Forum Rules innovaphone AG

Preamble

The innovaphone User Community forum serves to exchange information, opinions, thoughts and experience concerning innovaphone IP telephony and UC solutions.

We ask all users to treat each other in a friendly and respectful manner.

Section 1
Scope of application

When using this website, the following Terms of Use govern the relationship between the user and the operator innovaphone AG - hereinafter referred to as Provider. Use of the forum and the community features is only permissible if the user accepts these Terms of Use.

Section 2
Registration, participation, membership in the community

(1) The user must be registered in order to use the forum and the community. Upon successful registration, the user becomes a member of the community.

(2) Users have no legal claim to membership.

(3) Please note that you may not give your password to others. Every forum user is only permitted to access or use the forum by way of his/her own user account details and not the user account details of third parties. Please inform the administrator should you gain access to a password of another user.

(4) Access to the forum is only permitted with an email address that explicitly identifies you as the sender. Access under a false name or use of pseudo e-mail addresses of any kind are strictly forbidden.

(5) It is possible to be granted a user name for the forum (nickname). If this field is not used, the user’s first name will be shown in the forum.

(6) Only one account per forum member is permitted. We reserve the right to delete one or all accounts in case of a double registrations.

Section 3
Provider services

(1) The Provider permits the user to publish contributions on the Provider’s website within the scope of these Terms of Use. Within its technical and economic possibilities, the Provider shall provide the user with a discussion forum including community functions to this end. The Provider shall do its utmost to ensure the service is available. The Provider does not assume any obligations to render services beyond the aforementioned scope. In particular, the user has no legal claim for the service to be available constantly.

(2) The Provider assumes no guarantee that the content provided is correct, complete, reliable, up-to-date and usable.

Section 4
Exclusion of liability

(1) Claims for damages by the user are excluded, unless otherwise stated below. The above-mentioned exclusion of liability also covers the Provider’s legal representatives and vicarious agents if the user asserts claims against them.

(2) Claims for damages based on injuries to life, limb or health and any claims for damages from breach of material contractual obligations are not covered by the exclusion of liability described in (1). Material contractual obligations are defined as obligations the fulfillment of which is essential to reaching the objectives of the contract. Liability for damages caused by willful or grossly negligent violation of duty on the part of the Provider, the Provider’s legal representatives or vicarious agents is also not covered by the exclusion of liability.

Section 5
Duties of the user

(1) The user shall undertake vis-à-vis the Provider to refrain from posting any articles that violate public morality or applicable law. In particular, the user shall undertake not to post any contributions

• the publication of which constitutes a criminal offense or a breach of an administrative regulation;
• that violate copyright, trademark or competition laws;
• that violate the Legal Services Act (Rechtsdienstleistungsgesetz);
• that include defamatory, racist, discriminating or pornographic content;
• that could be degrading, disparaging or slanderous toward other subscribers, the Provider or third parties or their products;
• that include slander or false factual claims;
• that include advertising;
• that feature the characteristics of spam;
• that include links to external websites (except for all domains *.innovaphone.com);
• that offer information on illegal downloads or software subject to license;
• that are written in any language other than English, German, French or Italian;
• that do not serve the purpose of the forum, i.e. the exchange of information, opinions, thoughts and experience concerning innovaphone IP telephony and UC solutions.

All of the limitations described above shall also apply to signatures and user names or nicknames.

(2) In the case of a violation against the obligation in (1), the Provider is entitled to change or delete the relevant contributions and to block the user’s account. The user is obliged to compensate the Provider for any damage inflicted by the breach of duty.

(3) The Provider reserves the right to delete contributions and content if these could include a legal violation.

(4) The Provider may claim to be indemnified by the user against third party claims asserted due to a violation of rights by that user. The user undertakes to support the Provider in the defense against such claims. The user is also obliged to cover the costs of a reasonable legal representation for the Provider.

Users are requested to report violations of these rules by other users to: publicforumadmin@innovaphone.com.

Section 6
Transferring rights of use

(1) The copyright for any contributions posted shall remain with the respective user. However, on posting his/her contribution in the forum, the user grants the Provider the right to keep the contribution on the website and accessible for the public on a permanent basis. The Provider has the right to move contributions within the website and to combine the contributions with other content.

(2) The user is not entitled to request deletion or rectification of contributions created by the user.

(3) Upon creating the contributions, the user agrees to licensing his/her contributions under the following license:
http://creativecommons.org/licenses/by/4.0/

(4) In order to avoid misuse and to prevent fraud, innovaphone AG is entitled to store the IP addresses of forum users.

Section 7
Termination of membership

(1) The user can terminate his/her membership with an appropriate declaration to the Provider without observing a notice period. On request, the Provider shall then block the user’s account. To do this, please contact the Provider at: publicforumadmin@innovaphone.com

(2) The Provider is entitled to terminate a user’s membership without stating the reason, observing a period of two weeks notice to the end of the month.

(3) In case of good cause, the Provider is entitled to block the user’s account immediately and to terminate the membership without observing any notice period. In such case, the user is not permitted to register again without obtaining prior explicit consent by the Provider.

(4) Upon termination of the membership, the Provider is entitled to block the user’s account. In the case of termination of membership, the Provider is entitled but not obliged to delete the content created by the user. The user cannot claim that the content created be relinquished.

Section 8
Amendment or discontinuation of the offer

(1) The Provider is entitled to make changes to the service.

(2) The Provider is entitled to discontinue its service, observing the notice period of two weeks. In the case of discontinuation of the service, the Provider is entitled but not obliged to delete the content created by users.

Section 9
Choice of law and place of jurisdiction

The laws of the Federal Republic of Germany shall govern the contractual relationship between the Provider and the user. The imperative provisions for consumer protection in the country where the user habitually resides shall be exempt from this choice of law.

The place of jurisdiction for all disputes deriving from the Terms of Use between the user and the Provider shall be the seat of the Provider, provided the customer concerned is a business person, a public law entity or public institution special funds.

Section 10
General Terms and Conditions of innovaphone AG

The General Terms and Conditions of innovaphone AG as amended shall govern the contributions provided by the Provider, its legal representatives or its vicarious agents.

Section 11
Severability clause

In the event that a provision in these Terms of Use is or becomes completely or partially invalid or unenforceable, the validity of the remaining provisions of these Terms of Use shall not be affected thereby. In this case, the Provider and the users shall undertake to replace the invalid or unenforceable provision with a provision that best achieves the intended purpose in a legally admissible way. The same applies in the event of a loophole.