Using the Service to transmit any material or content, or conduct or assist in the conduct of any activities (by email, uploading or otherwise) that, intentionally or unintentionally, violates any applicable German law. This especially includes any material that threatens or encourages bodily harm, or attempt to harm persons, or that is pornographic, obscene or discriminating. Furthermore included is material that can be accessed via an unauthorized link set by a third party or other.
This especially includes material where after the user makes himself liable:
- Circulation of propagandist material of unconstitutional organizations (§§ 86, 86a StGB)
- Agitations against others by spreading material of unconstitutional organizations (§§ 130 II No. 1 StGB)
- Seduce someone into a crime (§ 130a StGB)
- Circulation of material glorifying violence (§ 131 I StGB)
- Abuse and/or insulting confessions, religious communities and philosophical unions (§ 166 StGB)
- Circulation of pornographic material especially related to child abuse, sexual actions between human and animal as well as graphic material of the primary sexual organs (§ 184 StGB)
- Insulting, defamation and slandering of others (§§ 185ff. StGB)
- Prohibited publication of information resulting from a non public hearing (§ 353 d StGB)
- Circulation of material jeopardizing the youth (§ 21 I No. 3a III, GJS)
- Prohibited publication of works protected by copyright (§ 106 UrhG)

7.2. Furthermore the publication, transmission or circulation of material of any kind violating against good manners and customs is prohibited.
7.3. A member may solely publish, upload or transmit material of any kind only when holding necessary rights.
7.4. The positioning of MP3-files on the 2insteadof1 memory server is prohibited.
7.5. All users uploading material of any kind into the 2insteadof1 Service sites is bound to check the material using a current anti virus program in order to detect any virus. Furthermore all users agree not to upload any material which enables access of unauthorized third parties on the 2insteadof1 Service sites.
7.6. All users are solely responsible to create a safety copy of own created material or uploaded material. This also included the necessary software. 2insteadof1 is not liable for the loss of any data. Solely in case of any damage which was grossly negligent or intentionally created through 2insteadof1 itself.
7.7. Furthermore 2insteadof1 is not liable for any loss of membership data due to technical problems or server break down. Solely in case of any damage which was grossly negligent or intentionally created through 2insteadof1.

8. Commercial Use

8.1. Using the 2insteadof1 Service for unsolicited commercial purposes is prohibited. This includes the upload of any material for advertisement or commercial use such as clickable banners on homepages. Only in the event that 2insteadof1 authorizes any commercial or any other upload before hand. Furthermore it is prohibited to advertise for a personal homepage by transmitting emails to other Members.
8.2. It is strictly prohibited to use the user sections of 2insteadof1 for any commercial purpose. This especially includes commercial advertisement as well as advertising for a personal homepage. Furthermore it is prohibited to use the email addresses in the databank for any personal or commercial advertisement.

9. Personal Use

9.1. The Service of 2insteadof1 is solely for your personal use. You will not use the Site, Services or your profile for any commercial purpose. A commercial use is only permitted within the sites where it is explicitly permitted.
9.2. The use of all other sites for any commercial purposes have to be applied for and agreed by 2insteadof1 in writing. In the exceptional event that the commercial use is granted the use of the Sites Service for commercial purpose is strictly at your own risk. 2insteadof1 will only be liable for any damage which was grossly negligent or intentionally created through 2insteadof1.
9.3. Furthermore included in the personal use are copyright or trademark infringements. In the exceptional event that the commercial use is granted by 2insteadof1 the user is prohibited to sell, give away, or transmission any material that infringes any copyright, trademark, patent or any other proprietary rights to any third party.

