PSA.PAGE®- License Terms
General terms and conditions
General license conditions for the internet platform PSA.PAGE®.
Platform PSA.PAGE® a service of PSA.PAGE® GmbH
Fireman Bostel 3
D-29303 Bergen/Eversen
Email: office@psa.page
Tel.: +49 (0)5054 359 982 2-00
Fax: +49 (0)5054 359 982 2-99
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Status: 01 April 2021
§ 1 Scope and right of amendment
§ 2 Registration and conclusion of contract
§ 3 Subject matter of the contract in general
§ 4 Type and scope of services, provision of services and further developments
§ 5 Legality of and responsibility for content and indemnification claim
§ 6 Removal of content and blocking of accesses
§ 7 Remuneration, prices and terms of payment as well as price adjustments
§ 8 Duties to cooperate
§ 9 Liability for defects
§ 10 Granting of rights
§ 11 Liability
§ 12 Reference indication
§ 13 Offsetting and right of retention
§ 14 Commencement and term of contract, termination
§ 15 Obligations upon and after termination of the contract
§ 16 Text form
§ 17 Severability clause
§ 18 Place of Jurisdiction and Choice of Law
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§ 1 Scope and right of amendment
1. the PSA.PAGE® GmbH (in the following “PSA.PAGE”) operates under the Domain PSA.PAGE and/or PPE.PAGE beside a free Internet forum /Portal a market place (in the following also “platform”) approximately around the topic PSA, industrial safety & industrial safety.
Via this platform, companies can use fee-based services from PSA.PAGE, i.e. in particular create job offers, product advertisements and/or image pages and link them to the Internet. These General Terms and Conditions of Licensing apply to all contracts between the Customer and PSA.PAGE, the subject of which is the temporary provision of services of the PSA.PAGE platform/marketplace via a telecommunications connection (hereinafter also: Application). Deviating, supplementary or contradictory terms and conditions of the Customer, which PSA.PAGE does not expressly acknowledge, are not binding for PSA.PAGE, even if PSA.PAGE does not expressly object to them. The General Terms and Conditions of Licensing shall also apply if PSA.PAGE executes the Customer’s orders without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.
(2) These General License Terms shall also apply to all future business relations of PSA.PAGE with the Customer or its legal successor, which have as their object the temporary provision of services of the PSA.PAGE platform via a telecommunications connection by PSA.PAGE, even if they have not been expressly agreed upon again.
3. PSA.PAGE is authorized to change these General License Terms at the beginning of each renewal period (see § 14). If PSA.PAGE intends to do so, the Customer will be notified of the changes in writing at least six weeks before they become effective. The customer shall have a special right of termination at the time the changes take effect. If the customer does not give written notice of termination within six weeks of receipt of the notice of change, the changes shall become part of the contract at the time they take effect. PSA.PAGE shall expressly draw the Customer’s attention to these consequences in each case in the notice of change.
§ 2 Registration and conclusion of contract
1. the use of the services of the platform of PSA.PAGE requires the registration. This may only be done by natural persons with unlimited legal capacity on behalf of entrepreneurs. Consumers, minors, persons with limited legal capacity as well as legally incompetent natural persons are not allowed to register. PSA.PAGE is entitled to reject registrations and contract offers without giving reasons.
By filling out and submitting the web form, the customer makes an offer for the time-limited use of certain services of the marketplace PSA.PAGE, including these license conditions.
3. the registration data must be provided completely and accurately. The customer will receive a confirmation of receipt by e-mail immediately after registration. Within this framework, PSA.PAGE accepts the Customer’s offer, if applicable.
4. each customer may register only once.
5. the customer undertakes to make changes to his registration data without delay.
6. contract languages are german and english.
7. these license conditions, i.e. the contract text, is stored by PSA.PAGE and is permanently accessible on the platform.
8. the use of the services of the platform of PSA.PAGE requires the collection of certain personal data from the Customer, inter alia, within the registration process). The use of this data is expressly in accordance with the provisions of the DSGVO. This includes data collection for the purpose of establishing and implementing a contract, or for the performance of services or for the implementation of pre-contractual measures. Further information can be found in the information sheet on data collection.
9. by agreeing to these GTC, the Customer expressly declares to PSA.PAGE its consent to the processing and use of its personal data by PSA.PAGE for the purpose of customer communication and contract performance. This consent can be revoked at any time with effect for the future. The personal data will not be used for other purposes or passed on to third parties without the prior consent of the customer.
