§ 1 General, scope of application
(1) These General Terms and Conditions apply to all legal relationships of Der Mittelstand, BVMW e.V. Potsdamer Straße 7, Potsdamer Platz, 10785 Berlin (hereinafter: "Provider") with users of the website www.bvmw.de and all subpages (hereinafter also: "Website"). A user is anyone who registers on the website or concludes a contract with the provider for the use of the website.
(2) The business relationship between the provider and the user is subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The place of jurisdiction is Berlin if the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought.
(4) Consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.
§ 2 Services of the provider, contents of the website
(1) BVMW.de is a platform for the interactive exchange and networking of SMEs. On the platform, small and medium-sized entrepreneurs - provided they are full members of the BVMW - can present themselves, network, inform each other and invite each other to events. Among other things, users can exchange information online and offline. In principle, members can only make use of the association's services within the framework of the specified conditions; the membership application and Section 5 (1) of the Articles of Association provide further details. When registering for an event offered and organized by the BVMW or third parties, the event terms and conditions must be accepted separately. The provider may refer users of the website to third-party content and applications (hereinafter referred to as "third-party content") via links. Such third-party content is clearly identified by a corresponding notice. If and insofar as the conclusion of a contract is offered in connection with this third-party content, this shall be concluded exclusively with the respective provider.
(2) The provider may restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data require this.
§ 3 Use as a guest
Visiting the website as a guest is possible without BVMW membership. However, it is not possible to use the website interactively, in particular to post content of any kind, but only to view information posted by other users. It is also possible to register for events.
§ 4 Use as a registered member
(1) Active use of the full content of the website is only possible after prior registration/login with the corresponding access data as a full BVMW member. A user (full BVMW member) can register free of charge. User access differs from guest access in the extent to which the website can be used, e.g. with regard to the information offered, the search options, the interaction options and the posting of content.
(2) Registration takes place by opening a user account, whereby each user must accept these General Terms of Use. Upon completion of the registration process or login, a contract on the use of the website (hereinafter: "user contract") is concluded between the provider and the respective user. Until completion of the registration access or login, the user can correct his/her entries directly in the corresponding input fields using the usual keyboard and mouse functions. There is no entitlement to the conclusion of a contract of use.
(3) Only natural persons with unlimited legal capacity are permitted to register or log in. Minors may not register with the provider. Each user may only have one access; a transfer of access is not possible.
(4) When registering, users shall provide a user name and a password, which shall be issued to them upon confirmation of their membership. Users must keep their user name and password secret and are responsible and liable for all use of the service via the user account.
(5) Every user is obliged to inform the provider immediately if there are indications that their access has been misused. Every user shall be liable for all activities carried out using his/her access and shall indemnify the provider against any claims for damages by third parties, unless the user is not responsible for the misuse.
(6) Use of the website is free of charge or covered by the membership fee.
§ 5 Duties of conduct of the users
(1) The contributions of users on the website are generally not checked by the provider. If the provider becomes aware that a user's contribution violates these General Terms and Conditions or statutory provisions, the illegal content will be removed immediately or access to it will be blocked.
(2) The user alone is responsible for ensuring that he has all the necessary rights to the content he publishes and that no third-party rights are infringed. If, for example, images are uploaded in which one or more persons are recognizable in addition to the user himself, the image file may only be uploaded with their consent. Any other use of the content transferred by the user is only permitted with the user's consent. Under no circumstances does the content represent the opinion of the provider and the provider does not adopt it as its own.
(3) Users can post their own events on the site. For this purpose, the corresponding input mask can be used to post content and draw attention to the event. The operational announcement and invitation management as well as the payment function and collection of receivables for an event may be carried out by the third-party provider doo (www.doo.net). The terms and conditions of doo apply accordingly and must be accepted when setting up an event. The user is solely responsible and liable for the organization, implementation, conclusion and follow-up of the event. Furthermore, the user carries out the event at his own responsibility and expense. The provider is released from any rights and obligations in connection with this event. In particular, he is not liable for any third-party claims against the organizer. The points listed under 4 apply to the posting of content.
(4) Every user undertakes not to use the website to publish textual or pictorial content or to transmit messages that are or whose posting is
(5) Should the Provider become aware of a breach of the above provisions, it is entitled to remove any content that does not comply with these agreements at its own discretion. The Provider shall not be liable for any delay or failure to remove such content. If users use content that is removed, they hereby agree to its deletion and waive any claims against the provider.
§ 6 Limitation of warranty
By using the website www.bvmw.de, the provider does not guarantee and does not warrant that
It is further understood and accepted that:
No information or advice, whether express, implied, oral or written, obtained by the User from the Provider or any resource offered by the Provider shall create any warranty, guarantee or other condition beyond those expressly set forth in this User Agreement.
The provider is not liable for the continuous and uninterrupted availability of the online offer or any loss or damage caused by an interruption of any kind.
§ 7 Copyrights/trademarks/intellectual property rights
All content and materials available on www.bvmw.de and other BVMW websites as well as any drawings, sketches, and other technical documents such as samples, catalogs, flyers, images, etc. including but not limited to text, graphics, images, files, website names, coding, photographs and logos, as well as the full content of all publications, remain at all times the intellectual property of the provider and are protected by applicable copyright and trademark laws. The website user has no right to further utilize this entire work. The BVMW logo is a registered trademark of the provider. The brand name and specific services of the provider on this website are also registered under copyright law. Redistribution or reproduction of parts of this website or its content is prohibited, including such forms as framing or other similar or other processes, without the express written consent of BVMW. Any unauthorized use, including but not limited to the reproduction, redistribution, display or transmission of any content on this website or trademarks is prohibited unless specifically authorized by the provider. It is not permitted to reproduce the BVMW logo or BVMW trademark without the written permission of the provider.
Disclaimer: This text is a translation from the German original text. In case of doubt, the German text shall prevail.