Responsible for contents in accordance with §6 MDStV (Mediendienste-Staatsvertrag):
1. Acceptance of these conditions of use
Welcome to BLINDzeln!
BLINDzeln ("BLINDzeln") offers its services on the basis of the following user conditions. Additional conditions of use for certain specific services may appear. In such cases you will be informed of the conditions before using the related service. By using BLINDzeln´s services, you are accepting the enforcement of these conditions of use. If you do not wish to be bound by these conditions, you may not use BLINDzeln´s services.
2. Service description
BLINDzeln guarantees that through the existing BLINDzeln network, users can gain access to various online resources ("services"), including mailing lists, online forums, an online shop, small ads, short films, chat rooms, newsletters, an online magazine and more. Unless explicitly expressed, the requirements set out in these conditions of use underpin all new provisions that are added to, or that improve the current services, including the provision of new services. At any one time, the services will be offered in a form that BLINDzeln deems to be good and are subject to availability. BLINDzeln does not accept any responsibility for any possible delay, deletion, failed transfer, or loss of saved work in the communication between users.
In order to use the services, you must be responsible for obtaining access to the worldwide web and any technical equipment needed for gaining access and you must bear any necessary related costs. This includes access to a computer and modem.
3. Rules of registration
In order to use the services, you must declare yourself willing to give
4. Data Protection
- (a) truthful, exact, up to date and complete personal details (hereafter referred to as registration details) according to the conditions laid out on the application form.
- (b) update your registration details as necessary, so that they remain truthful, exact, up to date and complete.
Should any of the information you supply be untrue, imprecise, out dated or incomplete, or should BLINDzeln have cause to believe that information is untruthful, imprecise, out dated or incomplete, BLINDzeln reserves the right to close your user account ("account"), either temporarily or permanently, and to disqualify you from any current or future use of one or all of the services.
Your registration details and certain other personal details are subject to our data protection regulations. Further information can be found on our data protection page.
5. Your account, password and security
Following registration you will be assigned a password. You must ensure that your password and account are not available to any third parties and you must bear full responsibility for any activity using your password or account. It is obligatory that you inform BLINDzeln immediately of any misuse of your password or account, as well as any other breach of security regulations. You must ensure that you log out of your account after each use. BLINDzeln does not accept any liability for loss or damage resulting from you not fulfilling the obligations stipulated here in paragraph 5.
6. Allowing third party use
You agree that the account holder accepts full responsibility for any action taken using that account. If you have permitted another person to use your account, you must accept full responsibility for the online activities of that person, for controlling their access, for their use of the services and the consequences of any misuse.
7. Member responsibilities and obligations
Full responsibility for any information, data, wording, news or any other material ("content") which is openly published or submitted in private, lies with the person from whom the content originated. This means that you, and not BLINDzeln, hold full responsibility for the content that you publish, send by email or submit by any other means within the services. In principle, BLINDzeln does not control content that you submit within the services and therefore does not hold any guarantee for the truthfulness, appropriateness and quality of such content. You agree that you may be disqualified from use of services for content that is offensive, indecent or can be brought into question for any other reason.
BLINDzeln accepts no liability under any circumstances for any content. In particular BLINDzeln accepts no liability for mistakes, falseness, or incompleteness of content or relating to content. Nor does BLINDzeln accept any liability for loss or damage that occurs in the use of content that is published, sent by email or transmitted in any other way within the services.
Whilst using the services you are not permitted to:
BLINDzeln reserves the right to store information and pass on information to third parties in as far as it is legally possible, legally responsible or necessary due to legal obligations, in order to:
- (a) publish data, wording, files, links, software or other content, which in the view of BLINDzeln is illegal, damaging, threatening, improper, offensive, slanderous, vulgar, obscene, evoking hatred, racist or to be queried in any other way
- (b) inflict harm upon minors in any way
- (c) identify yourself as someone else, e.g. as a representative of BLINDzeln or someone responsible for the service in any other way, or to pretend a false relationship with one of these people
- (d) falsify headers or manipulate identifying symbols in order to disguise the origin of content submitted to the services
- (e) submit, publish or send content by email or transmit content in any other way, which you are not authorised to pass on (e.g. due to obligations of secrecy etc.)