§ 3 Subject matter of the contract in general
The subject matter of contracts under these General License Terms is the provision of services of the platform PSA.PAGE and the procurement of corresponding time-limited rights of use.
2. PSA.PAGE offers the temporary use of services of the Marketplace via a tele-communication connection including the connection of the content generated by the use of the services to the Internet for a limited period of time for the term of the contract against payment.
§ 4 Type and scope of services, provision of services and further developments
1) PSA.PAGE holds the platform and the contractually agreed services ready for use by the Customer on a central data processing system or several data processing systems (hereinafter also referred to as “server”) as of the contractually agreed date. There is no transfer of applications. The transfer for the contractual services of PSA.PAGE is rather the router exit of the data center used by PSA.PAGE, in which the server on which the marketplace and the services are provided by PSA.PAGE is hosted by the data center operator. The connection of the customer to the Internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required on the part of the customer is not the subject of the respective contract covered by these General License Terms.
In addition, PSA.PAGE allows the customer to access the application documentation associated with the services. Printed application documentation is neither owed nor subject of the services of PSA.PAGE.
For this purpose, PSA.PAGE grants the Customer the simple, spatially unrestricted right, limited in time to the respective term, to use the marketplace in the form of the contractually agreed services for its own operational purposes. For the avoidance of doubt, if PSA.PAGE provides new versions, updates or upgrades of the Applications during the term of the respective Agreement, the foregoing right of use shall apply to them in the same manner. However, the Parties agree that – except for the purpose of remedying defects – PSA.PAGE is entitled but not obliged to update Services, unless otherwise agreed.
The applications are protected by copyright. All further rights to the applications including their copies remain with PSA.PAGE without prejudice to the statutory minimum rights of use according to § 69 d and e UrhG. The granting of sublicenses by the customer is not permitted. The rights granted to the Customer accordingly are not transferable without the consent of PSA.PAGE.
The functionalities of the marketplace of PSA.PAGE result exclusively and conclusively from the functional description communicated at the time of the conclusion of the contract and are known to the Customer at that time.
4. in the course of any further development of the PSA.PAGE marketplace, partial functions may be changed or omitted.
This shall have no effect on the existence of the respective contract and its term, as long as the achievement of the purpose of the contract is not jeopardized for the customer.
Unless otherwise agreed, configurations, implementations, parameterizations, instructions, trainings, adaptations, service and support etc. as well as other additional services which are not expressly defined as subject matter of the contract shall not be part of the contractual services.
§ 5 Legality of and responsibility for content and indemnification claim
1. PSA.PAGE does not adopt the contents posted by the respective customers as its own, but merely provides technical possibilities for the creation and transmission of contents. In particular, PSA.PAGE does not review the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
2. the customer is fully responsible for the content posted by him. He is himself obliged to comply with the applicable laws and in particular to ensure that his content is lawful and that it does not infringe the rights of third parties. In particular, the customer is prohibited from the following actions:
– the posting, distribution, offer and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;
– the use of content that insults or defames other participants or third parties;
– the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
– the dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
– Harassing other participants, e.g., by making multiple personal contacts without or in opposition to the other participant’s response, and encouraging or supporting such harassment;
In addition, the customer is obligated to the following in particular:
– To design the content to be created by him in accordance with the relevant legal requirements in the area of the intended distribution and, in doing so, to observe in particular the relevant competition, copyright, trademark, patent, name and labeling law requirements as well as other industrial property rights and personal rights of third parties.
– To ensure compliance with applicable obligations, in particular with regard to provider identification, distance selling, electronic commerce and data protection.
The Customer indemnifies PSA.PAGE from all claims of third parties due to infringement of their rights by content posted by the Customer. For this purpose, he shall also bear the costs of the necessary legal defense by PSA.PAGE, including all court and attorney’s fees. This shall not apply if and to the extent that the customer is not responsible for the infringement.
§ 6 Removal of content and blocking of accesses
1. PSA.PAGE reserves the right to refuse the posting of content and/or to edit, block or remove content that has already been posted without prior notice if the posting of the content by the Customer or the posted content itself is objected to as unlawful and is not obviously lawful or if there are concrete indications of unlawfulness. PSA.PAGE will, however, take into account the legitimate interests of the Customer and choose the mildest means and give the Customer – as far as possible – the opportunity to comment in advance.
