- Subject of the contract
- Sole users of the Community can be private and legal persons, freelancers, students, professors, universities, suppliers, real estate agencies and others from the construction industry who have a user account only on the Upbore Community and use its service.
- Registered users of the Platform are users who use all services of the Upbore Platform, including the Community service and there are commercial Users, the person or partnership with legal capacity, who is acting in the exercise of their commercial or independent professional activity. Registered user of the Platform is an entrepreneur within the meaning of section 14 BGB (German Civil Code) and is acting in the exercise of his entrepreneurial capacity.
- Functional scope of the Community and changes
- The Provider offers the Community on the Platform, where registered users of the Platform and sole users of the Community can post and share information about the construction industry, as well as connect and exchange information.
- Users of the platform and sole users of the Community ("User") can make profiles, share posts, comment on other’s post and have private online chats with other users.
- The social network is the core application of the Community service. The profile page created by the user within the social network (hereinafter referred to as "User Profile") represents the identity with which the user appears and is represented within the Community Service, on the Upbore Websites. In principle, a user profile visible in the social network and outside is required for the use of Community.
- The current range of functions of the Community can be found in the functional description available at www.upbore.com/community.
- The Provider reserves the right to continuously develop the Community and the Platform and to extend its range of functions or to adapt or restrict it to an appropriate extent.
- Compensation and Registration
- The use of the Community is free of charge.
- The Community can be visited to a limited extent without registration. Registration is required to take advantage of the full range of functions of the Community. When registering, the User must provide truthful information completely, correctly, on time and free of charge and undertakes to inform the Provider immediately of any changes to the registration data.
- The User has no claim to admission to the Community.
- The User is responsible for a confidential handling of the access information and will in particular not pass on the password for the User account to unauthorized third parties. In the event of fraudulent, abusive or otherwise illegal use of the access information, the Provider may immediately block the access authorization.
- Each user may only create one user profile. The user is not permitted to allow third parties to use its user profile.
- Registered users of the Platform have access of the Community with their account for the Upbore Platform and they do not need special registration for Community.
- Minors (natural persons under the age of 18 years) are not permitted to use the Community or the Service.
- Rights of use
- The Provider grants the User the worldwide, non-exclusive and non-transferable right to use the current version of the Community during the term of the contract in accordance with the terms and conditions of the contract.
- The Provider shall have the right to offer the Service to any person, including such persons who are potential competitors to the Users. Any protection against competitors is excluded.
- The Provider reserves the right not to enter into agreements on the use of the Community with individual persons or companies, in particular competitors of Provider, and to refuse these interested parties the use of the Service and of those parts of the Community requiring a registration.
- The User is not entitled to make the Community available to third parties, whether for payment or free of charge.
- Otherwise the following uses are not permitted:
Notwithstanding the rights of use granted under this clause, the Provider retains all rights to the Community and the Platform. This includes in particular all versions of the Community and Platform and other documents and electronic documents that Provider provides to User during the term of the agreement, including updates and upgrades of the Community and Platform.
- Reproductions of the Community and of the Platform that are not required for the intended use;
- processing or other interventions in the Community and in the Platform;
- decompiling or other measures to obtain the source code of the Platform's software.
- The Provider will generally monitor the functionality of the Community on weekdays from Monday to Friday from 9:00 a.m. to 6:00 p.m. If maintenance work on the Community and Platform becomes necessary during this time, the Provider will inform the User in good time.
- The availability of the Community during the monitoring periods is 98.5% on an annual average, whereby scheduled maintenance work is not considered a limitation of availability.
- User-generated Content
- The User may publish various information on the Community, in particular when creating the public User profile and when publishing Posts and Comments ("Content"). This Content can be can be viewed by every visitor, registered user or non registered visitor. User can choose a display name when registering to use on their Profile page.
- Insofar as Content stored by the User on the Community is protected by copyright or in any other way by law, the User grants the Provider the right to use such Content for the provision of the Community in accordance with the contract or the provisions of the contract, in particular to make it accessible via the Internet, to reproduce and distribute it.
- Provider is not obligated to publish any information or content on Community and can remove it with or without notice.
- The "User" owns all of the content and personal information which is provided to the Provider, but the user also grants the Provider a non-exclusive license to the content.
- Any interaction between Users, or between Users and registered users of the Platform happens at the Users’ own risk and responsibility. Provider is not obliged to monitor the interaction of Users. Provider shall not assume any liability for breaches of rights or duties by Users that may be the result of an interaction between the Users. Nonetheless, all Users undertake to comply with applicable law within the platform.
- Duties of the User
- The User will only use the Community for its intended purposes.
- The User will not store or distribute any Content on the Community or Platform that
The User undertakes to retain the protective notices contained in the Platform and the Community, such as copyright notices and other legal reservations, unchanged.
The users undertake not to violate in any way the property rights of Provider or third parties on the Community. If, in your opinion, Users have identified a violation of property rights on the Community, please inform Provider by e-mail to firstname.lastname@example.org. Provider shall verify the notification and, if necessary, shall take all necessary steps.
In case of a violation of clause 7. the operator reserves the right to terminate the contract of use and delete the account immediately and permanently.
If the User is responsible for the extraordinary termination, the User is prohibited from again creating a user account after the original account has been blocked, unless Provider has given its prior express written consent.
