Conditions for the use of personalised web services of the Goethe-Institut e.V.
The Goethe-Institut e.V. ('Goethe Institute') makes personalised web services (called 'Services' in the following) available to its internet users ('Users'). These contain, in particular, a personal start page and further communication, shopping and learning functions. Some of these Services, such as the personalised start page, run under the designation 'Mein Goethe.de'.
Making use of these Services is basically free of charge unless expressly stated otherwise, but requires the User to register.
The following General Conditions of Use ('Conditions of Use') apply for the use of all Personalised Web Services offered by the Goethe Institute. They are recognised as binding by the User when he registers.
3. Registration / Identity
3.1 As part of his registration to use the Services, the User has always to provide true, up-to-date and complete information about his own person as required in the Registration Form.
3.2 A User must ensure that his password is not made accessible to other people; in particular, he may not give it to others.
3.3 The User may not deceive the Goethe Institute or other Users at any time with regard to his identity. Deceit with regard to identity may be, for example, pretending to be another natural person or legal entity or using protected brand names belonging to third parties.
3.4 If a User provides untrue, inaccurate, incomplete or false information or is deceptive about his identity, Item 9 shall apply.
4. Data Protection
Data protection is covered by the provisions of the separate Data Protection and Consent Declaration for the Internet. Reference is made to this herewith.
5. Users' obligations / Rules of behaviour
5.1 Every User bears the responsibility for all activities which take place under his login.
5.2 The User undertakes to note and comply with the valid laws of the Federal Republic of Germany. In particular, the User may not upload or disseminate any abusive, racist, pornographic, or discriminatory content or content which glorifies violence or which is offensive in any way (texts, images, links, etc.). This also applies for contents which violate the proprietary rights of third parties, such as, in particular, copyright and/or trade mark rights. In addition, all Users must follow the general rules of common decency.
5.3 Furthermore, Users must treat each other with mutual respect. Users may not use the Services to threaten other Users or third parties, to annoy them, injure them in any other way, deceive them or damage their reputations or business. It is annoying in particular if a member makes contact with another in order to pay him unwanted attention or to disturb him in any other conceivable way. The Goethe Institute will not allow members to be annoyed in any way at all.
5.4 Users bear sole responsibility for their content and possible consequences of any content published. By publishing content within the scope of the Services provided by the Goethe Institute, the User gives his assurance that he is the holder of all rights necessary to do this. The User also accepts that any content uploaded can also be seen by external Users.
5.5 The User may not use the Services for commercial purposes; in particular, the incorporation of advertising in all forms (graphics, links, etc.) without the prior express, written approval of the Goethe Institute is forbidden in all cases. In the event of advertising that is incorporated in violation of this clause, the Goethe Institute expressly reserves the right to take legal action.
5.6 A "Private Notification" ('PN') represents a direct communication between two individual Users which cannot be viewed or read by other Users. Users are not allowed to publish Private Notifications that they have received from other Users or sent to them without their permission.
5.7 If a User is witness to a violation of these Conditions of Use by other Users, he is obliged to inform the administrators by e-mail at kdf.goethe.de.
5.8 Violations of these Conditions of Use are not allowed and may result in particular in termination of the User's right of use by the Goethe Institute without notice in accordance with Item 9.
6.1 The Goethe Institute has no control over content and statements prepared and made accessible by Users. Such content is published online automatically and the Goethe Institute cannot always monitor all of such content immediately. The Goethe Institute is therefore not responsible for the correctness, security and legality of the contents provided by Users.
6.2 The Goethe Institute is entitled at any time to delete or reject certain content from Users. This applies in particular for content which violates these Conditions of Use or about which a complaint may be made for other reasons.
The Goethe Institute is furthermore entitled to check, change, save and forward to third parties any content uploaded by Users if this is required by law or if it is regarded as a duty and is necessary and legally allowed, in order
- to fulfil statutory provisions or provisions laid down by the courts or authorities,
- to enforce these Conditions of Use,
- to react to the assertion of a violation of rights by third parties,
- to safeguard the rights, the property or the personal safety of the Goethe Institute, its Users or the public,
- to identify or rectify technical problems and to react to complaints, or
- to implement security measures against virus or hacker attacks or other comparably harmful applications or files.
6.4 The Goethe Institute is entitled to translate User contributions and to publish the translation.
6.5 The Goethe Institute is entitled to publish User contributions additionally at locations other than the original within its web or print services.
7. Right to undisturbed possession / Exclusion of users
7.1 The sole right to undisturbed possession, and especially the right to exclude particular Users, rests with the Goethe Institute and with its administrators and moderators.