2. in the case of obvious violations of the law, PSA.PAGE is entitled, upon request, to provide information about the registration data of the customer who posted the content in question on the marketplace.
3. in the event of a serious breach by the Customer of its obligations under these License Terms, in particular under the foregoing § 5 Legality of and Responsibility for Content and Indemnification Claim of these Terms of Use, PSA.PAGE is entitled to terminate the contractual relationship for good cause and without notice. If the Customer is responsible for the violation, he is obliged to compensate PSA.PAGE for the resulting damage.
4. in order to guarantee the best possible representation, PSA.PAGE reserves the right, in the event of incorrect representation of products, to delete these after brief information by e-mail or to deactivate the view. It’s in your best interest, too.
§ 7 Remuneration, Prices and Terms of Payment and Price Adjustment
1. the remuneration for the services to be rendered for the granting of use shall result from the respective contractual documents. It depends on the components booked in each case.
2 All prices and price quotations are exclusive of the statutory value added tax.
Unless otherwise agreed, only the services expressly specified in the respective contractual documents are included in the prices. Costs of configurations, implementations, parameterizations, instructions, trainings, adaptations, service and support, etc. shall be remunerated separately, subject to other agreements, just as other additional services that are not expressly defined as the subject of performance. If the Customer makes use of such services of PSA.PAGE, they shall be remunerated according to the general price list applicable at the time of the order, the generally applicable hourly rates of PSA.PAGE, unless otherwise agreed.
4. in order to compensate for increased personnel and other costs, PSA.PAGE has the right to change the prices and remunerations for the respective contractual services. However, such a price change is permissible at the earliest 12 months after conclusion of the contract and only once a year. PSA.PAGE will notify the Customer in writing of the changes at least six weeks before they take effect. In the event that the customer does not accept the price increase, he is entitled to terminate the contract in its entirety with one month’s notice to the end of the calendar month. In the event of termination, the prices that have not been increased shall apply until the termination takes effect.
§ 8 Duties to cooperate
The Customer undertakes to actively support PSA.PAGE in the provision of the Services free of charge and to the best of its ability. He undertakes in particular:
1. should there be any disruptions in the use of services, to inform PSA.PAGE of this immediately;
2. to keep the access data to the platform (user name, password) secret and not to make them accessible to third parties; it is the responsibility of the Customer to ensure that the user name does not violate the rights of third parties, in particular name and trademark rights, and does not offend common decency; the Customer is aware that PSA.PAGE will not ask for passwords at any time;
3. should he receive indications that his registration has been misused by third parties, to inform PSA.PAGE about this immediately;
4. refrain from collecting or otherwise accessing the content of other customers by means of automated mechanisms (e.g. boots or robots);
5. refrain from collecting and storing information of other customers without their consent;
6. to refrain from spreading viruses, Trojans and other harmful files when posting content on the platform and when communicating with other participants;
7. refrain from sending chain letters, junk or spam mail;
8. to refrain from distributing and/or publicly reproducing content available on the platform, unless he/she is expressly permitted to do so by the respective author or is expressly made available as a functionality on the platform;
9. to refrain from any action that is likely to interfere with the smooth operation of the Platform, in particular to place an excessive load on the systems of PSA.PAGE;
10. to take reasonable precautions in the event that the applications do not work properly, in whole or in part, by thoroughly testing them for their usability for the intended purpose prior to their operational use;
11. to provide PSA.PAGE in good time with all information, documents and data which are required or helpful for the execution of the contract;
12. to obtain the necessary consent from the respective data subjects, insofar as personal data is collected, processed or used when using the application and no legal grounds for permission apply;
13. to make regular backups appropriate to the importance of the Data and to make its own backups to enable the reconstruction of the Data and Information in case of loss, without prejudice to any obligations of PSA.PAGE to make backups.
14. to treat all personal data of interested parties or users or third parties transmitted by PSA.PAGE confidentially and in accordance with the provisions of data protection law within the meaning of the DSGVO. In particular, contact data such as address and e-mail addresses may be used exclusively for the fulfillment of contracts and services and may only be passed on to third parties (e.g. suppliers) for this purpose. The use of this data for other purposes (e.g. advertising etc.) is expressly not permitted. At the same time, PSA.PAGE assures the Customer that the personal data transmitted for the purpose of fulfilling the contract and services has been collected from interested parties or users or third parties in accordance with the provisions of the DSGVO.
