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Article 1. Definitions
1.1 Information: all information placed on the Platform by itself, including – but not limited to – the layout and look and feel of the Platform, the logos and trademarks as well as texts.
1.2 Intellectual Property Rights: any and all intellectual property rights and associated rights such as copyrights, trademark rights, patent rights, model rights, trade name rights, database rights and neighbouring rights as well as the rights to know-how and one-line performances.
1.3 Platform: the online environment maintained and offered by us, which enables a community to interact with each other on https://thaterrormessage.com including all underlying domains and web pages, as well as mobile versions of the https://thaterrormessage.com. At this time, our Platform is built on and run on https://www.phpbb.com/.
1.4 Profile: an individual section created and maintained by you when you register for the Platform.
Article 2. Applicability
Article 3. Availability
3.2 You accept that the functionalities of the Platform may change.
3.3 Error Messages is entitled to put the Platform (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of https://thaterrormessage.com this is necessary, for instance, for maintenance of the Platform.
3.4 Error Messages does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur as a result of failures in the internet or phone connection or by viruses or faults/defects. Error Messages is not liable or obliged to users to pay compensation in any way whatsoever for any damage resulting or arising from the us being (temporarily) unavailable.
3.5 Error Messages is at any time entitled to change, alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by https://thaterrormessage.com, your only remedy is to cease the use of the Platform and to delete your Profile.
Article 4. The Platform
4.1 Error Messages offers a Platform where anyone can create an account profile and post. In addition, Error Messages may allow posting without an account
4.2 Error Messages accepts no liability whatsoever for the content offered by you or other users by means of the Platform.
4.3 Error Messages may contain links to third party sites that are not owned or controlled by Error Messages. Error Messages has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites.
Article 5. Profile
5.1 In most cases, users can create a Profile in the way described on the Platform. When creating a Profile, you must give an email address and password which will allow you to access the Platform and your Profile.
5.2 You are only allowed to use the Platform when aged sixteen (16) or older. In the event that you have not yet reached the age of sixteen (16), you accept that you need the consent of your legal representative(s) (your guardian or (one of) your parents) before creating a Profile and/or taking out a subscription.
5.3 You are responsible for maintaining secrecy with regard to your registration details. As soon as you know or have reason to assume that your username and/or password has come into the hands of unauthorized persons, you must inform Error Messages of this, without prejudice to your own obligation to take immediate effective measures yourself such as changing your password. You accept and acknowledge that you are at all times responsible and liable for the use of the Platform by third parties via your Profile.
5.5 You acknowledge and agree that by creating a Profile your user name, university and (if provided) profile picture are visible to the Internet if you post and place comment.
Article 6. Your obligations and use of the Platform
6.1 You may not resell, distribute, or in any other way make profit of the Platform.
6.4 You are not permitted to use the Platform for a purpose as listed below:
6.4.1 which is unrelated to the purpose of Error Messages;
6.4.2 as your own work if it is not, as this is in breach of copyright.
6.4.3 which, at the discretion of Error Messages, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
6.4.4 in which personal data of others is made available, other than in compliance with applicable law;
6.4.5 which contains scrapers, spiders, viruses, Trojan horses, worms, bots or other software which can damage or delete the Platform or make it unusable or inaccessible, or which or which is intended to circumvent technical protection measures of Error Messages, the Error Messages and/or the computer systems of https://thaterrormessage.com;
6.4.6 which infringes the rights of Error Messages and/or third parties, including but not limited to intellectual property rights or rights concerning the protection of privacy;
6.4.7 which qualifies as or transmits unwanted or unsolicited Content or content (spam);
6.5 Error Messages reserves the right, without prior notice, to abridge, alter, refuse and/or remove content and/or comments by you if this is necessary in Error Messages opinion, without this resulting in any liability.
Article 7. Intellectual property rights
7.3 The collection of Information, that is collected by Error Messages and displayed on the Platform is a legally protected database. Error Messages is the producer of the database and therefore has the exclusive right to grant permission for i) the extraction or re-utilization of the entirety or a substantial part, from a quantitative and/or qualitative point of view, of the contents of the database and ii) the repeated and systematic extraction or re-utilization of non-substantial parts, from a quantitative and/or qualitative point of view, of the contents of the database, in so far as this is in conflict with the normal operation of the database or causes unjustified damage to Error Messages lawful interests. You may only request or reuse data from the database if and in so far as this is permitted under these Terms and Conditions.