- (f) submit, publish, send by email, or transmit content in any other way, which damages the rights of third parties, in particular patents, brands, copyrights, business secrets or any other property rights
- (g) submit, publish, send by email or transmit unauthorised advertising, promotional material and other publicity, junk mail, mass emails (spam) or chain letters. Advertising, for example by sponsors, is only permitted if BLINDzeln has given explicitly expressed written authorisation.
- (h) submit, publish, send by email, or transmit content in any other way, that contains computer viruses, files, programmes or other information designed to, or able to interrupt, destroy or limit the workings of computer software or hardware or breach telecommunication regulations.
- (i) disrupt the technical functioning of services or customary means of communication, allow the screen to scroll faster than other users of the services are able to enter information. Nor may you in any other way disrupt the ability of other users to communicate properly.
- (j) intervene with or disrupt the server or networks connected to the services, or break regulations, procedures or other rules connected to services.
- (k) damage national or international regulations or stock market rules (e.g. the New York Stock Exchange, the American Stock Exchange, the FTSE) whilst using a service
- (l) insult, threaten, slander, inflict danger upon, bring to shame or use any other means to inflict nastiness on anyone, whether a member of the public, a person involved with the law or a group
- (m) collect or save personal information about other users.
In principle, BLINDzeln does not monitor or check content, but does reserve the right to retain content available on the services or to publish content in another place within the services. There is no legal obligation in this respect. This is particularly true of content that breaches conditions of use or can be called into question for other reason. It is your responsibility to weigh up and bear the risks relating to the use of information, including the risks arising from you trusting the accuracy, completeness or usefulness of content that you use. In this respect, you recognise that information provided by BLINDzeln or made available by third parties through BLINDzeln may not be trustworthy.
BLINDzeln emphasises that the technical reworking and transfer of services, including content submitted by you, could make it necessary to
- (a) fulfil legal requirements or obey judicial or police orders
- (b) implement these conditions of use,
- (c) provide evidence relating to legal offences by third parties or
- (d) protect the rights, ownership and personal safety of BLINDzeln, its users and the public.
8. Rules relating specifically to international use
- (a) proceed with transfers over various networks and/or
- (b) proceed with alterations to meet the technical requirements of related networks or other technical appliances.
Due to the universal nature of the internet, you are bound by all existing national and international regulations relating to online behaviour, to the legitimacy and appropriateness of content. In particular, you declare that you will keep to all existing national regulations regarding the export of technical data.
9. Rights to published content
10. Exemption from liability
- (a) When mentioned in these conditions of use, "areas available to the public" are those services that are available to anyone.
- (b) If you enter content for publishing to an area of BLINDzeln available to the public, or if you submit content originating from photos or graphics for publishing in any area of the services available to the public, you guarantee BLINDzeln: the absolute right, free of charge, to use the content in part or in its entirety worldwide, to duplicate, modify, adapt and publish the content as long as it is with the sole aim of representing, promoting or increasing the universal availability of the specific area of BLINDzeln for which the content was intended. Or in the case of photos or graphics, as long as this is the sole the aim for which the photos or graphics were submitted. This rule is only valid for the period of time that you wish to publish the content on the specific service, and expires as soon as you delete the content from the service or allow it to be deleted.
- (c) With regards to any other content that you pass on for publishing in an area of the service available to the public, you guarantee BLINDzeln the unconditional non-retractable right free of charge and for an unlimited length of time, which includes the right of guarantee for sub-licensees, to use the content in part or in its entirety worldwide, to duplicate it, modify it, adapt it, publish it, translate it, rework it, distribute it, exhibit it, display it and/or to take over the specific content in other products, media or technology, even if currently unknown or being developed, in any form during the whole period that the conditions are valid.
