content in the Community, the user grants HumHub GmbH & Co. KG a simple, temporally and spatially unlimited and free right to use the created contents in the context of the Community. This right of use includes, in particular, the right to display the contents on the websites of the HumHub GmbH & Co. KG worldwide, to reproduce, distribute and transfer them to third parties. This right of use shall remain in force even after termination of the contract of use.
By granting these rights, the HumHub GmbH & Co. KG does not adopt the contents of the users in the sense of liability standards. The granting of rights merely serves to facilitate the administration and use of the contents during the operation of the Community and other websites of the HumHub GmbH & Co. KG.
9. Termination of the user relationship
a.) The HumHub GmbH & Co. KG can exclude the user from using the community at any time without giving reasons. This procedure applies in particular to violations of the Terms of Use.
b.) Users can terminate their membership in the HumHub community at any time through the profile settings.
c.) Should a user not be able to delete his account, he can contact an employee of HumHub GmbH & Co. KG. The employees of the GmbH & Co. KG can be reached at the following e-mail address: info@humhub.com
d.) If a user does not use the services of the community for more than one year, HumHub GmbH & Co. reserves the right to delete the user and his personal data without prior notice.
10. Limitation of liability
a.) The user acknowledges that HumHub GmbH & Co. KG is not liable for content that was not created by it.
b.) The HumHub GmbH & Co. KG is liable, with the exception of injury to life, body and health and violation of essential contractual obligations (cardinal obligations), only for damages that are attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages such as, in particular, loss of profit.
c.) The limitation of liability of these conditions also applies accordingly in favor of the employees and subcontractors of HumHub GmbH & Co. KG.
11. Release from liability
a.) Should HumHub GmbH & Co. KG have to answer for actions of the user (e.g. use of a copyrighted photo by a user), the user shall indemnify HumHub GmbH & Co. KG of all claims as well as the necessary costs which arise in connection with the defense of claims which third parties have against HumHub GmbH & Co. KG on the basis of an infringement of rights for which the user is responsible. The necessary costs include, in particular, court and legal.
b.) The user is also obliged to inform HumHub GmbH & Co. KG truthfully, immediately and completely about the infringement and about all circumstances, which are useful for the defense of the claims from the third party, and to leave necessary materials for this.
12. Changes to these Terms of Use
a.) The HumHub GmbH & Co. KG is entitled to change the terms of use and the data protection guidelines. The adjustment is only made if there are valid and factual reasons and if it will not disturb the contractual balance between the user and the operator. Such reasons could be, for example, legal and technical changes, experience with user behavior or unintentional gaps in the clauses. Users will be notified of the change by email and/or the next time they visit the website.
b.) Users are entitled to object to the changes. In case of contradiction, HumHub GmbH & Co. KG reserves the right to terminate the contract between the user and HumHub GmbH & Co. KG to terminate the existing contractual relationship with immediate effect.
13. Data protection
HumHub GmbH & Co. KG will comply with the legal provisions of data protection in the currently valid version. User rights in regards to this topic are explained in the Privacy Policy.
14. Applicable right
The contractual relations between HumHub GmbH & Co. KG and the user, the law of the Federal Republic of Germany is applicable, insofar as there are no mandatory regulations to the contrary.
15. Severability Clause
Should one or more of the provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the invalid provision by a valid provision with which the contractually desired result is best achieved.