Bergfreunde.eu / Bergfreunde GmbH (in the following "Bergfreunde") values the opinion of customers very highly. That is why customers (in the following "users") are offered the opportunity to comment on any topic regarding Bergfreunde offers and services, and to leave e.g. product reviews on the page. Users are given the opportunity to provide Bergfreunde with content – mainly photographs of products, etc.
1. Any user publishing data or files (i.e. photographs, images, other graphics, or text) (in the following "content") on the Bergfreunde website transfers their copyright for the content for the duration of its use as well as the right to use the content for the purpose of communication, statements of opinion, and specifically for the purpose of reviewing products, or as part of the operation of the Bergfreunde website, and expressly transfers the right to duplicate, disseminate, edit, and make available publicly said content and to allow third parties designated by Bergfreunde to utilize the content accordingly.
2. Where, within the scope of the aforementioned content, the user is depicted personally, he/she authorizes Bergfreunde to publicly display the image(s) for the purposes of communication, the stating of opinions specifically for the purpose of product reviews, and for the purposes of Bergfreunde website operations.
3. The user is required to ensure that the rights of third parties, and specifically copyright and performance protection rights, trademark, patent, and other ownership and personal rights are not breached or infringed. Insofar as the user is provided with storage space, the user shall not use such space for the storage of unlawful, illegal, or irregular content, or any content infringing upon the rights of third parties. It is to be ensured that no content is used, which
- a. infringes upon industrial property rights (including but not limited to trademark, patent, utility and design rights), copyrights and performance protection rights, and any other rights (e.g. portrait rights, name and personal rights);
- b. is pornographic and liable to corrupt youth;
- c. represents propaganda material and products with recognizable icons of unconstitutional organizations;
Responsibility for content, publication, and deletion
1. The user forwarding content for publication to Bergfreunde shall be held responsible for the forwarded content. Relevant users shall be liable specifically for unlawful content or content infringing upon the rights of third parties, specifically trademark, competition, authorship, and personal rights.
2. Bergfreunde will not verify whether or not content uploaded by third parties infringes upon the rights of third parties. When notified of unlawful content, Bergfreunde shall immediately delete the offending content.
3. The user shall indemnify Bergfreunde and its employees of any claims of third parties made against Bergfreunde based on the infringement of their rights via the content transmitted by the user to the online database of Bergfreunde and its subsequent publication online. This specifically includes the costs incurred by appropriate legal proceedings in line with statutory compensation and any related costs. The user shall be required to provide Bergfreunde with a reasonable advance payment. This clause does not apply where the user is not responsible for the infringement of rights.