Effective Date: [Insert Date]
These Terms of Service ("Terms") govern your use of the platform Schwelmer Online ("Platform", "Network") provided by DomiXo – IT-Service ("Provider", "we", "us") based in Germany.
Please read these Terms carefully. If you do not agree with them, you may not use the Platform.
1.1 The agreement for the use of the Platform is concluded between you ("User", "you") and the Provider.
1.2 These Terms apply to all uses of the Platform, including registration, content publication, participation in discussions, and any other interaction with the Platform or its users.
1.3 These Terms supersede any prior terms or participation agreements unless expressly agreed otherwise in writing.
2.1 Certain areas of the Platform require registration. You must provide accurate, complete, and current information and keep it up to date.
2.2 You are responsible for keeping your login credentials secure. Your account may only be used by you. Notify us immediately if you suspect unauthorized access.
2.3 You may not create multiple accounts using false information, impersonate others, or create accounts on behalf of third parties without their explicit consent.
2.4 If you delete your account or we terminate it in accordance with these Terms, the agreement between you and us ends as set out in Section 7.
3.1 The Platform enables users to publish content (such as text, photos, and videos), connect with others, share events, exchange local news, and support businesses, associations, and initiatives in the Ennepe-Ruhr district.
3.2 Our services are hosted and operated from Frankfurt, Germany.
3.3 We reserve the right to modify, expand, or limit the scope of our services at any time. Where legally required, we will provide notice of significant changes.
4.1 By posting content, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to host, use, reproduce, publicly display, translate, adapt, and modify your content as necessary to provide the Platform’s services.
4.2 You retain ownership of all intellectual property rights to your content.
4.3 When you delete content or your account, the license ends, except for technical or legal backup copies that may be retained as permitted by law.
4.4 You must not post content that violates applicable law or the rights of third parties (e.g., copyrights, trademarks, or privacy rights).
5.1 You agree not to:
provide false or misleading information,
post content promoting violence, hate, discrimination, or illegal acts,
distribute spam or unauthorized advertising,
use automated tools to collect user data,
harass, threaten, or harm others in any form.
5.2 If you represent a business or organization, you must comply with all applicable competition, trademark, and consumer protection laws, and include a proper legal imprint if required.
5.3 You are solely responsible for the content you post. You agree to indemnify and hold us harmless from any claims made by third parties arising from your content or conduct.
6.1 We may restrict, suspend, or delete content, user profiles, or groups if we determine that these Terms or applicable laws have been violated.
6.2 In urgent cases, suspension or deletion may occur without prior notice.
6.3 We will notify you about such actions where possible and provide an opportunity to respond, unless prohibited by law.
6.4 In the case of severe or repeated violations, we may permanently terminate your account and deny future access to the Platform.
7.1 This agreement is valid for an indefinite period.
7.2 You may delete or deactivate your account at any time. Deletion of the account constitutes termination of this agreement.
7.3 We may terminate this agreement at any time, especially in the event of a breach of these Terms, with reasonable notice or, in severe cases, without notice.
7.4 After termination, you lose access to all Platform services, and your content may be permanently deleted.
8.1 The use of the Platform’s basic features is free of charge.
8.2 We reserve the right to introduce premium or paid features. We will inform you separately and obtain your consent where necessary.
8.3 We may display advertisements on the Platform, including personalized ads. You acknowledge and agree that we may do so.
8.4 You may not run third-party advertising or commercial promotions on the Platform unless expressly authorized by us.
9.1 We take the protection of your personal data seriously. Details are set out in our Privacy Policy, which forms an integral part of these Terms.
9.2 By using the Platform, you consent to the processing of your data in accordance with our Privacy Policy.
9.3 All data is stored on servers located in Frankfurt, Germany, or within the European Union unless otherwise specified.
9.4 You have the right to access, correct, delete, restrict, or transfer your personal data in accordance with applicable data protection laws such as the GDPR.
10.1 The Platform is provided "as is" and "as available." We make no guarantees regarding availability, uninterrupted operation, or error-free functionality.
10.2 We are liable only for intent or gross negligence and for the violation of essential contractual duties ("cardinal obligations"). Liability for slight negligence is excluded, except in cases involving injury to life, body, or health.
10.3 Where permitted, our liability is limited to the foreseeable, typical damages.
10.4 We are not liable for user-generated content or for any acts of third parties.
10.5 Any claims for damages against us expire one year after the user becomes aware of the cause of the claim.
11.1 All rights to the Platform, including software, trademarks, designs, logos, and documentation, belong to the Provider or its licensors and are protected by intellectual property law.
11.2 You may not reproduce, distribute, publicly display, or otherwise use any part of the Platform without prior written permission.
12.1 We may update or modify these Terms at any time. You will be notified in an appropriate form (e.g., by email or via notice on the Platform).
12.2 If you do not object to the changes within 30 days and continue to use the Platform, the amended Terms are deemed accepted.
12.3 You have the right to terminate your account before the changes take effect.
13.1 If any provision of these Terms is or becomes invalid, the remaining provisions shall remain in full force and effect.
13.2 The invalid provision shall be replaced by one that comes closest to the intended economic purpose.
13.3 Place of performance and jurisdiction, where legally permissible, is the registered office of the Provider. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.4 These Terms constitute the entire agreement between you and the Provider and supersede all prior agreements regarding the Platform.
