The “My MFG” section of the platform provides a personalised, interactive area for which the user must register separately.
Separate additional conditions apply to some areas of the platform. The users will be explicitly made aware of the applicable conditions when registering for these areas. Such specific conditions then take priority over these conditions when using the services in question.
(1) These Terms apply exclusively; any terms conflicting or differing from these Terms will not be accepted.
(2) These Terms apply to the entire platform including all areas incorporated within it and those yet to be incorporated.
§ 2 Registration
(1) Registration is not required for passive use of the platform, but registration as a user is a requirement for active participation in the platform in particular. There is no entitlement to registration. If MFG accepts a user’s registration request, a free user agreement comes into force between the respective registered user and MFG. Users are not permitted to transfer the user agreement to a third party. Multiple registrations are prohibited.
(2) There is no legal right to have registration accepted.
(3) Any person over the age of 16 who agrees with these Terms may make a registration request by completing the platform registration form.
(4) The registration process requires the user to enter a valid email address, user name, title, first name and last name and select a password. Every user agrees to provide correct and complete information during the registration process and, in particular, to avoid infringing the rights of a third party. Infringement of third party rights includes the use of personal information or other data belonging to a third party without his or her consent, eg name or email address.
(5) Users agree to ensure that the password selected during the registration process is kept confidential and not disclosed to a third party. Registered users are obliged to inform MFG immediately in the event of loss or unauthorised use of their login information. MFG will not share with any third party the password selected during the member account registration process and will not ask for the password to be disclosed by telephone, email or via internal communication channels.
(6) Registered users are responsible for keeping confidential any login details (particularly the password) that they have chosen or that have been issued to them and are liable to MFG for any damages arising as a result of a culpable breach of this obligation to exercise due care.
§ 3 Costs
(1) Registration and use of the platform are free.
(2) MFG reserves the right to impose a charge for the use of certain services on the platform at any time. The users will be informed of this as and when necessary. MFG also reserves the right to introduce a reasonable amount of advertising.
§ 4 Right of Cancellation for Consumers
(1) Right of cancellation
The following provisions apply to consumers as defined by § 13 of the German Civil Code (BGB):
The user may cancel his or her registration in writing (eg by letter, fax or email) within two weeks without stating a reason. The two-week period begins when membership is activated by MFG, but not before receipt of this information.
The period begins on receipt of this information in written form, but not before conclusion of the agreement and also not before our duty to provide information is fulfilled pursuant to § 312c para. 2 of the German Civil Code (BGB) in conjunction with § 1 para. 1, 2 and 4 of the German Civil Code InfoV (BGB-InfoV). Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation should be sent to: MFG GmbH, Breitscheidstraße 4, 70174 Stuttgart, Germany or by email to email@example.com.
(2) Early expiry of the right of cancellation
The user’s right of cancellation expires before the end of the two-week cancellation period pursuant to § 312d para. 3 of the German Civil Code (BGB) if MFG has begun to provide the services with the express approval of the user or if the user himself/herself has initiated these services.
(3) Consequences of cancellation
In the event of valid cancellation the services received by either party are to be returned and any benefits received from them (eg interest) to be refunded in accordance with statutory provisions.
If the user is wholly or partially unable to return to MFG the services received or can do so only in a deteriorated state, he or she must provide compensation for the loss of value. The user must fulfil his or her obligation to refund payments within 30 days of dispatching the declaration of cancellation.
§ 5 User-Generated Content
(1) Users may post text, images and other content (“content”) on the platform as part of the services offered.
(2) The public representation of individual users is created from data provided by the users for their profiles and allows their participation on the platform. The user himself/herself decides how his/her user profile should be displayed. MFG merely uses the data provided for creating a profile and uses a standard profile template for all users.
(3) Users are fully responsible for all content posted in this context. MFG will not check any information provided by users for content, accuracy or compliance with the law prior to its publication.
(4) Users themselves decide which photographs should be used for their profiles and make these available to MFG for membership purposes. Participants agree not to post any photographs containing pornographic, offensive, racist or abusive images in their profiles or on the platform. MFG does not carry out any advance checks concerning individual content. Photographs provided by users for their profile pictures are used by MFG only for creating individual user profiles and will not be shared with a third party.
(5) Registered users’ uploaded content will be stored only for the purpose of operating the platform.
However, the user agreement does not cover the provision of storage space or other means of saving content in the interests of users uploading such content. MFG is entitled to delete content at any time without prior notice – for example, due to capacity limits or because it is no longer current – without this giving rise to claims from users. Users themselves are responsible for backing up any content to which they require permanent access.
§ 6 Copyright
(1) Users agree to comply with existing copyright legislation when creating their profiles and any other content. In particular, users agree to use only their own text, photographs and videos or those with the appropriate rights for publication.
(2) By submitting text, images or other content, the user agrees to grant MFG the geographically unlimited, perpetual right to use the content exclusively as part of and/or for the purposes of the platform, in particular offering it to other users to access, store and print. Within the scope necessary in connection with the uses listed in the previous sentence, MFG may adapt, reproduce, distribute, make publicly available, broadcast and otherwise make use of the material. Material submitted may also be presented editorially, highlighted and rated as part of platform activities.