- violates applicable laws, official orders or the rights of third parties (e.g. copyrights, industrial property rights, personal rights),
- has insulting, defamatory, slanderous or other illegal Content,
- is pornographic or contain depictions of violence,
- is untrue or misleading (in particular feedback contributions in the User profile),
- is spam, harassment or unfair advertising,
- contains malicious software (e.g. viruses, worms, Trojans), spyware or other harmful programs or
- contains programs that automatically collect or process information (e.g. bots, crawlers, data mining tools).
- Notices and Messages
- User agrees with receiving notices and messages through Provider's website, apps and contact information. If User's contact information is out of date, User may miss out on important notices.
- User agrees that Provider will send notices and messages to User in the following ways: (1) within the Service, or (2) sent to the contact information User provided (e.g. e-mail). User agrees to keep contact information up to date.
- The Provider hereby points out to the User that, according to the current state of the art, it is not possible to provide complex online services completely free of errors with a reasonable amount of effort. However, the Provider shall keep the Community free from such defects that impair its suitability for use in accordance with the contract or the intended purpose more than just insignificantly. In such cases, the Provider shall, at his discretion, either remedy the defect or provide a workaround solution.
- The User is obliged to inform the Provider immediately about the type and occurrence of defects. The contact form on the website shall be used to report faults.
- The rectification of defects is excluded for such defects which are based on the use of the Community not in accordance with the contract or the intended use.
- Responsibility of the Provider
The Provider is especially not responsible for
- the completeness, accuracy, availability or confidentiality of User-generated Content or registered users of the Platform,
- infringing or illegal User-generated or registered users of the Platform Content,
- damages that arise from use of the Community and Platform contrary to contract or regulation.
- If the Provider has to pay for damage caused by slight negligence according to the legal regulations, the Provider's liability is limited: In this case, liability shall only exist in the event of a breach of material contractual obligations (these are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the User regularly relies and may rely). Furthermore, this liability is limited to the typical damage foreseeable at the time the contract was concluded.
- Excluded is the personal liability of the legal representatives, vicarious agents and employees of the Provider for damages caused by them through slight negligence. With the exception of legal representatives and executive employees, the limitation of liability for the Provider defined in this clause shall apply accordingly to damages caused by gross negligence.
- Irrespective of any fault on the part of the Provider, any liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act remains unaffected.
- Provider shall also not assume any liability for malfunctions, interruptions, deletion of files, disturbances, defects, delays or other performance failures caused by outside influences, errors of use committed by the Users, force majeure or changes or other manipulations not carried out by Provider.
- The limitations of liability in this clause do not apply in the event of injury to life, body or health.
- Liability for links on third party website
On the Community there might be links to third-party websites. Such third-party websites are beyond Provider’s control and Provider has no influence on content, terms and conditions of use and data protection and privacy policies of these websites. Therefore, Provider shall not assume any responsibility for the content of these websites and no liability for any damages or losses, incurred by calling up/use of these websites. If the User calls up these websites, he shall do so at his own risk.
- Data protection
- The User shall ensure that their personal data or personal data of their employees are lawfully transmitted to the Provider and published on the Community. Insofar as the User gains access to personal data of third parties in the course of using the Community, User will only process such data to the extent that this is necessary for using the Community.
- Open Source Software
- The Provider will inform the User in the license notes about the open source components used in the current version of the Community.
- Disclosure of the contractual relationship for marketing purposes
Provider is allowed to advertise with the customer relationship to User, i.e. in particular to name User publicly as a customer, to use User's logo on the website as well as in social media and to create a case study that shows the advantages of User's cooperation with Provider. The case study is public and accessible to third parties. Before publication, the Content is released by the User.
- User Feedback
Users are welcome to forward ideas, suggestions or recommendations to improve the Community and/or the Service (collectively “Feedback”) in whatever form (e.g. e-mail, verbally) to Provider. Should Users provide Feedback, they agree that Provider will make use of this Feedback and implement it on its Website and/or in its Service at its own discretion, without compensation to User.
- Contract period, termination
- The Agreement is entered into for an indefinite period of time. The contractual relationship may be terminated by the User within 14 days without giving any reason.
- Extraordinary termination for good cause remains unaffected.
- The termination can be declared in text form (e-mail is sufficient) or via the User administration on the Platform.
- All terminations result in a direct blocking of the Users’s access to the service and to the parts of the Community requiring registration, if applicable, after lapse of the termination period.
- Deletion of a profile is an option and can be achieved through sending an e-mail with a corresponding request to email@example.com. In order to prevent an unauthorized third party from demanding deletion of the profile, Provider will verify the e-mail address supplied by the User, and confirm the request with the User. The deletion will usually be executed 1 to 3 working days after the verification.
- Final provisions
- Should individual provisions of the contract be invalid, the validity of the remaining provisions of the contract shall not be affected. The parties undertake to replace the ineffective provisions by provisions which come as close as possible to the purpose of the ineffective provision in economic terms, taking into account the interests of both parties.
- German law applies. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement, entered into by Upbore and the User, shall be Berlin insofar as the User is a merchant, a legal person under public law or a special asset under public law, and unless mandatory statutory law provides otherwise. All disputes arising out of or in connection with the Agreement between Upbore and the User, in this case an actual person, the statutory regulations of place of jurisdiction shall apply.
Status: December 2020