1 Subject of the agreement and scope of validity
1.1 The subject of the agreement is the use of the functions of the forum as a communication platform. TopThrowing Forum (hereinafter also referred to as 'TopThrowing' or 'the provider ') provides the user with a “member account", with which the user can post content in the form of topics and contributions on the forum.
2 Registration, membership, participation
2.1 To gain access to the forum, prior registration on this website as a member of TopThrowing Forum is required. This applies to any type of membership. The successful registration as a member opens up the forum to the user. The user can prepare and publish contributions on the forum.
2.2 There is no entitlement to a membership.
2.3 The user is obliged to keep his access data secret and to protect it from access by third parties. He may not make his account available to third parties for use. Trademark-protected words, internet addresses and images are not permitted for use as a user account.
3 Services of the provider
3.2 The provider can make substantive and structural changes to the forum, if this does not or only insignificantly detracts from the subject of the agreement.
4 Exclusion of liability
4.1 Claims for damages by the user are excluded, unless otherwise specified below. This exclusion of liability also applies to legal representatives and auxiliary persons of the provider, if the user asserts claims against them.
4.2 Unaffected by the exclusion of liability are claims for damages based on a violation of life, body and health as well as claims for damages by breaching essential contractual obligations. Essential contractual obligations are contractual obligations that must be followed in order for the contract to be fulfilled at all. Also excluded from the exclusion of liability is liability for damage resulting from an intentional or grossly negligent breach of an obligation by the provider, its legal representatives or auxiliary persons.
4.3 In the event of slightly negligent breach of secondary obligations, which are not essential contractual obligations, the provider is not liable.
4.4 The provider does not guarantee the content posted on the forum, especially the correctness, completeness, reliability, topicality and usability thereof.
5 Duties of the user
- not to publish contributions that have false, abusive, racist, discriminatory or pornographic content,
- to refrain from contributions whose publication is a criminal offense or an offense,
- not to violate copyright, trademark or competition law,
- to refrain from advertising without the written permission of the forum provider (this also applies to surreptitious advertising, e.g. via a URL in the signature) and
- omit spam on the forum.
5.2 The user is also obliged to check whether his topics, content and contributions are in accordance with the contractual requirements before publication.
5.3 In the event of a violation of Articles 5.1 and 5.2, the provider takes the right, irrespective of termination of membership:
- change or delete the relevant contributions and content,
- issue an official warning, or
- block user access.
The user is obliged to compensate the provider for damage caused by breach of a duty.
5.5 In the event of claims by other users or third parties against the provider on the basis of possible violations of the law by the user, the user is obliged to exempt the provider from all claims and to reimburse the resulting costs. The user also supports the provider in warding off such claims. In addition, the user is obliged to bear the costs of an appropriate legal defence of the provider and to provide information. If the user has not committed the violation of law, the previous obligations will lapse.
6 Transfer of user rights
6.1 The copyright for the posted contributions and content, if they fall under copyright protection, remains with the user. However, the user grants the provider the right to keep his posted contribution permanently available for consultation on the online platform on the forum. The provider has the right to delete, edit, move, close and link contributions within its online platform.
6.2 The user has no claim against the provider for erasure or rectification of the contributions placed by him. The aforementioned user rights also remain with a cancellation of the agreement regarding the use of the forum and with a cancellation of the club membership.
7 Term and termination of membership
7.1 This agreement is limited to the duration of the membership of the TopThrowing Forum . The provider will block the user's access to the online portal and thus to the forum upon termination of the membership.
7.2 The right of both parties to block the agreement for serious reasons if necessary or to terminate it without notice also remains unaffected. There is an important reason if a party acts through fault in breach of an essential contractual obligation accepted by it in this agreement.
7.3 The provider is entitled, but not obliged, to delete the content posted by the user in case of termination of the membership. A claim by the user to hand over the posted content is excluded.
8 Change or termination of the offer
8.1 The provider is at all times entitled to make changes to its service at its own discretion.
8.2 The provider is entitled to terminate his service with due observance of a notice period of two weeks. In the event of termination of its service, the provider is entitled, but not obliged, to delete the content posted by the users.
9 Choice of law
The contractual relations between the provider and the user are governed by the law of France. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the user has his habitual residence.