- (d) If you do not own the rights connected to content that you submit, you guarantee that the owner of the content has declared that he accepts the transfer of rights according to the given conditions.
You hereby declare that you will not hold BLINDzeln liable or to blame for any demands or requirements made by third parties relating to content that you submit, publish, or transfer to the services, or to your use of the services, your connection with the services or you breaching these conditions of use, or third parties breaching them through you. This also applies to corresponding legal costs.
11. The services are not for commercial use
Unless you have written evidence from BLINDzeln, containing explicitly expressed authorisation, you are not permitted to copy, duplicate, imitate, sell, sell on or utilise the services in part or their entirety, including your access to the service, for commercial purposes of any sort whatsoever.
12. General regulations of use and storage
You accept that BLINDzeln reserves the right to establish general rules and restrictions regarding the use of the services, in particular with regards to:
You declare that you agree to BLINDzeln accepting no responsibility or liability for the deletion of data, or for data not being saved, in relation to messages, any communication, or other content that is submitted or entered on the services. You agree that BLINDzeln reserves the right to change these general rules and restrictions at any time at its own discretion, with or without informing users.
- (a) establishing the maximum number of days which email messages, publications or other content submitted, are allowed to remain on the services,
- (b) the maximum number of email messages that can be sent or received using one account in the services,
- (c) the maximum size of an email message that is allowed to be sent or received by an account
- (d) the maximum number of times that you visit the site within a specific timeframe (and the maximum length of each visit).
13. Service alterations
BLINDzeln reserves the right to alter, disconnect or discontinue all or individual services temporarily or permanently at any time, with or without letting users know. You are in agreement that BLINDzeln cannot be held liable by you or by third parties for service alterations or the disconnection or discontinuation of all or individual services.
14. Closing your account
You may cancel your account at any time and for any reason. Thereupon, BLINDzeln will delete stored data. You are in agreement that BLINDzeln can close down your user password, your account (or parts of your account) at its own discretion for any reason, and can close down and delete contents of other usages of the service by you. This applies particularly if BLINDzeln has reason to believe that you have not abided by these conditions of use or have abused fundamental principles of the conditions of use. You agree that your access to services can be disqualified due to non-compliance with these regulations without consulting you first, and that BLINDzeln can close down or cancel your account immediately, along with any information and files relating to it and/or can halt any access to these files or to the services. Furthermore you are in agreement that BLINDzeln cannot be held liable by you or by third parties for cancelling your access to services.
If your account is cancelled, you may only regain access to services with written consent from BLINDzeln. You are not permitted to help a user whose account has been cancelled to gain access to the service, and are not permitted to let them use your account.
15. Business with third parties/Publicity
Communication or business relationships with commercial providers or other third parties made known to you through the services, are conducted entirely between yourself and that third party. In particular, this includes payment for and delivery of goods or services and any contractual agreements, guarantees or assurances. BLINDzeln does not accept responsibility or liability for loss or damage resulting from such dealings, or resulting from the presence of such providers in the services.
Both BLINDzeln and third parties can set up links to other websites or sources. As BLINDzeln is not in any position to control external sites and sources, BLINDzeln can not be held responsible or liable for their availability, does not claim ownership of content available on or through them, and is disqualified from any liability or guarantee connected to them. Therefore BLINDzeln can be held neither directly nor indirectly responsible for damage or loss which results, or has resulted, from the use of content on or connected to external sites and sources, from placing trust in content, or from related goods or services.
17. BLINDzeln´s protection regulations
You are in agreement that content included in publicity and information that you receive through the services is protected by copyrights, branding, patents or other protection laws. If BLINDzeln, or the affected producers of the publicity, have not given their written permission, you are not allowed to alter work that appears on services or software, whether entirely or in part, nor rent it, loan it, sell or remodel it.
You are not permitted to gain access to the services by any other means than by the interface that BLINDzeln makes available to you.