§ 9 Liability for defects
1. PSA.PAGE shall be liable for defects in the contractual services exclusively in accordance with this § 9.
(2) A defect shall be deemed to exist if the suitability for the contractual use is nullified or not insignificantly reduced. If the suitability for the contractual use is completely cancelled, the customer shall be released from the payment of the remuneration until the defect has been remedied. In the event of partial unsuitability, the remuneration shall be reduced to an appropriate level for the period until the defect is remedied.
3. the Customer shall immediately inform PSA.PAGE in text form of any defects that have occurred.
4. the Customer shall support PSA.PAGE free of charge in the elimination of the defects as far as possible and reasonable and shall in particular provide PSA.PAGE with all necessary information. provide all necessary documents, data, etc. that PSA.PAGE requires to analyze and eliminate the defects.
(5) The customer shall not be entitled to claim damages due to a defect in the contractual services existing at the time of the conclusion of the contract or occurring later due to a circumstance for which the provider is not responsible.
§ 10 Granting of rights
Unless otherwise agreed, the Customer may not transfer individual rights under this Agreement or the Agreement as a whole to third parties unless PSA.PAGE expressly consents thereto. PSA.PAGE will grant consent if legitimate interests of the Customer in the transfer of rights outweigh the legitimate interests of PSA.PAGE in not transferring the rights.
§ 11 Liability
1. PSA.PAGE does not provide any guarantees regarding the availability, reliability, functionality or suitability of the Portal for specific purposes. Liability is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of a contract and compliance with which the contracting parties may regularly rely on. Compensation for damages due to breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence.
2. the aforementioned limitation of liability also applies to the representatives, employees and vicarious agents of PSA.PAGE.
§ 12 Reference indication
The Customer agrees that PSA.PAGE may use it in connection with the contractual applications of the
names or describes PSA.PAGE to a reasonable extent for its own advertising purposes and using the company logo/brand name
of the customer provides corresponding reference information.
§ 13 Offsetting and right of retention
The customer shall only be entitled to rights of set-off and retention if his claim, on which he has based the right of set-off or
right of retention is based on the same contractual relationship concluded under these license terms.
§ 14 Commencement and term of contract, termination
1. the respective contract begins on the day of the conclusion of the contract. The minimum term is specified in the respective contract documents.
The contractual relationship may be terminated by either party at the earliest at the end of the minimum term with a notice period of two calendar months. Otherwise, the contract shall be extended by the agreed term in each case and may then also only be terminated with two calendar months’ notice to the end of the respective extension period.
3. the right to terminate for cause remains unaffected. The right of the customer to terminate the contract without notice if the contractual use of the rental object is not granted or withdrawn in whole or in part in due time is excluded (§ 543 para. 2 item 1 BGB). 4. all notices of termination under the respective contract must be in writing.
§ 15 Obligations upon and after termination of the contract
1. PSA.PAGE undertakes to delete / have deleted the data stored by the Customer at the earliest one month after the termination of the respective contractual relationship.
2. the customer is responsible for exporting any application data still required by him after termination of the contract. However, PSA.PAGE will provide him with appropriate support in this regard upon request. Corresponding support services shall be provided on a fee-for-service basis and shall be remunerated separately.
§ 16 Text form
Amendments or supplements to contracts concluded under these General License Terms must be made in text form. This
also applies to the waiver of this text form requirement.
§ 17 Severability clause
Should any provision of these Terms of Participation and Use be or become invalid, the legal validity of the remaining provisions shall remain unaffected.
other provisions shall remain unaffected.
§ 18 Place of Jurisdiction and Choice of Law
If the user is a merchant, a legal entity under public law or a special fund under public law, Celle shall be the place of jurisdiction for all legal disputes arising from and in connection with this contractual relationship. The right to also appeal to the court at another statutory place of jurisdiction shall remain unaffected.
2. the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods and to the exclusion of the laws on private international law. Mandatory provisions of the state in which the user has his habitual residence remain unaffected.
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PSA.PAGE- Terms of use
General Terms of Use for the Internet Forum PSA.PAGE
Internet forum PSA.PAGE a service of PSA.PAGE GmbH®.
