ALLPLAN CAMPUS PORTAL Conditions of Use
§ 1 Scope
The following conditions of use for the ALLPLAN CAMPUS PORTAL in their then current version are valid when requesting pages and services with and without registration or login by the user. Access and use of the services is the object of these conditions of use.
These user conditions apply to all offers on the portal, unless in individual cases separate conditions apply, as well as for all extensions and changes. Through using the portal or the services offered, the user accepts these conditions of use. Divergent, contrary or supplemen-tary general terms and conditions of business or use are not applicable. Purely as a precau-tion, the application of such conditions of use is contradicted in advance.
Use of the portal and the services offered therein are free of charge to the user.
The user is required to register for the use of specific services. In this case, the user is obli-gated to provide truthful, accurate, current and complete information about his person ac-cording to the information required by the relevant registration form and to update this data if necessary so that it remains truthful, accurate, current and complete. If this obligation is vi-olated, the operator is entitled to block the user from use of the services temporarily or per-manently.
§ 2 User base
Use of the content and service offerings on the ALLPLAN CAMPUS PORTAL is aimed at students and lecturers in the fields of architecture and civil engineering or related studies and training courses. It is a precondition for use of the portal that the user provides suitable proof that he belongs to the group of persons named. Commercial or freelance use of the available content and services by the user or a third party is not permitted. Contraventions of usage will lead to a suspension of user’s access and will be legally pursued.
§ 3 Usage
A prerequisite for the use of the ALLPLAN CAMPUS PORTAL is online access to the inter-net. Dialing in to the internet may be associated with dial-up or telephone costs from the pro-vider concerned.
Use of the content and services is free of charge, unless reference is made to a charge in the respective service. The operator explicitly reserves the right to introduce a charge for individ-ual services.
§ 4 Responsibility for Content
The operator of the ALLPLAN CAMPUS PORTAL strives to ensure that the content, informa-tion and services published on the portal are accurate, complete and up-to-date. Neverthe-less, the operator can assume no guarantee or liability whatsoever for the completeness and accuracy of the content or services placed there.
Content made available for use by the operator is to be distinguished from links to content made available by other suppliers; to that extent therefore “third-party content” is also made available for use through links. The operator is only responsible for this third-party content in cases in which he has positive knowledge of it and where it is technically possible and rea-sonable to prevent its use. Links, however, are always “living” (dynamic) references. The op-erator of the ALLPLAN CAMPUS PORTAL has checked the third-party content on first linking to it to see whether it would give rise to any possible civil or criminal responsibility. But he is not obligated by law to regularly check the content his own offering links to for changes that may create new responsibilities. Only when he first notices or it is brought to his attention that a link he has made available to specific material triggers civil or criminal responsibility shall he remove the link to this offering, insofar as doing so is technically possible and rea-sonable.
Publishing content of the following type in the forum is prohibited: slander, false claims, ab-usive criticism, boycott calls of any type, account numbers, private addresses and tele-phone numbers, links to pages with illegal or legally questionable content, commercial ad-vertisements. Articles of this type will be removed without further inquiry and the user banned from further use of the portal (§ 6 of these user conditions).
§ 5 Obligations of the user
The user may not use the content and services offered on the portal either commercially or in a freelance capacity; likewise, he may not make the content and services accessible to a third party for commercial or freelance use. Furthermore, he is obligated to observe the law and to refrain from using the offers and services on the ALLPLAN CAMPUS PORTAL for illegal purposes.
User activities aimed at changing the content and services on the ALLPLAN CAMPUS POR-TAL, and/or rendering them unusable or at hindering, complicating or delaying their use, are forbidden and may result in civil or criminal legal action by the operator. In particular, users are prohibited from installing files with executable programs or scripts (e.g. in CGI, Perl or PHP format), from installing or spreading so-called junk or spam email, viruses, worms or Trojans etc., from carrying out email bombing or denial of service attacks or from distributing copyrighted works without authorization (e.g. software, mp3 files, audio or image formats).
The user is obligated to compensate the operator for any damages that result from an in-fringement of the obligations referred to or the rights of third parties; this also includes indirect damages and property damages. The user indemnifies the operator against all third-party claims that may result from this infringement.
§ 6 Suspension of use
The operator is entitled to suspend the user’s access to the offers and services upon in-fringement of these conditions of use or upon a well-founded suspicion of such an infringe-ment without further indication or grounds.
Articles that infringe applicable law, morals, common decency or the rights of third parties, or that have suggestive, indecent or abusive content will be deleted without comment and the user may be blocked from using the forums or deleted completely.
If a user violates the conditions of use listed, his user account and the links established by him may be completely deleted without providing information pertaining to the cause even when the access has been restored, as in the case of a temporary suspension.
§ 7 Deletion of content and articles
The operator expressly reserves the right to delete content on the portal and contributions on the forum without providing particular details about the reasons. A claim to preserve the portal contents and forum articles is not warranted. However, as a rule forum articles will only be deleted if liability to the operator could result from them.
There is no claim with regard to deletion of stored articles. Insofar as an article permits, an unambiguous reference to the author, the deletion or anonymization of the respective article can be requested.
§ 8 Data security / Data protection
The internet is a publicly accessible system. The release of the user’s information on the in-ternet takes place at the user’s own risk. Data may be lost or fall into the hands of
unauthorized persons. Despite this, the operator guarantees that the program-related infor-mation made available within his systems will be protected according to customary standards and legal regulations.
