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Terms of use

1.    Scope of application, exclusion of deviating terms and conditions of business
1.1    The following general terms and conditions (hereinafter referred to as "terms of usage") govern the contractual relationship H3 Health Hub c/o Helmholtz Zentrum für Infektionsforschung | Inhoffenstraße 7, 38124 Braunschweig | Germany (hereinafter referred to as "provider") and the respective users (hereinafter referred to as "user") who make use of the provider's offer provided under this link (hereinafter referred to as "application"). The application may only be used on the basis of these terms of usage according to Section 3. 
1.2    The validity of general contractual or business terms of the user is expressly excluded. This also applies if the provider has not expressly objected to the user's terms and conditions and/or provides services without objection.

2.    Subject of the contract
2.1    The provider offers users the opportunity to become part of a web-based application for communication and information sharing. Within the scope of the application, the user can
2.1.1    display their own information on the application (for example, personal profile or news),
2.1.2    consume published information from other users,
2.1.3    contact and communicate with one or more users via communication systems (chat, video conferencing, comment functions),
2.1.4    interact and communicate with other users within dedicated formats (for example, groups or events)
2.1.5    or offer such formats themselves on the application, depending on the access rights granted
2.2    Full use of the application requires free registration in accordance with section 3.1.

3.    Registration and creation of a user account
3.1    To register and open an account, the user must provide the data requested in the registration form. After that the user will receive an invitation link to the application and, if necessary, create a password or enter his/her existing log-in data.
3.1.1    By sending the registration form and accepting these terms of usage, the user makes an offer to conclude a usage contract.
3.1.2    The provider confirms receipt of the offer by sending the user an activation e- mail and activating the account. With the release of the account by the provider, a contract on the use of the application is concluded between the provider and the user (hereinafter "usage contract").
3.1.3    Upon successful registration, an account is created for the user, which the user can access using the specified e-mail address and password. The password can be changed at any time via the account.
3.1.4    The provider provides the user the contractual text of these terms of usage in text form (e.g. on the website within the registration form).
3.2    Registration is only permitted in one's own name and for one's own account. By agreeing to the terms of usage, the user confirms that he or she is at least 18 years old and is authorized to enter into contracts under applicable law.
3.3    Each user may only register once. One account must be created per user. An account is not transferable.
3.4    There is no right to registration and conclusion of a usage contract. The provider reserves the right to refuse registration and the conclusion of a usage contract without giving reasons.
3.5    The data requested during registration, conclusion of the contract and use of the application must be provided completely and truthfully. If the data changes subsequently, the user is obliged to update the information immediately. Upon corresponding request of the provider, the user shall confirm the data.

4.    Third party invitation
4.1    The user can invite other users or third parties (hereinafter uniformly referred to as "invitees") to use the application and to participate in individual features or events on the application.
4.2    The user warrants that it will only send invitations to invitees if it is authorized to do so and has ensured that the invitees agree to receive the invitation. The user shall in particular guarantee that the contractor complies with the obligations regulated in terms of usage. 
4.3    The provisions of this section 4.3 are directed exclusively at entrepreneurs within the meaning of § 14 German Civil Code (BGB). An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. In the event that invitees assert claims against the provider due to unsolicited sending of the invitation, the user shall indemnify the provider to this extent against all claims in connection with the sending of the invitation. The provider reserves the right to assert further claims against the user arising from this circumstance.

