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Terms of Use Global S4D Community
Use of this website constitutes agreement with the following terms and conditions. *1. Scope of application* 1. The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, 53113 Bonn (‘Operator’), maintains this website (community.sport-for-development.com) as a courtesy to those who can access the site to exchange through S4D (‘Users’). All resources on this website are subject to these terms and conditions. 2. The website provides a platform where topics can be discussed and content can be uploaded and downloaded to promote exchange on S4D topics. 3. These Terms of Use apply between the Operator and the User. By registering on the portal, the User explicitly agrees to these terms and conditions and acknowledges that he/ she has read and understood them. *2. Registration and entry into the agreement* 1. The User must register and set up a user account in order to use the portal. 2. The User is obliged to complete the boxes in the registration form truthfully and correctly. In the event that there is any change to this data after registration, the User shall update the information in his/her user account without delay. 3. Upon registering, the User creates a user name and a password to access the portal (referred to hereinafter as ‘Access Data’). User names are not permitted if their use would constitute an infringement of third-party rights, in particular trademark rights or name rights, or would offend common decency. 4. The User undertakes not to disclose the Access Data and to protect them from access by unauthorized third parties. The User may not allow his/her Access Data to be used by unauthorized third parties. If the User has lost the Access Data or has reasonable cause to suspect that the Access Data are being or could be used by an unauthorized third party, the User is obliged to notify the Operator without delay. The Operator accepts no liability for damage to the User as a result of Access Data being obtained by third parties. 5. By submitting the data in the registration form, the User makes an offer to the Operator to enter into a license agreement for the portal. There is no entitlement to use. The Operator is entitled to refuse user applications without stating reasons. If the Operator accepts the offer of registration by the User, the User will receive a confirmation email with the registration data and an activation link. The license agreement between the Operator and the User will not take effect unless activated by clicking on the activation link. *3. Availability of services* 1. The User is entitled to use the portal only within the technical and operational scope of the Operator. The Operator shall endeavor to ensure that its services are available without interruption where possible. However, technical disruptions (such as power cuts, hardware and software errors and technical problems in the data lines) may cause temporary restrictions or interruptions. *4. Posting of content by the User* 1. Insofar as the functionality is available on the portal, the User may, subject to the following regulations, post content on the portal and hence make it available to third parties in accordance with these Terms of Use. 2. By posting content, the User shall grant the Operator a transferable right to use that content free of charge, in particular: * to store the content on the Operator’s server * to publish the content posted by the User * to grant third parties the right to use the content posted by the User. However, the Operator hereby gives an assurance that content posted by the User will not be published or forwarded to third parties outside the space in which the content has been posted by the User. 3. The User is fully responsible for the content that he/she posts. The Operator does not check the content to ensure that it is complete, correct, lawful, up to date, of adequate quality or suitable for a particular purpose. The User declares and guarantees to the Operator that he/she is the sole holder of all rights to the content that he/she posts on the portal or is otherwise authorized (e.g. by valid permission of the holder of the rights) to post the content on the portal and to grant the rights of use and exploitation pursuant to section 4.2. 4. The Operator reserves the right to refuse to post content and/or to edit, block or delete content already posted insofar as the posting of the content by the User or the posted content itself has led to an infringement of section 7 of this agreement or there is reason to believe that it will lead to an infringement of section 7 of this agreement. In the event that content is edited, blocked or deleted, the User will be asked to provide a statement prior thereto if further information is required in order to assess the material facts or legal position. *5. Prohibited use* 1. The portal may be used solely for non-commercial and legally permissible purposes. 2. Specifically, content of the following kind may not be published on the portal: * content that may infringe third-party rights, particularly copyrights, ancillary copyrights, name and trademark rights, property rights and the general right to privacy; * content that is pornographic, obscene, sexist, defamatory, libellous, racist or offensive to minority or religious groups; * discrimination, defamation or insults; * false claims, abusive criticism, injurious falsehoods or slander; * advertising, including canvassing for a party; * boycott calls of any kind; * private data of other users or other third parties, including members (e.g. address, telephone number, bank details); * links to websites with unlawful content. 