AGB

Liebe Leserin, lieber Leser,

im Folgenden finden Sie unsere AGB. Derzeit ist nur die englische Version verfügbar, da wir die deutsche Version überarbeiten. Die aktualisierte Version wird in Kürze veröffentlicht.

Effective Date: 7th of June 2017

1) Definition
2) Subject
3) Access / Terms of Use / Rights and Obligations
4) Termination
5) Liability
6) General Provisions
7) Final Provisions

1) Definition

Introduction of Terms

This website is operated by The Buzzard UG (limited liability). Throughout the site, the terms “we”, “us” and “our” refer to The Buzzard UG (limited liability). The Buzzard UG (limited liability) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or registering as user on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Website Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years old or have the express consent of one of your parent or your guardian.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Changes to Terms of Service

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
However, you will be informed at least 7 days prior to any changes that are made to our terms of service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Subsidiary agreements and deviating agreements between the parties to which these terms of service are applicable (you and/or any third parties and The Buzzard UG (limited liability)) must be made in writing.

2) Subject

The Buzzard is a journalistic platform on which the editors of The Buzzard can publish article recommendations.

Registering on The Buzzard for receiving the E-Mail newsletter is free of charge. Additionally readers can post comments beneath each article recommendation if they wish.

3) Access / Terms of Use / Rights and Obligations

Registration

It is not necessary to register in order to get access to the platform and consume the content that is provided.

It is only necessary to register via email if a user wants to receive our article recommendations in their inbox. In order to enjoy this service, the user has to provide a valid email address that he or she has access to.

Terms of use

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Rights of Use

We have the rights to display the comments that users choose to provide beneath each article recommendation.

We shall not edit the wording of the content you provide, that is for example, edit the wording of the teaser and abstract of the blog posts. However, if a certain blog post infringes upon our editorial guidelines, we are allowed to delete it at any time, and if we are selecting and displaying blog posts as a recommended article in the recommended article section, we reserve the right to shorten the title of the blog post in order to adjust it to the size of the recommended article box.

Ownership

You are not allowed to use any text, logo, design, branding of The Buzzard UG (limited liability) in any way except you have the explicit permission to do this.

Rights and Obligations

We reserve the right to refuse service to anyone at any time who infringes on the rights, obligations and permissions that are transferred to you by agreeing to these terms of service and that are defined in these terms of service (see rights, obligations and permissions below).

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We take no responsibility and assume no liability for any content provided by you or any third-party.

Referring to your account, you are allowed to edit and delete all blog posts you publish, you may post teasers, abstracts and up to 10 blog posts for each blog you are writing for per day. We limit the number of blog posts per day because we want to avoid spamming the platform.

You are not permitted to intentionally geotag your blog posts at wrong geographic locations, to assign your blog posts to the wrong topics, to post under a false blog name, to plot the same blog post more than once, to post blog posts older than seven days and to submit wrong, inaccurate links to your blog.

We may, but have no obligation to, monitor or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4) Termination

You are allowed to terminate our Services at any time. For that you need to send a mail to info(at)thebuzzard.org and provide us with your username and the email address with which you registered your account. We will delete your account as soon as possible, but at latest within the following seven days after receiving your notice of termination.

You are allowed to re-register via email if you terminated our Services beforehand.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If you do not comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

5) Liability

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with our website except for those damages that are due to gross negligence on behalf of The Buzzard UG (limited liability).

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party – except for those damages that are due to gross negligence on behalf of The Buzzard UG (limited liability).

Errors, Inaccuracies and Omissions

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Disclaimer of Warranties; Limitation of Liability

We reserve the right at any time to modify, suspend or discontinue the Service or any part or content of the service (i.e due to server crash, going offline or suspending service due to unreasonable personal reasons) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service – except for those damages that are due to gross negligence on behalf of The Buzzard UG (limited liability).

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‚as is‘ and ‚as available‘ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case – except for damages due to the gross negligence on behalf of The Buzzard UG (limited liability) – shall The Buzzard UG (limited liability) (managed by Felix Friedrich and Dario Nassal), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

You agree to indemnify, defend and hold harmless The Buzzard UG (limited liability) and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

5) General Provisions

Personal Information

Your submission of personal information through The Buzzard is governed by our Privacy Policy.

6) Final Provisions

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Governing Law

The contractual relationship and all precontractual relationships between The Buzzard UG (limited liability) and the user are governed by German law. Place of fulfilment and – to the extent permitted by law – the exclusive court of jurisdiction is Mannheim.

Contact Information

Questions about the Terms of Service should be sent to us at info@thebuzzard.org.