Terms of Use - Projektwelt

Scope

1.1 These terms shall apply for the use of the internet-based Projektwelt of the Stiftung Deutsch-Russischer Jugendaustausch gGmbH, Mittelweg 117b, 20149 Hamburg (hereinafter referred to as „DRJA“) by the User.


1.2 For the use of Projektwelt these Terms of Use shall exclusively apply in its version effective during the period of the contract conclusion. DRJA shall not approve of any deviating terms of the Users, unless it explicitly has agreed to its validity.

Service Description

2.1 DRJA provides with Projektwelt to its Users an internet-based platform in connection with the German-Russian youth and student exchange activities, by which the Users may organise and realise ideas concerning the German-Russian exchange alone or within a group, may inspire other actors of the youth and student exchange and may share news.


2.2 Projektwelt is intended for Users, who have a personal connection to the German-Russian youth and student exchange, in particular those who have participated or have been attendants, who presently participate or are planning to do so and who at least have reached an age of 10 years.


2.3 DRJA takes all efforts to give access to Projektwelt to all Users daily 24 hours and on seven days per week. Temporary operational breakdowns, in particular due to usual maintenance works, system-immanent failures of the Internet as well as in case of force majeure, however, are possible. Therefore, Users have no claim as to a constant, uninterrupted accessibility to Projektwelt. No particular availability shall be claimed.

Costs

3.1 For the use of Projektwelt DRJA does not charge a fee. 3.2 Internet connection costs might accrue to the User when using Projektwelt, which are dependent on the individual contract of the User or any other contracts. Consequently, they shall not be subject to these terms.

Registration (Conclusion of Contract)

4.1 Upon registration the contract between the User and DRJA shall become effective.


4.2 For registration the User after having clicked on the menu item „Registration“ or „now register“ on the Website of Projektwelt at least has to truthfully fill out the mandatory fields of the form.


4.3 Entries into the form may at any time be corrected, amended or deleted by the User until sending. Should the information given do not fulfill the requirements, the User shall receive a respective notification. By clicking on the field „register“ the User makes a binding request with repect to the conclusion of the contract for the use of Projektwelt. Hereby registration is finalised and the form will be dispatched to DRJA. Upon such request the User receives an automatically generated confirmation email addressed to his/her registered email address. With the hyperlink contained in the confirmation email it is possible to fully activate the Users‘ account. By accepting the first login and the providing of the service DRJA accepts the offer.


4.4 Minor Users shall only register with the consent of their legal guardians.


4.5 In case of incomplete or incorrect data in the mandatory fields, in particular in case of a faulty email address, DRJA reserves the right to delete the respective User’s account. In such case the User, however, shall be entlited to create a new User‘s account with complete and correct input of his/her data.


4.6 Conclusion of contract as well as the communication with DRJA can presently be made in the German, Russian and Ukrainian language.


4.7 Within the scope of the registration the User shall have to accept these Terms of Use and may log in to read them. They may be saved through the „Save“ function of the Webbrowser and be printed through the „Printer“ function of the Webbrowser. Apart from the Terms of Use no contractual wording is saved. At the same time they will be sent to the User within the scope of the registration process to the email address indicated by him/her. These terms will be provided on the Internet page of Projektwelt in its respective current version.

Rules of Conduct of the Users, Release

5.1 The Users undertake to a respectful, objective and relevant dealing within Projektwelt. Groups and projects in Projektwelt shall at any time show a recognizable connection to the German-Russian youth and student exchange.


5.2 Within the scope of the use of Projektwelt the Users will adhere to the individual effective legal provisions. Photos of third persons or photos showing third persons shall only be inserted, if these third persons have given their consent thereto. In case of minor Users the consent of their legal guardians has to be obtained.


5.3 In particular the Users are prohibited to

  • insert wording, without being legally authorised to do so;
  • insert legally protected wording (for example protected by the copyright, trademark, patent, design or utility patent law) or to advertise products or services under legally protected trademarks, to offer or to distribute them, wihout being authorised to do so;
  • insert racist, inhuman, promoting terrorism or countenancing, offending wording, or wording offending against public policy and morality;
  • insert pornographic wording or wording offending youth protection laws or to advertise pornographic wording or wording offending youth protection laws and to distribute;
  • unacceptably molest other Users (in particular with spam);
  • execute anticompetitive actions or to support them, including progressive user advertising (like chain, snowball or pyramid system);
  • execute actions, which are suited to affect the feature of infrastructure used by DRJA, in particular to unduly burden them.

