§ 1 Scope of application

The following terms and conditions apply to the use of the FunProgramming forum of Michael Heseler (hereinafter referred to as "Provider").

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

§ 2 Registration, Conclusion of Contract and Subject Matter

  1. the prerequisite for using the forum is the registration via the corresponding online form. After registering via the online form in the forum, you will receive a confirmation email to verify your data, with which you can confirm your registration by mouseclick. With the activation of your account by the provider, the free forum usage contract comes into effect (conclusion of contract).
  2. subject matter of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you as a user will be provided with an "account" with which you can post contributions and topics in the forum.
  3. there is basically no legal claim to activation or participation in the forum. The unrestricted house right of the operator applies.
  4. your forum account may only be used by yourself. As the owner of the account you are also responsible for the protection against its misuse. Your access data must therefore be protected against access by third parties. The use of trademarked words and internet addresses as user names (nicknames) is not permitted.

5) 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 that are beyond the provider's control (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.

6 The provider reserves the right to change and expand the content and structure of the platform and the associated user interfaces if this does not or only insignificantly affect the fulfilment of the purpose of the contract concluded with the user. The provider will inform the users accordingly about the changes.

7th sense and purpose of the forum is a "market of opinions" directed to the public. It is therefore among the users a peaceful and respectful interaction without offensive hostility should be maintained.

§ 3 Duties as a forum user

1) As a user, you agree that you will not publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited from doing so,

to publish insulting or untrue contents;
send spam to other users via the system;
to use legally protected content without authorization, in particular by copyright and trademark law;
to perform anti-competitive activities;
posting your topic multiple times in the forum (ban on double postings);
to publish press articles of third parties in the forum without the consent of the author;
to advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, linking your own homepage with or without contribution text in the signature or within contributions. Homepage URLs and address or contact data may only be published in the user profile of the forum.

  1. as a user you commit yourself to check before publishing your contributions and topics whether they contain information you do not want to publish. Your contributions and topics can be entered in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.

3) In the event of a violation, in particular of the aforementioned rules § 3 para 1 and 2, the provider can, regardless of a termination, also impose the following sanctions against the user:

Deletion or alteration of content that the user has posted,
Saying a warning or
Blocking access to the forum.

  1. if third parties or other users make claims against the provider due to possible violations of the law, which a) result from the contents posted by you as a user and/or b) result from the use of the services of the provider by you as a user, you as a user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible violation of the law. In particular, the provider is released from the costs of the necessary legal defense. The provider is entitled to demand an appropriate 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 the legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not exist.

§ 4 Transfer of rights of use

  1. the copyright for your topics and contributions, as far as they are copyrightable, remains basically with you as user. However, you grant the provider the right to keep the topic or contribution permanently on his web pages when you post a topic or contribution. Furthermore, the provider has the right to delete, edit, move or close your topics and contributions.
  2. the aforementioned rights of use remain in force even in the event of termination of the forum account.

§ 5 Limitation of liability

The provider of the forum does not assume any liability for the content posted in the forum, especially not for its correctness, completeness and topicality.

  1. 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 is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for the typical contractual damage foreseeable at the time of conclusion of the contract, for such damage which is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider shall not be liable for slightly negligent breach of secondary obligations that 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, body or health shall remain unaffected.

§ 6 Duration / Termination of the contract

  1. this agreement is concluded for an indefinite period.
  2. both parties may terminate this agreement without notice.
  3. if the user deletes his account or has his account deleted (termination of the agreement), his public statements, in particular contributions in the forum, remain visible to all readers, but the account is no longer accessible and marked "guest" in the forum. All other data will be deleted. If the user wishes his public contributions to be deleted as well, he may inform the provider of this when requesting deletion.