Fireman Bostel 3
D-29303 Bergen/Eversen
Email: office@ppe.page
Tel.: +49 (0)5054 359 982 2-00
Fax: +49 (0)5054 359 982 2-99
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Status: 01 November 2020
§ 1 Subject of the Terms of Use, Scope and General
§ 2 Changes to the Terms of Use
§ 3 Registration and conclusion of contract
§ 4 Duties of the user
§ 5 Responsibility for content and claim for exemption
§ 6 Removal of content and blocking of accesses
§ 7 Right of use
§ 8 Data/evidence backup
§ 9 Changes of services
§ 10 Liability
§ 11 Termination
§ 12 Severability clause
§ 13 Place of Jurisdiction and Choice of Law
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§ 1 Subject of the Terms of Use, Scope and General
1. PSA.PAGE GmbH (hereinafter referred to as “PSA.PAGE”) operates under the domain PSA.PAGE or PPE.PAGE, among other things, an Internet forum (hereinafter also referred to as “Portal”) on the subject of PPE, occupational health and safety, through which the duly registered users can contact and communicate with each other. Users may access the content available on the Portal and use the other services currently available on the Portal within the scope of their respective availability. In particular, users can participate in specific interest groups or create their own public or closed groups on specific topics.
2. these terms of use regulate the provision of the services of the internet forum by PSA.PAGE and the use of these services.
3. the use of the internet forum is free of charge – with the exception of the internet connection costs. On the platform / marketplace of PSA.PAGE, companies can take advantage of other paid services of PSA.PAGE.
4. a claim to the use of the services available on the portal exists at most within the framework of the technical and operational possibilities at PSA.PAGE. This endeavors to ensure that the usability of its services is as uninterrupted as possible. However, temporary restrictions or interruptions may occur, for example, due to technical malfunctions, interruptions in the power supply, hardware and software errors, etc..
5. the portal and its functions may not be misused. The Portal may only be used within the scope permitted by law and in accordance with these Terms of Use. In the event of legal violations or violations of these Terms of Use, PSA.PAGE reserves the right to exclude users from use.
§ 2 Changes to the Terms of Use
PSA.PAGE reserves the right to change these Terms of Use at any time with effect also within existing contractual relationships. PSA.PAGE will notify the User of such changes at least 30 calendar days before the changes are scheduled to take effect. If the user does not object within 30 days of receipt of the notification and continues to use the services even after the expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the event of an objection, the contract shall be continued under the previous terms and conditions. In the change notification, PSA.PAGE will inform the User of his right to object and of the consequences.
§ 3 Registration and conclusion of contract
1. posting content on the internet forum requires the registration of the user. This may only be done by natural persons with unlimited legal capacity. Minors, persons with limited legal capacity as well as legally incompetent natural persons are not allowed to register. PSA.PAGE is entitled to reject requests for participation without giving reasons.
2. representation in registration is not allowed, so a natural person may not register another person.
By filling out and sending the web form, the user makes an offer to participate in the Internet forum, including these contractual terms.
4. the registration data must be complete and accurate. The user will receive a confirmation of receipt by e-mail immediately after registration. In this context, PSA.PAGE accepts the User’s offer, if any.
5. each user may register only once.
6. the user undertakes to make changes to his registration data immediately.
7. contract languages are german and english.
8. these terms of use, i.e. the text of the contract, is stored by PSA.PAGE and is permanently accessible in the portal.
§ 4 Duties of the user
1. the user will keep the access data to the forum (username, password) secret. It is the responsibility of the user to ensure that the user name does not infringe the rights of third parties, in particular name and trademark rights, and does not offend common decency. The password must be kept secret by the user and must not be made accessible to third parties. He knows that PSA.PAGE will not ask for passwords at any time.
2. should the user receive indications that his registration was abused by third parties, he has to inform PSA.PAGE immediately about it.
3. registrations may not be used for third parties or by third parties.
4. the user will not use the internet forum for direct commercial or business purposes. In particular, he will refrain from advertising in any form whatsoever via the Internet forum, from making commercial offers or from sending messages that serve direct commercial purposes. The use and indication of chargeable service telephone numbers is prohibited.
5. the user refrains from collecting or otherwise accessing the content of other users by means of automated mechanisms (e.g. boots or robots).
6. the user refrains from collecting and storing information of other users without their consent.
7. the user refrains from spreading viruses, trojans and other harmful files when posting content on the portal and communicating with other participants.
8. the user refrains from sending chain letters, junk or spam mails.
