Section 1 Scope of application
Section 2 Availability
The GCC is available 24 hours a day. It can occur, however, that maintenance work that is necessary for the system may lead to interruptions to availability. Interruptions to availability can, among other things, occur for reasons of force majeure or other reasons for which Schönwald is not responsible, such as intent or gross negligence
Schönwald points out:
- that it is technically impossible to ensure that the GCC is free of defects of any type whatsoever and, consequently, Schönwald declines any liability whatsoever in this case,
- that defects can lead to the temporary shut-down of the GCC,
- that the availability of the GCC is dependent on terms and conditions that lie outside Schönwald's sphere of influence, such as transmission capacities and phone connections between the individual subjects concerned. Schönwald is not responsible for any disruption that falls within this area.
Section 3 User account
- To access the GCC an account must be opened.
- Only fully legally competent people are permitted to open an account; the registration form will be made available to them on the website https://schoenwald-gcc.bhs-tabletop.com.
- The user undertakes not to provide any false personal data. The user also undertakes to check their data regularly in order to guarantee that they are accurate.
- By using the GCC, the user is responsible for securing the confidentiality of their account, password and for restricting access to their computer and mobile devices. Unless permissible under applicable law, the user agrees to be responsible for all activities that are carried out in relation to their account or password. The user should take all steps necessary to ensure that their password is kept secret and safely stored. The user should inform Schönwald immediately if they have reason for concern that a third party has obtained knowledge of their password, if the password is being used without authorisation or if this is probable. The user is responsible for ensuring that the data they provide to Schönwald are correct and complete, and that they inform Schönwald of any changes in relation to the information they have provided. The user can view and update some of the information that has been transmitted to Schönwald.
- The user cannot subsequently change their user name. The user is permitted, however, to change their password at any time.
- The user cannot use a service of the GCC in a way that might interrupt, damage or otherwise impair the services or access to the GCC.
- Furthermore, users may not use the services of the GCC for fraudulent or crime-related activities, to cause harassment or inconvenience.
- Schönwald reserves the right to deny the user the right to use the services in the GCC or to close user accounts. This applies particularly in the event in which users infringe on applicable law, contractual agreements or the guidelines of Schönwald.
- Users of this website can delete their account at any time by sending a message to this effect to firstname.lastname@example.org. The user’s account will then be deleted immediately.
Section 4 Data protection
Upon registration in the GCC, Schönwald will store stores the data provided on the registration form. Schönwald points out that the user's personal data are collected, stored and processed in compliance with the relative data protection provisions, insofar as this is required for the establishment and execution of contractual relationships and within the framework of statutory retention periods.
The user has the right, at any time, to receive information about their existing data, fully and at no charge. The user also has the right to have their data corrected and/or deleted and the right to the restriction of processing.
Section 5 Copyrights, criminal law
Schönwald will grant the user a non-exclusive right of use, without restriction of time, to the functions of the GCC, including any contents provided therein (images, texts, graphics, logos, data collections etc.), which are protected by copyright and owned by Schönwald. The right of use will be granted at no charge. When using images in particular, the user is obliged to state Schönwald as the image source. Schönwald (or the respective licensor) reserves all rights to creative services provided by Schönwald, in particular to drafts, figurative and text marks, backgrounds, and layouts etc that have been developed by Schönwald.
The user bears full responsibility for any contents they upload to the GCC. They must ensure that they possess the necessary copyrights, trademark rights or other rights to all data transferred to the GCC and to use thereof. The user bears full responsibility for any consequences that ensue from a breach of these rights. They are obliged to release Schönwald from any justified claims asserted by third parties owing to the breach of their rights following the respective processing, reproduction and use of the data transferred. The user must ensure that the contents of any data transferred do not violate prohibitions currently in place. Should Schönwald become aware of any breaches of this guarantee, the service provider will immediately involve the competent criminal prosecution authorities.
Section 6 Liability
Schönwald will strive at all times to ensure that the services of the GCC are available without interruption and that transmissions are free of defects. Due to the nature of Internet, however, this cannot be guaranteed. The access of users can likewise be occasionally interrupted or restricted to allow maintenance, repair, or the introduction of new installations. Schönwald will try to limit the frequency and duration of each of these temporary interruptions or restrictions.
In accordance with statutory provisions, Schönwald is only liable for damages caused by intentionally or grossly negligent conduct, including that of a representative or vicarious agent.
Schönwald is furthermore liable for the slightly negligent violation of essential obligations. Obligations are considered essential if violation thereof would put the reaching of the contractual purpose at risk or if they must be fulfilled to enable proper execution of the contract in the first place, and which users regularly rely on being complied with. In this case, however, Schönwald is only liable for foreseeable damages that are typical for the contract. Schönwald is not liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The aforementioned restrictions of liability do not apply in the case of injury to life, limb and health, for defects after assumption of a warranty for product quality and in the case of maliciously concealed defects. Liability according to the Product Liability Act remains unaffected.
The GCC contains links to external websites of third parties on the contents of which Schönwald has no influence. Schönwald cannot, therefore, accept any liability for such third-party contents. The content of linked pages is the exclusive responsibility of the respective provider or operator. The linked pages were inspected for possible violations of law at the time when the link was inserted. Illegal contents were not recognisable when the link was inserted.
However, permanent checking of the linked pages in terms of content is not reasonable without specific evidence indicating a legal violation. Should such legal violations become known, Schönwald will immediately eliminate such links.
Insofar as the liability of Schönwald is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
Section 7 Electronic communications
If a service of the GCC is used or if e-mails, text messages or other messages are sent from a computer or a mobile device to Schönwald, these will be sent electronically. Schönwald will communicate using different ways and methods, for example by e-mail, text messaging or by publishing electronic messages or other communications in the GCC, or within the framework of other services provided by Schönwald. For contractual purposes, the user agrees to receive electronic messages from Schönwald, and that all consents, news, publications and other communications that are sent by Schönwald electronically do not have to be made in writing, unless compulsory statutory regulations require a different form of communication.
Section 8 Final provisions
The contractual relationship between the user and Schönwald is governed by the laws of Federal Germany under exclusion of the UN Convention on the International Sale of Goods. The sole place of jurisdiction is the registered office of Schönwald.