§ 7 Contributions
(1) The rule of polite and respectful interaction between users applies. Users may not violate statutory prohibitions and public morality or infringe the rights of a third party (eg name, ownership, copyright, data protection, publicity rights, etc) by way of material made available to others through the platform. Users are in particular forbidden from distributing content, directly or indirectly, that is pornographic, that is harmful to minors, that glorifies violence or incites others, or that instigates criminal acts or offers instructions to do so, or to infringe the political, ideological or religious beliefs of a third party. MFG’s decisions and guidelines are binding for users; they will be used to decide which conduct or content is in breach of the principles mentioned above.
(2) The following selected examples of content and actions may not be published on the platform and/or distributed or performed. MFG reserves the right at its own discretion to monitor and undertake appropriate action against anyone violating this condition. This also includes deleting the content and immediately excluding the user from the services on the platform. Forbidden content and forbidden actions include but are not restricted to the following:
- clearly offensive content and that which supports right wing extremism, racism, fanaticism, hate or physical violence of any kind against any group or individual;
- harasses another person or encourages harassment;
- supports sexual or violent exploitation of others;
- supports information that is incorrect or misleading and advocates illegal activity or behaviour that is offensive, threatening, obscene, defamatory or libellous;
- supports criminal activities or intentions or contains instructions concerning illegal activities;
- advertisements for products or services and/or the use of data for distributing advertisements (eg spam);
- any excessive promotional use of the platform without the consent of MFG or its official representatives.
(3) MFG will not carry out any advance checks on individual content contained in the contributions posted.
(4) When using the platform, no user may transmit any data or save any data on an MFG data medium that could, due to its type or properties, size or number, affect the operation of the MFG computer systems, or that of associated companies or third parties or breach their rights (eg viruses, trojans, spam emails, etc).
(5) Extracting, storing or passing on personal data belonging to other users for purposes other than using the platform according to the Terms and Conditions is forbidden. Users are required to treat in confidence any information that becomes known to them about other users or the content of any communications, unless it has already been published by the person entitled to do so.
(6) In addition, MFG may exercise its rights as laid out in § 8 as soon as it becomes aware of a violation of these or any statutory provisions.
§ 8 Administrative Regulations
(1) MFG reserves the right to partly or completely suspend operation of the platform temporarily for administrative purposes. MFG is entitled to completely shut down or expand sections of the platform so that the network can be constantly improved in line with user requirements. Users have no right to have the range of functions available at the time of registration maintained.
(2) MFG is also entitled to temporarily restrict the available functionality in order to deal with violations effectively. In particular, such restrictions include temporary or permanent suspension and/or exclusion of individual areas or users.
(3) Inappropriate content reported by users will be checked by MFG and, if found to be inappropriate, may be deleted immediately without consulting the user responsible for posting it.
§ 9 Cancellation and Deactivation of User Accounts
(1) Both the user and MFG are entitled to cancel the user agreement at any time with a notice period of one day, with cancellation taking place at the end of the calendar week.
(2) Furthermore, MFG may take the following measures if there is clear evidence that a member is breaching statutory provisions, third party rights or these conditions, particularly §§ 5-8, or if MFG has any other legitimate interest, in particular the protection of other members from fraudulent activities:
- warning members
- restricting/limiting use of the platform
- temporary blocking of account
- permanent blocking of account
In deciding which action to take, MFG will take into account the legitimate interests of the user concerned, in particular whether there is any indication he or she may not be responsible for the breach.
(3) Both parties’ additional rights to extraordinary cancellation are expressly reserved. In particular, MFG is entitled to extraordinary termination of the user agreement without prior notice and to deactivate the account if these user agreement conditions are subject to serious or recurring breaches by the user.
§ 10 Disclaimer
(1) MFG accepts no liability for information and data of third parties. This applies in particular to completeness, accuracy, freedom from third party rights and compliance with legal provisions or other binding regulations.
(2) MFG is otherwise liable only insofar as it, its vicarious agents and/or its legal representatives are guilty of wilful or grossly negligent behaviour. This shall not apply if material obligations of the agreement are breached by MFG, its vicarious agents and/or legal representatives.
(3) In the event of ordinary negligence, liability on the part of MFG and/or its vicarious agents and legal representatives is precluded for financial loss in respect of indirect damages, particularly consequential harm caused by a defect, unforeseeable damages or untypical damages.
(4) MFG accepts no liability for the functioning of the systems provided. In particular, no responsibility shall be accepted for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, breakdowns in communication and unauthorised access to, or theft, destruction or alteration of, users’ contributions. MFG is not responsible for problems or technical faults relating to telephone networks or lines, online systems, servers or providers, computer equipment and software or for malfunctions caused by technical problems or data jams affecting the Internet and/or one of the services, or a combination thereof. MFG also accepts no liability for the transmission and/or timely transmission of information, data, emails and other messages.
§ 11 Place of Jurisdiction
(2) The place of performance is Stuttgart.
(3) The place of jurisdiction for merchants as defined by the German Commercial Code (HGB) is Stuttgart.
(4) German law applies, to the exclusion of private international law and the UN Convention on CISG incorporated into German law.