3. User activities designed to hinder the functionality of the portal or make it unable to function are not permitted. In particular, measures that can influence the physical and logical structure of the portal are banned. Moreover, when posting his/her own content on the portal and when communicating with other users (e.g. by sending personal messages or taking part in discussion forums), the User is not permitted to carry out the following activities, regardless of whether or not they constitute a violation of the law: * spreading viruses, Trojans and other harmful files; * sending junk or spam emails and chain letters; * harassing other users, e.g. by repeatedly contacting them personally without or despite a reaction from the other user, and encouraging/supporting harassment of this kind. *6. Liability of the User* 1. The User shall indemnify the Operator against all claims, including claims for damages, asserted by other users or other third parties due to an infringement of their rights by the content posted on the portal by the User concerned. The User shall assume all reasonable costs incurred by the Operator due to an infringement of third-party rights, including the costs for the necessary legal defense. The aforementioned obligations of the User do not apply if the User is not responsible for the infringement concerned. Insofar as a User recognizes an infringement through a contribution he/she has posted or has reason to believe that it constitutes an infringement, he/she is obliged to notify the Operator without delay. 2. The User is obliged to provide the Operator with all the information and documents required for legal defense against third parties. *7. Liability of the Operator* 1. The Operator is not liable for damage incurred by the User arising from use of the information provided on the portal or from accessing or downloading data or installing or using downloaded software. This disclaimer does not apply to claims for damages due to injury to life, body or health or claims for damages arising from the violation of material contractual obligations. Material contractual obligations are those that must be fulfilled to achieve the objective of the agreement. The disclaimer also does not apply to liability for damage arising from intentional or grossly negligent violation of obligations by the Operator, its legal representatives or vicarious agents. 2. Some of the content available on the portal is provided by the Operator, and some by other users or third parties. Content provided by users or other third parties is referred to hereinafter jointly as ‘Third-Party Content’. The Operator does not check Third-Party Content to ensure that it is complete, correct and lawful and therefore does not accept any responsibility or provide any guarantee for the completeness, accuracy, legality and up-to-dateness of Third-Party Content. This also applies to the quality of Third-Party Content and its suitability for a particular purpose and to Third-Party Content on linked external websites. *8. Termination and blocking* 1. Both parties are entitled to terminate the license agreement without notice at any time and without stating reasons. 2. After the termination has taken effect, the Operator is entitled to block access by the User and to irretrievably delete all data created in connection with use of the services upon expiry of any statutory time limits for retaining data. For technical reasons, due to the data stored in the cache, the User’s data may still be available for a short period after the User’s account has been deleted. The Operator reserves the right to store personal data in individual cases in order to settle disputes and to prevent users excluded pursuant to section 9.3 from registering again. Claims by the User in this context are ruled out. 3. In the event of an infringement of these Terms of Use, or if there is sufficient reason to suspect such an infringement, or if it has another justified interest, the Operator is entitled to block access by the User temporarily or permanently with immediate effect. Claims by the User in this context are ruled out. The Operator shall inform the User by email about the block and in the event of a temporary block also about the reactivation. Insofar as further information is required to assess the material facts or the legal position, the Operator shall call on the User to make a statement. Permanently blocked access cannot be restored. Permanently blocked users are not permitted to register again using other Access Data or to use the portal in any other way. *9. Changes to the Terms of Use* 1. The Operator reserves the right to modify these Terms of Use at any time without stating reasons. In such event, the User will be informed about the changes directly after the first log-in following the modification. The User may continue to use the portal under the modified Terms of Use only after accepting the modified Terms of Use. Otherwise the User must log out. *10. Applicable law and place of jurisdiction* 1. This agreement is governed by the laws applicable in the Federal Republic of Germany. If the User is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany, the place of jurisdiction is Frankfurt am Main.