5.    Account usage, sanctions and account suspension
5.1    The user undertakes to use the provider's application in accordance with the legal regulations. The user also undertakes to
5.1.1    not to make false declarations regarding their own data;
5.1.2    not to use any content on the application that violates the laws for the protection of minors or criminal laws or is pornographic in content;
5.1.3    not to use any legally protected content without being authorized to do so;
5.1.4    not to use any content on the application that violates copyrights, trademark rights, other proprietary rights or personal rights;
5.1.5    only to use content on the application for which the user has the necessary rights of use.
5.2    The provider is entitled to irretrievably delete content and information that violates the terms of usage or legal regulations or is otherwise offensive and/or improper. In this respect, the user has no claim to reinstatement of already deleted content.
5.3    If a user violates the terms of usage or legal regulations or if there is any other important reason, the provider can
5.3.1    Modify or delete content and information of the user;
5.3.2    restrict the use of the application and the account for a limited period of time or block it permanently;
5.3.3    terminate the contract with the user concerned without notice.
5.4    The provider may impose the sanctions according to Section 5.3 without prior notice and without consulting the user, even against the user's express will. After taking sanctions, the provider will give the user the opportunity to comment and will for justified cause reconsider the sanctions after receiving a counterstatement.
5.5    After a final block, there is no right to restore the blocked account. Once a user has been blocked, this user is also not allowed to log in with another account.

6.    Confidentiality access data
6.1    The user is obliged to keep the login data, passwords, etc. secret and not to pass on his own access data to unauthorized third parties and to log out after each session. Declarations and actions, which are made or committed after a login with the user's access data, can be attributed to the user even if the user had no knowledge of them. An imputation occurs in particular if the user intentionally or negligently provides third parties (including family members) with access to the password or the account. The user must inform the provider immediately as soon as the user becomes aware that unauthorized third parties have access to and are aware of the access data.
6.2    In the event of a justified suspicion that access data has become known to unauthorized third parties, the provider is entitled, but not obligated, for security reasons to independently change the access data without prior notice or to block the use of the account at its own discretion. The provider shall inform the user of this without delay and, upon request, provide new access data within a reasonable period of time. The user has no right to demand that the original access data be restored.

7.    Granting of rights
7.1    The user grants the provider the non-exclusive right of use, unlimited in terms of space, time and content, to the content posted by the user on the application (hereinafter "user content"). This includes in particular the right to reproduce, use, operate, copy, publicly present or display, distribute, modify, translate and create derivative versions of the distribution as well as the right to edit. In particular, the provider is entitled to technically edit, prepare and adapt the user content so that it can also be displayed on mobile reception devices or in services and software applications.
7.2    The user undertakes to upload only user content and to create content that does not infringe the rights of third parties, in particular trademark rights, competition rights, copyrights, property rights or personal rights.

8.    Term and termination
8.1    The usage contract can be terminated at own discretion at any time.
8.2    The user may give notice of termination via the account on the application by deleting the user's account on the application. Alternatively, the notice of termination can be made by e-mail or by other notification in text form.
8.3    The right to terminate for important reason remains unaffected.

9.    Settlement after termination
The personal data deposited by the user will be deleted by the provider within 30 days after the end of the usage contract. If the provider is not entitled to delete data for legal or other reasons, the provider may alternatively block it. As soon as the provider is entitled to delete the aforementioned data, this data will also be deleted by the provider. The rights of data subjects according to the General Data Protection Regulation (GDPR) remain unaffected.
10.    Adjustments to the application
10.1    The provider reserves the right to continuously adapt and improve the functionality of the application, or even change the application as a whole.
10.2    The provider is entitled to discontinue or modify the free services on the application at any time.
10.3    The provider is entitled to adapt the application or individual functions of the application for technical reasons, insofar as this is reasonable for the user or insofar as this is required by legal provisions.
11.    Limitations of liability
11.1    Subject to the further provisions of this section 11, the provider shall only be liable if and to the extent that the provider, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. The provider does not guarantee that the application will be available completely, uninterruptedly and error-free. However, in the event of the provider's default or the impossibility of performance for which the provider is responsible, as well as in the event of a breach of material contractual obligations (so- called cardinal obligations), the provider shall be liable for any culpable conduct on its part and that of its legal representatives, officers, employees or other vicarious agents. Essential contractual obligations are defined in the abstract as obligations whose fulfillment is essential for the proper performance of the usage contract and on whose fulfillment the user may regularly rely.
11.2    Except in the case of intent or gross negligence on the part of the provider, its legal representatives, officers, employees or other vicarious agents, the provider's liability shall be limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
11.3    The exclusions and limitations of liability set forth in section 11.1 and 11.2 above shall not apply in the event of the assumption of express warranties, in the event of claims based on the absence of warranted characteristics and for damages arising from injury to life, limb or health and in the event of mandatory statutory provisions. The limitations of liability regulated in section 11.2 shall furthermore apply in the event of a debtor's default by the provider, not to claims for default interest, for the lump sum for default pursuant to section 288 (5) of the German Civil Code (BGB) as well as for compensation for the damage caused by default, which is justified in the costs of legal action.
11.4    Claims under the Product Liability Act shall remain unaffected by the provisions of this section 

