§ 1 Scope of application
§ 2 Registration, conclusion and subject matter of the contract
1. prerequisite for the use of the forum is the registration via the corresponding online form. After registering via the online form in the forum, you will receive a confirmation email to verify your data, which you can use to confirm your registration by clicking on it. With the activation of your account by the provider, the free forum usage contract comes into effect (execution of contract).
2. Subject matter of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you as a user will be provided with an "account" with which you can post contributions and topics in the forum.
3. Participation in the forum is at the sole discretion of the operator. No person has any claim to activation or participation in the forum, or continued participation after activation.
4. your forum account must only be used by yourself. Likewise you are responsible as owner of the account for the protection against its abuse. Your access data must therefore be protected against access by third parties. The use of trademark-protected words and Internet addresses as user names (nicknames) are not permitted.
5. a valid email address must be used. The use of disposable addresses, fake addresses, trashmail, etc. is not allowed and leads to the deletion of the user account without comment.
6. only natural persons are allowed to register.
7. The provider will try to offer the service as uninterrupted as possible on an all care, no responsibility basis. Periods of downtime cannot be excluded in which the web servers are not available over the Internet due to technical or other problems which are not within the sphere of influence of the provider (fault of third parties, force majure, attacks against the infrastructure by hackers, etc.) The user acknowledges that a 100% availability of the website is technically impossible to guarantee..
8. The provider reserves the right to change and expand the content and structure of the platform and the associated user interfaces, if this does not or only insignificantly affect the fulfillment of the purpose of the contract concluded with the user. The provider will inform the user accordingly about the changes.
9. The main purpose of Forum64 is the exchange of information on hardware and software issues as well as support for the operation of retro computers. Therefore a peaceful and respectful interaction between the users without insulting hostility shall be maintained.
10. For a valid registration the user must be at least 16 years old. Below this age, registration is only permitted with the written permission of a parent or legal guardian.
§ 3 Duties as a forum user
1. As a user, you undertake that you will not publish any contributions that violate these rules, morality or any other applicable German law, as well as your own local laws, where you are located outside of Germany. You are to pay particular attention to this:
- that insulting, sexist, racist, untrue and/or other contents violating applicable law may not be published. Punishable contents will be reported to the investigating authorities when they become known;
- that contributions are to be checked for grammar and spelling and, if necessary, corrected before sending them - as far as reasonable;
- that the excessive use of emojis and end-of-sentence characters is to be refrained from;
- that you make sure that there is not already a topic that answers your question or already covers your topic;
- that when creating a new topic, a meaningful title is to be used;
- that posts belong in the appropriate sub-forum. Offers / search requests are only possible after prior verification and are only allowed in the marketplace;
- that your topic is not posted more than once in the forum (prohibition of cross-/double postings);
- that deviations from the original intention/question of a topic are to be avoided;
- that the publication of private, personal data is generally not permitted;
- that the publication of e-mails or private messages (even in extracts) is not allowed without the explicit consent of the author;
- that annoying and particularly conspicuous or flashing avatars are to be avoided at all costs. Disturbing avatars will be deactivated by us without comment if necessary;
- that signatures can only have a height of 150px Larger signatures are automatically cut off. Disturbing signatures are changed by the operators and moderators if necessary. Pictures may be used in the signature if they have a maximum dimension of 200 x 80 pixels;
- that pictures to a forum post, which are to be published in the forum, must be attached to the post. The linking of images from other domains is not permitted (this includes all image hosters);
- not to send spam and advertising via the system (PM) or by e-mail to other users;
- not to use any content protected by law, in particular by copyright and trademark law, without authorisation;
- not to perform any anti-competitive activities;
- not to publish press articles of third parties in the forum without the consent of the author;
- not to advertise in the forum without the express written consent of the provider. This also applies to so-called surreptitious advertising such as, in particular, the linking of the own homepage with or without contribution text in the signature or within contributions. Auction advertising for external and own auctions is also not permitted. Homepage URLs and address or contact data may only be published in the user profile of the forum. The user is hereby informed that by publishing personal data in the forum on his own and voluntarily, this data could be read and possibly processed by other members;
- no inquiries about ROMs, illegal downloads, warez, especially consoles and current (PC) systems are made. Such requests will be deleted without comment, the user in question will be blocked, if the request is repeated, the account will be deleted.