7.2 In the case of Users who violate these Conditions of Use or behave in ways which seem likely to disturb the peace within the framework of the Services, or to adversely affect its reputation and/or other values, the Goethe Institute can warn, bar or restrict such Users and/or terminate their right of use; this may be without notice and without making any prior contact with such Users.
7.3 The decision regarding whether to take action and the nature of the action is to be made by the Goethe Institute.
8. Discontinuation / Disruption of operation
8.1 The Goethe Institute reserves the right at any time to change, interrupt or discontinue, temporarily or permanently, all or part of the Services, especially 'Mein Goethe.de', with or without informing Users.
8.2 The User may stop using the Services at any time and have his registration and registration data deleted for any reason whatsoever.
8.3 The Goethe Institute points out to the customer that, because of the technical conditions of the internet, it cannot be guaranteed that all Services can be accessed or called up at all times.
9.1 The Goethe Institute is entitled to terminate any usage relationship with a User without notice on an extraordinary basis and thus both to exclude the User in question with immediate effect from using the Services, especially 'Mein Goethe.de', and to delete his registration data and all information and files connected therewith as soon as a User violates these Conditions of Use or there is any justified suspicion of such violation. This also applies if a registered User has not used the Services for any length of time.
The User states that he agrees that any interruption in his access in accordance with the provisions of this Agreement can be carried out without prior notification. Furthermore, the User states that he agrees that the Goethe Institute cannot be made liable to the User or to third parties for the ending of such access.
9.2 If the usage relationship was terminated on an extraordinary basis by the Goethe Institute, the User in question may only register again for these Services, especially 'Mein Goethe.de', after receiving the prior written agreement of the Goethe Institute.
9.3 A User may not help another User whose usage has been terminated on an extraordinary basis by the Goethe Institute or whose access has been limited or blocked to obtain, via his login or using his login, access again to the Services requiring registration, especially 'Mein Goethe.de', once the User's access has been stopped.
9.4 Normal termination of use is possible at all times subject to one week's notice.
10. Guarantee / Liability / Release from Liability
10.1 The Goethe Institute takes no liability for User activities and contents of Users which are disseminated within the scope of the Services, nor do these represent the opinion of the Goethe Institute.
10.2 The Goethe Institute does not guarantee that the Services will meet the requirements of the User and will be available at all times without interruption, promptly, reliably and without faults. The Goethe Institute does not undertake any guarantee as regards the results which can be achieved through the use of the Services, nor as regards the correctness or reliability of the information obtained. The Goethe Institute also does not guarantee that the hardware and software operated by it will work without faults at all times or that any faults in the hardware or software will be corrected.
10.3 Advice or information which the User may receive as part of the Services will not form the basis for any guarantee on the part of the Goethe Institute, unless this has been expressly agreed in writing with the Goethe Institute.
10.4 The Goethe Institute is not liable for the behaviour or Users or other third parties or for contents or statements and links to other web sites which are forwarded by Users or other third parties within the scope of the Services. The Goethe Institute is also not liable for damage arising from the use or impossibility of use of the Services.
10.5 The User states that he agrees that the Goethe Institute does not accept any responsibility or liability for the deletion of data or for the fact that these are not saved in relation to news, any communications or other contents which are entered and transmitted within the scope of the Services.
10.6 The User is obliged to indemnify the Goethe Institute against claims by third parties of any type whatsoever, arising from the illegality of contents which the User has published within the scope of the Services, especially 'Mein Goethe.de'. This indemnity obligation also includes the obligation to hold the Goethe Institute harmless from legal defence costs (e.g. court and lawyers' costs) completely.
11. Changes of the conditions of use
The Goethe Institute reserves the right to change these Conditions of Use without giving reasons. The Goethe Institute will inform the User in good time about changes at the visit following such changes and will ask for his agreement to the changed Conditions of Use. If a User does not make any objection, the Conditions of Use shall be deemed to have been accepted. If the User objects, his membership is ended.
12. Safeguarding clause
12.1. If any provision of these Conditions of Use is invalid or cannot be implemented, it shall be replaced by a provision which is valid or can be implemented and which comes as close as possible to the legal concept behind the provision that was invalid or could not be implemented.
12.2 These Conditions of Use and the entire legal relationship between the User and the Goethe Institute are covered by the law of the Federal Republic of Germany.
12.3 Where permitted, the legal venue for all resultant legal disputes shall be agreed as Munich.
12.4 For the rest, the statutory provisions shall apply.