Disclaimer

Terms of Use

Enscape GmbH

Version: June 7, 2021

 

The use of Enscape’s Community Forum (the “Forum”) is only permitted upon your accepting these terms of use (“Terms”) which will be between you and Enscape GmbH, Karlsruhe, Germany (“Enscape”).

 

 

Registration

 

If you would like to actively participate in the forum, you have to register with at least your e-mail address, a password of your own choice, and your own username (which you may choose freely, including using a pseudonym). You can complete your profile with voluntary additional information, including your photo. You consent that all data (except your e-mail address) will be publicly displayed in the Forum for all other visitors.

 

We are using double-opt-in procedures for registration, i.e. your registration is only completed once you have confirmed your registration by approving the link you will receive in a confirmation e-mail sent to you for this purpose.

 

 

Services provided by Enscape

 

Subject to your acceptance of the Terms, Enscape allows you to use the Forum free of charge as an online communication platform. Enscape may discontinue the Forum and/or refuse access to the Forum for anyone or all users, at any time without prior notice or grace period.

 

Enscape attempts to offer the services of the Forum on a continuous 24/7 basis. However, downtimes may occur, including, but not limited to, downtimes due to maintenance work, network-related or other technical problems which are not within Enscape's sphere of influence. Enscape shall not be liable for any damages resulting from the inaccessibility of the Forum.

 

 

Your Obligations as Forum User

 

You are solely and fully responsible for any content that you post or upload, including compliance with these Terms, applicable laws, rules and regulations. You should only post content that you actually want to share. Be aware that content published on the internet may be permanently and freely accessible, even if you have deleted it from the Forum. Content made accessible in the Forum will not be considered confidential nor new anymore. Therefore, please consider prior to uploading:

 

(i) As a user, you agree that you will not post any statements or documents that may violate any rules of decency. Please maintain a respectful interaction among users at all times. Do not post any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. It is in your own interest that content always is professionally accurate, relevant and objective;

 

(ii) Always respect all obligations regarding data privacy;

 

(iii) Never post any content that you do not have the right to make available or that may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;

 

(iv) Do not engage in any illegal, notably any anti-competitive, activities;

 

(v) It is strictly forbidden to upload any malware;

 

(vi) You are solely responsible to properly backup on your own system any content you want to upload. Enscape is not liable for any loss of data or damage resulting from missing backups.

 

Your Forum account is personal and may only be used by you. You are fully and solely responsible for any misuse by any third party, and for keeping secret your access details.

 

If, in your opinion, any content violates applicable law or is inappropriate, please let us know.

 

 

Complaints

 

In case of violation of these Terms or any applicable laws, Enscape reserves the right to delete your post, block your access to the Forum and/or delete your account, with or without prior notice, in Enscape’s sole discretion.

 

If third parties claim that any content posted or uploaded by you infringes or misappropriates third party rights or is unlawful, Enscape will inform you thereof (to the e-mail address submitted by you) and you may submit your observations within the time period stated in Enscape’s e-mail.

 

If Enscape, in its sole discretion, deems such third party claims well-founded (taking into account any observations you have made), Enscape may take any of the above measures to cure such violation.

 

Absent specific urgency, Enscape will wait for at least twelve further hours after the period of observations has expired before blocking or deleting content or your account.

 

Enscape shall always be entitled to delete content or accounts with or without notice to you if an executable regulatory or judicial decree is enforced against Enscape.

 

 

Copyright License to Enscape

 

By accepting these Terms you grant any other users of the Forum and Enscape an unrestricted, non-exclusive, worldwide, irrevocable, sublicensable, free of charge license to use the content of your posts and uploads, including assets, photos, pictures, graphic and textual designs and other works, in any known way, including the right to publish, modify, copy and publicly make available such content, in particular assets and materials, for commercial and non-commercial purposes, e.g. as an addition to Enscape’s set of assets or materials.

 

 

Limitation of liability

 

Enscape creates and provides its own content in the Forum with utmost care and to the best of Enscape’s knowledge. However, Enscape does not and cannot guarantee such content’s accuracy, completeness or usefulness for any specific purpose.

 

Under applicable law, any responsibility of Enscape is limited to its own content in the Forum. Enscape is neither obliged to monitor the content of any uploaded content of you or third parties nor to investigate circumstances pointing to illegal activity.

 

Enscape’s obligations to remove or block the use of information under generally applicable laws shall remain unaffected, notably as per §§ 7 to 10 of the German Telemedia Act (TMG).

 

Enscape is not responsible for any third party content accessible via links available in the Forum, which responsibility lies solely with the operators of the linked webpages. In case you notice any infringing content on such third-party webpages, please inform Enscape immediately to enable Enscape to delete such link.

 

You shall hold Enscape harmless from all claims, liabilities, losses, damages, judicial and administrative fines, costs and expenditures arising out of or in connection with any claims against Enscape, its directors, employees or agents, based upon (i) your having breached these Terms, (ii) your having breached any laws or regulations applicable to your business, including, but not limited to, laws on copyright, unfair competition, data protection and/or personal rights. Such indemnification obligation extends to any costs and expenditure - including Enscape’s own personnel expenditures and any attorneys’ fees – which may arise in connection with processing or defending such claims, irrespective of whether such claim is well-founded or not.

 

 

Miscellaneous

 

Enscape may change or amend these Terms at any time and with immediate effect.

 

Should one or more of the provisions of these Terms be or become invalid or unenforceable, the validity and enforceability of the other provisions hereof shall not be affected.

 

These Terms shall be subject to the laws of Germany with the exception of its choice of law provisions and the UN Convention on the International Sale of Goods (CISG).

 

All disputes arising under or in connection with the use of the Forum or these Terms shall be submitted exclusively to the courts of Berlin, Germany, subject to mandatory laws. Enscape reserves the right to take legal action against you in the courts having general personal jurisdiction over you.