2. as a user you commit yourself to check before publishing your contributions and topics whether they contain information you do not want to publish. Your contributions and topics can be registered in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
3. In case of violation, especially against the above mentioned rules § 3 paragraph 1 and 2, the provider or one of his representatives ("super moderators") can also impose the following sanctions against the user, regardless of a termination:
- Deletion or alteration of content that the user has posted,
- Issuing a warning notice or
- Blocking access to the forum.
5. Should third parties or other users assert claims against the provider due to possible violations of law, which a) result from the contents posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible violation of law. In particular, the provider is released from the costs of the necessary legal defence. The provider is entitled to demand an appropriate advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in the legal defence against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not exist.
§ 4 Transfer of rights of use
1. the copyright for your topics and contributions, as far as they are copyrightable, remains basically with you as user. However, you grant the provider the right to keep the topic or contribution permanently on his web pages when you post a topic or contribution. Furthermore, the provider has the right to delete, edit, move or close your topics, contributions, marketplace and gallery entries.
2. the afore mentioned rights of use remain in force even if an forum account is terminated.
§ 5 Limitation of liability
1. The provider of the forum does not assume any liability for the contents posted in the forum, in particular for their correctness, completeness and topicality.
2. The provider is liable for intent and gross negligence as well as for breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for the typical contractual damage foreseeable at the time of conclusion of the contract, for such damage which is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider shall not be liable for slightly negligent breach of secondary obligations that are not essential contractual obligations. The liability for damages which fall within the scope of protection of a guarantee or assurance given by the provider as well as the liability for claims based on the Product Liability Act (The Produkthaftungsgesetzes) and damages resulting from injury to life, body or health shall remain unaffected.
§ 6 Duration / Termination of the contract
1. this agreement is concluded for an indefinite period
2. Either party may terminate this Agreement without notice.
3. the provider is entitled to block and delete the user's access after termination of this forum usage agreement. The provider is entitled but not obligated to delete the contents created by you as a user in case of termination. A claim by you as a user to the surrender of the created contents is excluded.
4. The provider is entitled to block and delete the access of the user if the user has been inactive for at least
6 months. Before that the provider will grant a reasonable period of time to resume the activity by e-mail. With expiration of this period the account will be deleted.
Rules for trading in the Forum64 marketplace:
Due to numerous inconsistencies in the past, here are some rules for trading in the marketplace.
Offers / search requests are only possible after prior verification. For this purpose verifiable data (name, address, phone number and username) must be sent to the forum operator by email to email@example.com. The data must be transmitted with the e-mail address that is stored in the user account!
Price expectations are mandatory for sales.
The topic starter has to use the button "Topic done" after the end of the trade.
The Laberecke (“babble Corner”) serves as a discussion forum.
Ebay links, article numbers or similar references to other trading platforms / webshops are not allowed here.
Each member is allowed a maximum of 5 current sales offers with one article at a time. For the disposal of collections etc., the forum management may grant special permissions.
The entries must be limited to such things, which thematically fit the forum or our hobby. I.e. computers, accessories and software, parts, boards, components (e.g. for repair/maintenance) as well as tools for repair and maintenance of computers and accessories. In addition, offers that are intended to maximize profits may not be posted. eBay and co. are better suited for this. Violations can be punished by exclusion from the marketplace. Entries in the marketplace must be exclusive, i.e. they may not be offered in parallel on another marketplace, a stock exchange, in another forum or an auction platform.
Accepted offers are binding and can only be revoked by mutual agreement. Violations against this can also be punished by exclusion from the marketplace or the entire offer of Forum64.
Entries for offered items must be accompanied by a meaningful picture.
Entries in the marketplace are active for 30 days, after that they will be marked as obsolete. After 40 days the ad will be deleted automatically. An advertisement can be extended 2 x.
It is up to the topic starter to update the advertisement in order to extend the period.
The pushing of market place entries - also by premature termination of a current offer with immediate new entry of a new offer, which corresponds to the previous one - is prohibited.
The article location (postal code) is mandatory.
We would like to point out that in the marketplace private trade is mediated between two parties (in the sense of a newspaper advertisement), for which the operator of the Forum64 bears no responsibility. In case of disagreements in the process the team asks for notification after a period of 4 weeks from the date of money or goods transfer. All necessary information must be made available to law enforcement authorities. Proven abuse will result in immediate exclusion from the forum.
In case of discrepancies, own attempts to clarify the problem by conversation (PN), telephone or e-mail are to be made. Ask the seller for the address data if you do not know the seller. Phone number and e-mail address are also helpful to avoid problems later. In a fair trade these data should be exchanged voluntarily.
These are tips and rules to prevent fraud and deception in the marketplace as far as possible.