7.4 You retain all Intellectual Property Rights to your content. By making availablE Content via the Platform you automatically grant Error Messages a free, unencumbered, global, non-exclusive, perpetual and irrevocable license to use this Content in connection with the Platform and for the Platform’s marketing and/or promotional purposes. This license does not end when you remove your Profile and/or you discontinue the use of the Platform.
7.5 You hereby waive your moral rights to Content, in so far as applicable and in so far as possible.
7.6 You warrant that there are no (Intellectual Property) Rights of third parties which preclude you from making the Content available through the Platform and/or providing the license.
Article 8. Indemnities and warranties
8.3 Error Messages does not guarantee (i) the Platform’s fitness for a particular purpose or that the Platform shall meet any of your requirements, (ii) that the Platform shall be available to you at all times and without interruptions or disturbances; (iii) that the Content and Information on the Platform is accurate, up to date or complete.
Article 9. Notice of alleged unlawful Content Content & repeat infringers
9.1 Error Messages respects the (Intellectual Property) Rights of others and takes the protection of (Intellectual Property) Rights seriously. Although Error Messages is not liable for any damages in connection with the (illegal) use of the Platform, Error Messages will, under the conditions as set out in this Article, remove content that is (are) infringing and/or unlawful and stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
9.2 If you claim that certain content infringes on your (Intellectual Property) Rights, you can report this alleged infringement to Error Messages by notifying our Copyright Agent via firstname.lastname@example.org. We will examine the notice and, if possible and necessary, take the measures stated in this article.
9.3 Error Messages reserves the right to not grant a request to remove content or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interest requires this. In such a situation, Error Messages can require a court order from a competent court, to demonstrate that the Content or the activity is manifestly unlawful.
9.4 Prior to removal of any alleged unlawful content, Error Messages may request and the notifying party shall provide, additional information substantiating that the notifying party is indeed the rightsholder, and Error Messages may request and the notifying party shall provide, a signed copy of an indemnification declaration for Error Messages.
9.5 Error Messages will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification.
9.6 Error Messages has a policy of terminating accounts of users who repeatedly and intentionally infringe the Intellectual Property Rights of others.
9.7 The notifying party indemnifies Error Messages against all claims of third parties in relation to the blocking or removal of content or the stopping of activities as a result of the notification. The indemnification includes all damages and costs Error Messages suffers, could suffer or which Error Messages must incur in relation to such a claim, including but not limited to the compensation of legal assistance.
9.8 Error Messages respects and protects the privacy of those who provide notifications. All personal data that it receives as part of a notification will only be used to process the notice.
9.9 Error Messages reserves the right to forward the notice to the users responsible for the content to which the notice refers.
Article 10. Liability
10.1 Error Messages accepts no liability whatsoever for damages resulting from the provision of the Platform, including damage resulting from or in connection with the use of the Platform or from wrongful acts or otherwise, in so far as this is permitted pursuant to mandatory law.
10.2 In the event that Error Messages – despite the above – is liable, this liability is limited to direct damages the user suffers as a result of a shortcoming or wrongful act that can be attributed to Error Messages. Direct damage only includes content damage to goods, reasonable costs incurred to prevent or limit direct damage and reasonable costs incurred to determine the cause of the damage. Error Messages shall in no event be liable for any special, incidental or consequential damages whatsoever (“indirect damages”), including – but not limited to – loss and/or damage of data, loss of profits and lost sales, is excluded.
10.3 Error Messages liability is in any case limited to the highest of the following amounts: (i) the amount actually paid by Error Messages insurance company, or (ii) $ disclosed amount.
10.4 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Error Messages or its managers (“own actions”).
Article 11. Force Majeure
11.1 In the case of force majeure, the non-fulfillment of the agreement between you and Error Messages cannot be counted as an attributable failure and Error Messages is released from all contractual obligations and liability.
11.2 Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Platform, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by Error Messages, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances.
Article 12. Termination
12.1 You are entitled to discontinue your use of the Platform and to terminate your Profile.
12.2 You accept and acknowledge that any content posted by you beforehand, will in principle remain accessible via the Platform.
Article 13. Miscellaneous