5.4 The Users shall conduct any discussions within Projektwelt solely in a relevant and pertinent way. General political discussions without direct content-related connection to the individual projects/groups and to the German-Russian youth exchange shall be conducted by the Users on the portals provided for this purpose. This shall also apply with respect to the content alignment of the groups or projects within Projektwelt and their respective description.


5.5 In case of breach of the beforestated rules or unlawful conduct within Projektwelt, DRJA at its own discretion shall be entitled to exclude Users temporarily or permanently from the use of Projektwelt (including deletion of the Users‘ account), and, if required, to take further measures, in order to stop infringement. In particular, DRJA shall in such cases be authorised to remove wording without any advance notice.


5.6 Furthermore, the User shall have to release DRJA and its respective representatives of any claims (including reasonable lawyers‘ fees) and to indemnify DRJA and to defend it versus third persons with respect to alleged infringement of these provisions or their rights. In case of a claim by third persons the User undertakes to provide DRJA immediately with all information, which are required for an examination of the third person’s claim.

Notification concerning indecent Wording

6.1 Users have at any time the possibility to notify DRJA about any wording they consider as indecent. The notification can be made in particular by email or through the link provided within Projektwelt for this purpose.

Rules of Conduct and Responsibility of DRJA

7.1 DRJA will only occasionally inspect the communication of the Users within groups/projects, in particular if it has been notified by the group or the project about indecent wording.


7.2 The use of Projektwelt is without any relevance for the processing and approval of applications for fundings received at DRJA and has no influence hereupon.


7.3 From a technical point of view DRJA is uncertain as to whether registered Users are in actual fact such persons they pretend to be. Consequently, DRJA shall not give any guarantee concerning the actual identity of the Users. Each User must convince him-/herself of the identity of the other Users.


7.4 DRJA shall not be responsible for the wording, data and/or information provided by the Users. In particular DRJA shall not guarantee, that these wordings are truthful, fulfill a certain purpose or may serve such purpose.

Duration of Contract

8.1 The User shall at any time be entitled to terminate the membership in Projektwelt without stating any reasons in writing or in textform (for example email) to info@projektwelt.drja.de or by clicking „delete profile“ in the Users‘ account.


8.2 DRJA shall at any time be entitled to ordinarily terminate the membership of Users with a notice period of 14 days in writing or in textform.


8.3 The right of both parties to terminate due to an important reason remains unaffected thereby. An important reason is given for DRJA in particular, if the User breaches these Terms of Use not only irrelevantly or repeatedly, in particular if the User infringes the beforestated rules of conduct for Users.


8.4 The User‘s account and the wording will be deactivated. Upon application of the User in text form to DRJA a complete, irrecoverable deletion of the Users’s account will take place. DRJA reserves the right not to delete wording inserted into Projektwelt, however, the name of the User will be removed. The User, however, can demand the partial or complete deletion of the wording prepared by him/her, if these either infringe the rules of conduct for Users, if a legal duty exists for deletion or if personal rights have excessively been damaged. In such case DRJA reserves the right to create the wording concerned.

Amendment of the Terms of Use

DRJA shall be entitled to subsequently amend these terms, if and to the extent thereby the main characteristics of the contract will not insignificantly be amended (see figure 2). DRJA will inform the User about the amended terms and to clearly highlight the amendments. If the User does not agree to the amendments, he/she shall be entitled to object in writing within a period of six weeks after receipt of the amendment information. If no objection takes place during such period, the amendments are deemed to have been approved. In case of objection, the contract remains unchanged, however, DRJA shall be entitled to make use of its ordinary right of termination, where appropriate. DRJA will explictly point out to the right of objection, the importance of the Users‘ conduct and the resulting legal consequences in the notification.

Applicable Law, Place of Performance and Jurisdiction

10.1 Exclusive German law shall be applied by exclusion of the UN sales law. If the User has its ordinary residence in another member state of the EU, the applicability of these statutory consumer-protecting standards of this state remains unaffected thereby.


10.2 For all present and future claims arising from or in connection with this contract with businessmen, legal persons of public law or public legal special assets, exclusive place of jurisdiction shall be the legal seat of DRJA. The same place of jurisdiction applies, if the User has no general domestic place of jurisdiction, after contract conclusion transfers his/her domestic domicile or ordinary residence or if his/her domicile or ordinary residence was unknown during the time of the filing of the legal complaint. Deviating provisions of Article 17 subsequent EuGVVO (European Convention on Jurisdiction and the Enforcement of Judgements) with respect to place of jurisdiction for consumers remain unaffected thereby.