Terms and Conditions

(This is an automated English translation of Terms and Conditions. Note the German terms and conditions actually are legally binding and in effect. We apologize for the inconvenience.

§1 Scope

For the use of the website "forum.goingnuts.net" (hereinafter "board" or "forum") of Phobyx GmBH&Co. 256a in 26125 Oldenburg, Germany (hereinafter "us", "our", "Provider" or "Operator"), the following terms and conditions apply.
Deviating or supplementary terms and conditions shall apply to other business areas and products and services provided by us, in particular if such products and services are provided by us via this forum or if we refer to the forum from there.

Use of the forum is only permitted if you as a user accept these terms of use.

§2 Registration, conclusion and subject

1. a prerequisite for the use of the forum is the registration via the appropriate online form. After registering via the online form in the forum, you will receive a confirmation email for verification of your data, which you can use to confirm your registration by mouse click. With the activation of your account by the provider, the board usage contract is concluded (contract conclusion).

The subject matter of the contract is the free use of the forum's functions as an online communication platform. For this purpose, an "account" is provided to you as a user, with which you can post posts and topics in the forum.

There is basically no legal claim to activation or participation in the forum. The unrestricted domiciliary rights of the operator apply.

4) Your forum account may only be used by yourself. Likewise, as the owner of the account, you are responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as user names (nicknames) is not permitted.

The provider will make every effort to offer the service without interruption. Even with all due care, downtimes cannot be excluded in which the web servers cannot be accessed 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 not feasible.

The provider reserves the right to change and extend the content and structure of the platform as well as the associated user interfaces, if this does not impair or only insignificantly impairs the purpose of the contract concluded with the user. The provider will inform the users accordingly about the changes.

The purpose of the forum is to exchange information on the supplier's products and services with the general public. Parts of the forum are expressly not public and access to it requires further contracts (customers of the provider), see also §1, which is intended to cultivate a respectful and peaceful interaction among the users. Unless explicitly stated otherwise, the colloquial language is English as far as possible.

Further rules for the use of the forum are given under the menu item "Rules" in English language.

§3 Obligations as forum user

As a user you agree that you will not publish any postings that violate these rules, good manners or any other applicable German law. In particular, you are prohibited from doing:
  • to publish offensive or untrue content;
  • Sending spam to other users via the system;
  • use protected content without authorization, in particular under copyright and trademark law;
  • to carry out actions that violate competition law;
  • Post your topic several times in the forum (prohibition of double postings);
  • publish articles of third parties in the forum without the author's consent;
  • The use of any kind of advertising in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising, such as linking your own homepage with or without text in the signature or within articles. Homepage URLs and address or contact data may only be published in the user profile of the forum.
  • publish accusations, in particular for violations of the law, against other users or to make unauthorized information of this kind available to the provider (see also §3 para. 4,5 and 6).
2. as a user you undertake to check your posts and topics before they are published to see whether they contain any information that you do not wish or are not allowed to publish. Your contributions and topics can be entered in search engines, for example, and thus become accessible worldwide. A claim against the provider for deletion or correction of such data outside the direct technical sphere of influence of the provider is excluded.

3. In the event of a violation, in particular against the aforementioned rules § 3 para. 1 and 2, the provider may impose the following sanctions against the user irrespective of termination:
  • deletion or alteration of content posted by the user and/or
  • Entitlement to a warning letter or
  • Access to the forum is blocked.
The provider is also entitled to block access to the online platform for you as a user and/or to change or delete the contents posted if there is a reasonable suspicion that you have violated these terms of use. You can avert these measures if you remove the suspicion by presenting suitable evidence at your own expense.

5. if third parties or other users make claims against the provider for possible violations of law, which a) result from the contents 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 the user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for any costs incurred because of the violation. In particular, the provider is exempted from the costs of the necessary legal defence. The provider is entitled to demand a reasonable advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in legal defence against third parties. All further rights as well as claims for damages to the provider remain unaffected. If you as a user are not responsible for the possible violation of the law, the aforementioned obligations do not exist.

6. in fulfilling our obligations and safeguarding its rights, we are especially dependent on references to legal infringements by users. In this context, we do not necessarily have to carry out an examination of potential legal infringements brought to out knowledge before we can take action, in particular also in accordance with §3 Paragraph 3. The provider shall not be entitled to take immediate measures; the provider shall react within a reasonable reasonable period of time. There is also no entitlement to take certain measures or measures at all.

§4 Transfer of Rights of Use

1. the copyright for your topics and contributions, as far as they are capable of copyright protection, remains in principle with you as a user. However, you grant the provider the right to post a topic or contribution to the provider's website on a permanent basis. 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 after the forum account is terminated.

§ 5 Limitation of liability

The provider of the forum does not assume any liability for the contents posted in the forum, in particular not for their correctness, completeness and topicality. The user acknowledges that, in particular, contributions made available under the indication of user names are not caused by us nor do they necessarily reflect our position or intention. About third party posts we can only exercise limited control in accordance with §§3 and 4 within the scope of our knowledge and technical and personal possibilities.

The provider is liable for intent and gross negligence as well as for breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner may regularly rely. The provider is liable for damages which are based on a negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents, limited to compensation of the contractually foreseeable damage which is typical for the contract at the time of conclusion of the contract. The provider is not liable for slightly negligent breach of ancillary obligations which are not essential contractual obligations. The liability for damages which fall within the scope of protection of a guarantee or assurance given by the provider as well as the liability for claims based on the Product Liability Act and damages resulting from injury to life, limb or health remains unaffected by this.

§ 6 Term / termination of the contract

This agreement is concluded for an indefinite period of time.
Both parties may terminate this agreement without notice.

After termination of this agreement, the provider is entitled to block access for the user. The provider is entitled but not obliged to delete the contents created by you as a user in case of termination. A claim by you as the user to the transfer of the created contents is excluded.