10. E-Mail Address

10.1. As a Member of 2insteadof1 you get a personal email account with your “nickname” free of charge. With this email account the emails addressed to this “nickname” will be forwarded to an external email account.
10.2. 2insteadof1 is in no event responsible for the data transported via the Internet or word wide web. Furthermore 2insteadof1 is not liable for any loss of data or whatsoever. 2insteadof1 will only be liable for any damage which was grossly negligent or intentionally created through the server 2insteadof1. Additionally to this the restrictions stated in article 15 of this Service Agreement apply.
10.3. It is prohibited to use the email service of 2insteadof1 for any unsolicited commercial email, unsolicited bulk email or to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes” and “chain letters”.
10.4. Without the explicit consent of a Member other Members it is prohibited to collect email addresses of other 2insteadof1 Members.

11. Trade area within 2insteadof1 Sites

Within the trade area 2insteadof1 under no circumstances will be responsible for any loss or damage resulting from other content posted on the service sites of the trade area or does 2insteadof1 guarantee the accuracy, completeness, or usefulness of any information or offers on these service sites. The Members using these information or offers solely makes business with the representing company. Furthermore the Member agrees to the Service Agreement of this representing company. 2insteadof1 is not an assistant of fulfillment and neither sales representative.

12. The use of the Service o to be done at your own risk

The Owner 2insteadof1 assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and at your own risk. 2insteadof1 will not monitor or screen any contents or remarks.

13. Rights of 2insteadof1

13.1. 2insteadof1 reserves the right and is obligated by law (TDG § 5) to remove any material which is in any manner prohibited by this Agreement or any other terms and conditions posted on the Site without notice and herewith after suspend or terminate your membership.
13.2. 2insteadof1 furthermore reserves the right to terminate a Membership in the case that a Member did not use the 2insteadof1 Service within the past six months. This includes the removal of all information related to the Membership without notice.
13.3. 2insteadof1 reserves the right to change any portion of this Service Agreement at any time by posting changes online and via an email to each Member. You are responsible for reviewing regularly information posted online. Your non-termination or continued use of the services after changes are posted constitutes your acceptance or deemed acceptance of this Agreement as modified by the posted changes. In case you do not agree with the changes to the Agreement 2insteadof1 reserves the right to terminate your membership as stated in article 13.1.

14. Liability of 2insteadof1

14.1. 2insteadof1 is not liable for any content or activities which directly or indirectly arise from Members which are not administrated by 2insteadof1. These contents can not be affiliated to 2insteadof1 and do not express the opinion of 2insteadof1. Included are links which are posted or listed by users within the 2insteadof1 Service.
14.2. 2insteadof1 does not exercise editorial control on any links posted or listed within the 2insteadof1 Service. 2insteadof1 is not liable or responsible for any contents, links, updates or any other information stated in these sites.
14.3. Under no circumstances will 2insteadof1, its affiliates or its assistants of fulfillment be responsible or be liable or guarantee the accuracy, completeness, or usefulness of any information on the Service of 2insteadof1. The Service is provided on an “as is” basis without any warranties or conditions of any kind. Furthermore neither 2insteadof1, its affiliates or its assistants of fulfillment warrant that your use of the service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the service will be corrected only solely in the case any damage which was grossly negligent or intentionally created through 2insteadof1.
14.4. In no event will 2insteadof1, its affiliates or its assistants of fulfillment be responsible for any loss or damage resulting from your use of the service, for any incidental, consequential, or indirect damages, including cost of service interruptions or procurement of substitute services directly or indirectly arising out of the use. Solely in the case any damage was grossly negligent or intentionally created through 2insteadof1. Furthermore 2insteadof1 is not liable for any damages inflicted unintentionally such as through official authority, union fights, accidental damages or acts of nature.
14.5. All listed regulations of this article include all regulative and non-regulative entitlements which result out of this Service Agreement and/or the use of the Service of 2insteadof1.

15. Final notice

15.1. This Service Agreement and/or the use of the 2insteadof1 Service do not set up any kind of joint venture, partnership, employment as employee or agent between 2insteadof1 and the Member.
15.2. The place of jurisdiction is Wiesbaden/ Germany.
15.3. The site shall be governed under German law.

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