Terms of Use
This terms of use have been translated from the German version. Where inconsistencies occur, the German version will take precedence. For the German version, please switch languages on the top right corner of this website.
§ 1 – Provider, Content of the Offer
(1) The provider of the Internet presence dialog.diid.hhu.de (hereinafter referred to as "platform") is the Düsseldorf Institute for Internet and Democracy (DIID) (hereinafter referred to as "provider"). The following terms and conditions govern the rights and obligations between the provider and the respective user of the platform.
§ 2 – Access Requirements, Registration
(1) Any visitor to the platform can view the status of a procedure and the associated discussion contributions without any special requirements, insofar as the project managers have made their procedure accessible to the general public. It is up to the respective project managers to decide whether they reserve the viewing of and participation in one of their proceedings for certain users.
(2) Participation in a procedure is done, for example, by adding discussion contributions or comments or participating in a poll or vote (hereinafter "contributions").
(4) Participation in proceedings requires prior registration as a user on the platform.
(5) Each User may apply for registration on the platform online by providing a username (pseudonym) of his/her choice, his/her e-mail address and a password of his/her choice.
(6) Only one registration is permitted for each user. A deputy or fiduciary registration for third parties is not permitted. The provider reserves the right to terminate user relationships without notice if they are based on multiple registrations by the same person or on proxy or fiduciary registration for a third party.
(7) Visiting the platform, registering as a user, setting up procedures and participating in them are free of charge.
§ 3 – Participation, Grant of Rights
(1) Each user undertakes to submit only those contributions that have been personally written by him/her and are based on his/her personal convictions and considerations.
(2) Unless otherwise indicated in a procedure, a contribution by a user is published on the platform together with the username so that the contribution can become part of the public discussion of the procedure.
(3) The user grants the provider the right to evaluate all components of the contribution (texts, images, audiovisual content and other data) for research purposes and to publish them, reproduce them, make them publicly accessible and also distribute them in other ways, for example in printed form for the documentation of the procedure, by mentioning his username. The provider is also permitted to forward corresponding data sets of the contributions to project and research partners for research and publication purposes. The granting is made as a temporally and geographically unrestricted, ordinary right.
(4) The user guarantees the provider that he has all the necessary rights to all components of his contribution; this also applies to personal rights of persons who are depicted or reproduced in any photos, video or audio files submitted. The user indemnifies the provider against all claims made by third parties due to possible infringements of rights by the contribution. The claim for indemnification also includes the costs of an appropriate examination and, if necessary, legal defense that become necessary in such a context, unless the user is not responsible for the complaint of the third party.
(5) The rights are granted free of charge.
§ 4 – Quality Assurance
(1) The provider may refrain from publishing a contribution or remove a published contribution from the platform if he is convinced at his own discretion that the contribution is not conducive to the intended factual dispute in the respective proceedings. This is particularly the case if a contribution
– is not related to the subject of the procedure,
– contains sensitive personal data,
– is limited to the reproduction of opinions or other statements of third parties without indicating the user's own opinion,
– has an insulting character in content or form, which is not to be tolerated even under consideration of the freedom of opinion,
– contains or represents an infringement of rights, such as defamation, slander, incitement of the people, coercion, blackmail, threats or infringements of copyright, trademark law or personal rights.
Please observe the netiquette in this context.
§ 5 – Termination of the Usage Relationship
(1) Either party may terminate a usage relationship at any time by giving notice in text form.
(2) The termination of a usage relationship by a user shall not affect the rights to the user's contributions granted to the provider up to that point; rather, these rights shall continue to apply. This shall not affect the user's legally indispensable rights, for example to recall his/her rights, to revoke them or to terminate them for good cause.
(3) Contributions of a user remain publicly accessible on the platform even after termination of the usage relationship, however, the username originally published with a contribution is removed and replaced by a notice that the authoring user is no longer active on the platform.
(4) The platform is operated for an indefinite period; the users have no claim to unlimited running time or to a specific availability ("up-time").
§ 6 – Liability
(1) The processes of the platform are automated, in particular the establishment of procedures as well as the publication of contributions. The provider does not check data submitted online by users before publication for appropriateness of content, factual accuracy or for any legal violations. However, the provider will immediately follow up on concrete indications of problematic content within the scope of its legal obligations.
(2) The liability of the provider for pecuniary loss is excluded; this shall not apply insofar as a pecuniary loss is based on intent or gross negligence on the part of the provider, its legal representative or one of its vicarious agents. The liability of the provider for damages resulting from injury to life, body or health based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider shall remain unaffected.
§ 7 – Changes in the Terms of Use
(1) From time to time it may become necessary to amend these Terms of Use. In such a case, the provider will announce the intended change to the user by e-mail at least six weeks before it takes effect.
(2) If the user does not object in text form within four weeks of receipt of the announcement, his consent to the change shall be deemed granted. The provider shall specifically draw the user's attention to this legal consequence of tacit consent in the announcement.
(3) If the user objects to the announced change in due time, the change shall not take effect with respect to said user.
§ 8 – Applicable Law
The use of the platform is governed by the laws of the Federal Republic of Germany, excluding the conflict of laws rules of private international law. This choice of law does not apply insofar as it would restrict mandatory statutory rights of a consumer with permanent residence abroad.