19. Restrictions to liability
- (a) The use of the services is at your own risk. The services are available in the form that BLINDzeln finds acceptable and are subject to availability.
- (b) BLINDzeln does not guarantee that the services will meet your demands, or be available at all times, or free from interruption, or prompt, or secure, or without errorsBLINDzeln does not offer any guarantee relating to the consequences of service use, nor in connection with accuracy and reliability of information found on the services. Nor does BLINDzeln guarantee that the quality of goods, services and information acquired through or found on the services will meet your expectations. Nor does BLINDzeln guarantee that hardware or software used in the services will always function without error, or that possible errors in hardware or software will be corrected.
- (c) You download content relating to the services, or obtain content by other means, at your own risk. You are singly responsible for damage to your computer system or other technical equipment, and for loss of files and other damage, which is caused by downloading content and by other transactions relating to the services.
- (d) Advice or information that you receive within the service, whether written or spoken, is not guaranteed by BLINDzeln in any way, unless a guarantee has been explicitly expressed.
BLINDzeln does not accept liability for the behaviour of users or third parties, or for content or statements exchanged within the service by users and third parties. BLINDzeln accepts no liability for damage arising from the use of or inability to use services. In particular, BLINDzeln does not accept liability for costs involved in gaining compensation, costs relating to acquired goods or services or to messages or other transactions. In particular also, BLINDzeln accepts no liability for costs related to gaining unauthorised access to services, to a change in your personal details or data, or for costs that occur for any other reason from using the services. BLINDzeln is not liable to you or to other persons for damage resulting from an interruption or temporary glitch in the services or from the closing down of the services. We specifically point out that the services could contain content potentially damaging to minors, or that may be deemed inappropriate for other reasons. BLINDzeln is not liable for damage arising from access to such content, or any other content (also see paragraph 6 above).
If, despite the given conditions, BLINDzeln should be legally responsible for damages, liability is strictly limited to damage proven to be due to gross negligence or wilful behaviour, or to damage due to an offence of one of the main people responsible for the site. For damages relating to negligence of non-current contractual obligations or to obligations set out in contractual negotiations, liability does not include indirect damage and unusual consequential damage, and furthermore is limited to the average damage costs for contractual agreements. This does not affect possible liability in accordance with product liability laws.
20. Exclusion period
Regardless of possible shorter legal deadlines, any claim arising from or relating to use of the services or these conditions must be given legal validity within 1) one year of arising, or becomes permanently invalid.
Communication can be made with you either by email or post. You may also be informed of changes to these conditions or other concerns by notification or a link published on the corresponding service. BLINDzeln withholds the right to use all possibilities within its services to give general information about alterations and new developments at any time.
BLINDzeln respects the intellectual property of third parties and requires users to do this too. If you believe your work to have been copied in a way that represents an infringement of copyrights, please send an email to firstname.lastname@example.org.
23. Alterations to these conditions of use
BLINDzeln withholds the right to alter or revise future conditions of use. You will receive special notification of possible changes or revisions to conditions of use each time they occur. The altered or revised conditions of use will only come into force the first time you use BLINDzeln´s services after receiving the notification.
24. General conditions
25. What to do if these conditions of use are breached
- (a) If BLINDzeln does not enforce or exercise a regulation or requirement set out in these conditions of use, this does not represent an infringement of the regulation or specific requirement by BLINDzeln.
- (b) Please be aware that additional conditions may be in force if you use related services or third party content and software.
Please inform us of any breach of these conditions of use. If you suspect that service content breaches regulations, please send an email to email@example.com with identifying details of the breaching party and please attach a pasted copy of the content involved. BLINDzeln does not guarantee however, that measures will be taken as a result of your notification to us.
26. Validity of these conditions of use
Should a regulation set out in these conditions of use, or in further communication, prove ineffective, this will not affect the validity of any other regulations or communication. Many thanks for your interest in BLINDzeln.
27. Commercial contact address for BLINDzeln
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