12.    Exemption
12.1    The provisions of this section 12 are directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (BGB).
12.2    The user shall indemnify the provider upon first request against all claims of third parties, in particular claims due to copyright and property right infringements, which are raised against the provider in connection with the contractual use of the user content or other content uploaded by the user to the application. The indemnification also includes the reimbursement of costs incurred by the provider as a result of legal prosecution/defense. This shall not affect any further claims for damages against the user on the part of the provider. Insofar as the provider is responsible for the infringement, claims against the user are excluded.
12.3        In the event of a claim against the HZI by a third party, the user is obliged to immediately provide the provider with all information available to him/her truthfully and completely, which is necessary for an examination and defense against the claims of third parties.
13.    Reference to online dispute resolution
The provider hereby refers the user to the online dispute resolution (ODR) site of the European Commission with the following link: ec.europa.eu/consumers/odr/.
14.    Reference to the VSBG (Act on Alternative Dispute Resolution in Consumer Matters)
The provider is not obligated or willing to conduct proceedings in accordance with the VSBG before a consumer arbitration board. However, the Act on Alternative Dispute Resolution in Consumer Matters (VSBG) requires that reference is nevertheless made to a consumer arbitration board responsible for the consumer:
Online Mediator
Zentrum für Europäischen Verbraucherschutz e.V. Bahnhofsplatz 3
77694 Kehl
Phone: 07851 / 991480
E-mail: mail@online-schlichter.de Internet: www.online-schlichter.de
15.    Reference to data protection information
The provider refers the user to the data protection information in accordance with Art. 13 DSGVO, which can be accessed at here.

16.    Language, wording of the contract, applicable law, place of jurisdiction and place of performance
16.1    The contract language is English.
16.2    All contract texts are accessible to the user in the account in the current version.
16.3    With respect to entrepreneurs within the meaning of § 14 BGB (German Civil Code), these terms of usage and the contracts regulated therein shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16.4    If the user is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, then the registered office of the provider is the exclusive place of jurisdiction for all legal disputes arising from or in connection with the terms of usage. Otherwise, the statutory places of jurisdiction shall apply.
16.5    With respect to entrepreneurs within the meaning of § 14 BGB (German Civil Code), the place of performance shall be the registered office of the provider.

17.    Amendment of these terms of usage
17.1    The provider reserves the right to unilaterally amend these terms of usage if this appears objectively justified. Changes are objectively justified, for example, in the event of an expansion or change in the functions of the application, a change in the legal or statutory situation (for example, if case law declares a section invalid) or if the equivalence relationship existing at the time of conclusion of the contract is disturbed to a not insignificant extent due to unforeseeable changes that are not caused by the provider and over which the provider also has no influence. The prerequisite for a change is always that it is reasonable for the user.
17.2    The user will be notified of any changes to the terms of usage. They shall be deemed to have been approved if the user has not objected to the validity of the amended terms of usage within four (4) weeks in writing or by e-mail to the provider and the provider has pointed out the legal consequences of failure to object.

18.    Usage of user contact data
By registering the user gives the provider the right to inform about relevant information regarding the goal of the provider via the application or email at any time.