(As at: January 2017)
§ 1 Scope of Application and General Information
(2) The articles posted in the blog are authored by Mr. Bernd Zipper in his capacity as a consultant and CEO of zipcon consulting GmbH or by guest writers and then posted by the operator in the blog.
(3) Users can submit comments about specific blog posts in accordance with § 5 of these terms.
(4) Use of the blog is free of charge. Registration is not required.
§ 2 Usage Rights
(1) All usage rights to the blog posts are reserved for the operator. Unless the operator has given their express consent, the user is not permitted to duplicate, disseminate and/or publish any content posted by the operator, other users or other third parties in the blog.
(2) By adding a comment to the blog, the user grants the operator an indefinite, geographically unrestricted, non-exclusive, complimentary and transferrable usage right to the comment, which entitles the operator to utilize it in any number of ways, in particular permanently featuring it in the blog. That specifically includes the right of duplication, the right of dissemination and the right of publication, especially the right to make it publically available. The user waives their right to be named as the author.
§ 3 Obligations of the Operator
(1) The operator endeavors to exercise the utmost care when authoring blog posts. The operator is not obliged to check the legality of posts by guest authors or comments by users prior to publication.
(2) The opinions reflected by users in their comments do not represent the opinions of the operator.
(3) Given the current state of technology, it is not possible to preclude all uncertainties connected with the Internet as a medium. For this reason the operator makes no warranty in respect of technical flaws, in particular the continuous, uninterrupted availability of the blog and its content.
§ 4 Obligations of the User
(1) If the user writes a comment in the blog, they must warrant to the operator that they have the necessary rights to publish and provide that particular content and that publication and provision do not breach any third-party rights or contravene any third-party legal positions. This applies in particular to copyright, trademark, labelling and personal rights as well as to competition law.
(2) Comments should refer to the topic(s) of the blog post being commented on and be conducive to a factual and objective discussion. Other opinions are to be respected. Comments of an offensive, insulting, or otherwise aggressive nature are neither welcome nor permitted.
(3) Comments with illegal content are not permitted. In particular this includes content that breaches the copyright, trademark, labelling or personal rights of third parties or competition law or contravenes statutory provisions for the protection of children as well as content that is punishable under criminal law. Users are not permitted to include links to websites with illegal content in their comments.
(4) Comments that contain advertising or spam or which are of a commercial nature are not permitted.
(5) Since all comments on blog posts are publically accessible, users should refrain from disclosing any personal data (e.g. address, phone number, e-mail address), which they do not wish to be published.
§ 5 Indemnity Entitlement
The user shall indemnify the operator and its employees or authorized representatives against any third-party claims made as a result of an alleged or actual breach of the law and /or breach of third-party rights caused by the user’s actions in connection with use of the blog, in particular the publication of comments. Furthermore the user undertakes to reimburse any costs that the operator may incur in connection with third-party claims made against it. Reimbursable costs include the costs of a reasonable legal defence.
§ 6 Publication, Abridging and Deleting of Comments
(1) There is no entitlement to have comments published in the blog.
(2) The operator is entitled but not obliged to check the legitimacy of user comments prior to publication.
(4) The user can have individual or all comments of theirs deleted from the blog by sending an e-mail with a corresponding request to email@example.com.
§ 7 Data Privacy
(1) In order to be able to submit a comment, the user must provide their name and e-mail address. They can also specify a website. The comment will then be published together with their name and website address, if provided. Their e-mail address will not be published.
(2) Users’ personal data will be saved and used by the operator solely for the purposes of this blog.
(3) By posting a comment in the blog, the user consents to having their data saved.
(4) The user can obtain further data privacy law-related information about this blog from the operator’s data privacy statement.