(9) The User shall refrain from distributing and/or publicly reproducing any content available on the Portal, unless expressly permitted to do so by the respective author or expressly provided as functionality on the Portal.
10) The User shall refrain from any action that may interfere with the smooth operation of the Portal, in particular by placing an excessive load on the systems of PSA.PAGE.
§ 5 Legality of and responsibility for content and indemnification claim
1. PSA.PAGE does not adopt the contents posted by the respective users as its own, but merely provides technical possibilities for the transmission of contents. In particular, PSA.PAGE does not review the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
2. the user is fully responsible for the content posted by him. He is himself obliged to comply with the applicable laws and in particular to ensure that his content is lawful and that it does not infringe the rights of third parties. In particular, the user is prohibited from the following actions:
– the posting, distribution, offer and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;
– the use of content that insults or defames other participants or third parties;
– the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
– The dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (explicitly or implicitly in each case);
– Harassing other participants, e.g., by making multiple personal contacts without or in opposition to the other participant’s response, and encouraging or supporting such harassment;
The User indemnifies PSA.PAGE from all claims of third parties due to infringement of their rights by content posted by the User. For this purpose, he shall also bear the costs of the necessary legal defense by PSA.PAGE, including all court and attorney’s fees. This shall not apply if and to the extent that the user is not responsible for the infringement.
§ 6 Removal of content and blocking of accesses
1. PSA.PAGE reserves the right to refuse the posting of content and/or to edit, block or remove already posted content without prior notice, provided that the posting of the content by the participant or the posted content itself is objected to as illegal and is not obviously lawful or concrete evidence of illegality exists. However, PSA will take into account the legitimate interests of the user and choose the mildest means.
2. in the case of obvious violations of the law, PSA.PAGE is entitled, upon request, to provide information about the registration data of the User who posted the content in question on the Internet forum.
3. PSA.PAGE reserves the right to block the access of users and to delete their user account together with all posted content and data.
§ 7 Right of use
The User declares and warrants to PSA.PAGE that he/she is the sole owner of all rights to the content posted by him/her in the Internet forum, or is otherwise entitled (e.g. by an effective permission of the rights holder) to post the content in the portal and to grant the rights of use and exploitation under this §.
By posting content, the User simultaneously grants PSA.PAGE the following simple, non-transferable, temporally and spatially unrestricted free-of-charge rights of use for use in the PSA.PAGE Internet forum for this content:
– the right of reproduction, i.e. the right to make reproductions, whether temporary or permanent, by what process and in what number, as well as the transfer to a device for repeatable reproduction;
– the distribution right, i.e. the right to offer the original or reproductions to the public or to put them into circulation;
– the right of making available to the public, i.e. the right to make the work available to the public by wire or wireless means in such a way that members of the public can access it from places and at times of their choice, i.e. in particular also via the Internet;
– the archiving and database right, i.e. the right to record the contents in any known or unknown form, in particular also digitally, to store them on any data carriers and to place them in databases.
§ 8 Data/evidence backup
1. PSA.PAGE is not obligated to store content posted by users in the Internet forum.
2. the user is responsible for saving, securing and archiving the contents and information placed on the internet platform of PSA.PAGE.
§ 9 Changes of services
PSA.PAGE is entitled at any time to change services provided free of charge on the Portal, to make new services available free of charge or against payment, and to discontinue the provision of free services. PSA.PAGE will in each case take into account the legitimate interests of the users.
§ 10 Liability
1. PSA.PAGE does not provide any guarantees regarding the availability, reliability, functionality or suitability of the Portal for specific purposes. Liability is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of a contract and compliance with which the contracting parties may regularly rely on. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence.
2. the aforementioned limitation of liability also applies to the representatives, employees and vicarious agents of PSA.PAGE.
§ 11 Termination
The user contract runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons.
§ 12 Severability clause
Should any provision of these Terms of Participation and Use be or become invalid, this shall not affect the legal validity of the remaining provisions.
§ 13 Place of Jurisdiction and Choice of Law
If the user is a merchant, a legal entity under public law or a special fund under public law, Celle shall be the place of jurisdiction for all legal disputes arising from and in connection with this contractual relationship. The right to also appeal to the court at another statutory place of jurisdiction shall remain unaffected.
2. the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods and to the exclusion of the laws on private international law. Mandatory provisions of the state in which the user has his habitual residence remain unaffected.
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