The operator will observe the legal data protection regulations. User data will be handled confidentially. Onward transmission to third parties shall only take place insofar as this is permitted by the data protection regulations or agreed to by the user.
The forum software saves so-called 'cookies' on the user’s computer. The data stored there improves the usability of the forums, for example by showing new articles since the last visit or saving the username and password, insofar as the user wishes this.
For each forum article, as well as the name and email address, the IP address will also be saved. Email and IP addresses are only visible to the operator’s employees, however.
§ 9 Private Messages
Users have the possibility of sending messages via the forum software. In the process, the sender does not learn the receiver’s address. To prevent misuse, the operator reserves the right to check these messages. Therefore messages are not anonymous.
§ 10 Guarantee and liability disclaimer
Use of the portal takes place at the user’s own risk. The operator assumes no guarantee for the accuracy and completeness of the content stored on the portal pages by him. The opera-tor shall not be liable for any possible damages that may arise through use of the portal; in particular, he shall not be liable for the suitability for the user’s purposes of the information and services made available. Responsibility for use of the information and services made available lies with the user. In addition, the operator does not guarantee the constant availa-bility of the portal and its content and assumes no liability for server outages or other events that restrict the availability of the portal wholly or in part as well as temporarily or completely.
The portal operator hereby expressly distances himself from the contents of all websites linked to from this portal. Responsibility lies with the operator of the respective site alone. The operator assumes no responsibility whatsoever for this content. This declaration applies both to links in the portal and links submitted by users on the forums.
Many articles in this forum contain expressions of opinion as well as outbound links. The op-erator is not responsible for the content of individual third-party articles, unless something else is indicated by a special response to the individual article.
For the rest, the operator shall only be liable for damage claims limited to the amount of con-tract-specific, foreseeable damage for damage resulting from a casually negligent violation of contractual duties or core obligations (1st alternative) and for damages caused deliberately or through gross negligence by ordinary proxies of the operator (2nd alternative).
The user is obligated to immediately indicate to the operator in writing or by email any possible damages in the sense of the preceding liability regulations, so that the operator is informed at as early a date as possible and may, together with the user, possibly carry out damage limitation or reduction. This notwithstanding, the user is also obligated to carry out damage limitation measures.
§ 11 Copyright, Usage and Trademark Rights
The layout and design elements of the website, the graphics and images used as well as the text of the ALLPLAN CAMPUS PORTAL are protected by copyright law. Any copying of the text, images and graphics as well as text made available on this website to other electronic or print publications, regardless of whether the use is for personal or teaching purposes, requires the written permission of the operator or author. The author’s copyright remains unaffected. Usage rights remain with the issuer and may not be transferred to third parties without written permission.
By placing an article in a portal forum, the user grants the operator an unlimited, irrevocable and transferable right to use the respective article, which entitles the operator to any form of use or exploitation. In particular, articles may be used for marketing purposes as well as by other Nemetschek companies and sales partners.
The operator strives to respect copyrights of all graphics and text used in all publications or to make use of license-free graphics and text. All of the brands and trademarks named in the internet offering and, if applicable, protected by third parties, are subject without limitation to the regulations of the valid trademark law in each case and the ownership rights of the regis-tered owner. A mere mention does not allow the conclusion to be drawn that trademarks are not protected by the rights of third parties.
§ 12 Cancellation / Cessation / Alteration of the Services
The operator is not obligated to perform the services free of charge; the operator of the ALLPLAN CAMPUS PORTAL reserves the right to redesign the portal pages at any time or to cease operation of the portal without replacement.
The services of the operator develop continuously and can therefore change from time to time – so, for example, individual functions or features may be added or taken away.
The operator can also suspend the portal, individual content elements and/or services either temporarily or permanently, for example for technical or legal reasons. Insofar as possible, in particular in relation to the permanent cessation of the portal, [or of] an individual service for business purposes, the operator will inform the user about the forthcoming cessation within the scope of the respective service and, insofar as it concerns a service that enables man-agement of personal content, taking the respective interests of the user into account, will grant the user adequate time to safeguard them.
Damages or other claims against the operator by the user as a consequence of the temporary or permanent suspension of the operation of the portal or individual services are excluded.
§ 13 Changes to these conditions of use
These general conditions of use may be changed by the operator at any time without naming the reasons, unless this is unreasonable for the user. The current conditions are always stored on the portal pages. The user is therefore required to inform himself regularly about the current conditions of use. Should the user not be in agreement with the changed conditions of use, he must immediately cease to use the portal and its services. Further use of the portal is considered agreement to the change in the conditions of use.
§ 14 General legal provisions/ Severability clause
The preceding conditions govern the use of the portal conclusively. Collateral usage agree-ments do not exist and incidentally require written form.
The law of the Federal Republic of Germany applies, excluding UN purchasing law.
The place of fulfillment is the head office of the operator; the legal court of jurisdiction applies.
Should a clause of these conditions of use be or become ineffective in whole or in part, the remaining clauses shall remain unaffected thereby. The ineffective clause shall be considered replaced by an effective clause that comes as closely as possible to fulfilling the business purpose of the ineffective clause. The same applies to any possible unintended omissions.