Optodono

The following terms of use govern the contractual relationship between the provider of the online community named "Optodono" of Portamus GmbH, Inselstr. 27, 46149 Oberhausen (hereinafter referred to as the provider) and the user.

By completing the registration process for the online community, the user makes an offer to conclude a usage agreement based on these terms of use. Upon activation of the user account by the provider, the provider accepts this offer to conclude a usage agreement.

Contrary or deviating conditions of the user are generally only accepted by the provider through explicit written confirmation.

The provider is entitled to change and adapt these conditions during the ongoing membership. The provider will transmit the modified conditions to the user in written form and explicitly highlight the new regulations. At the same time, the provider will grant the user a reasonable period to declare whether he accepts the modified terms of use for the continued use of the services. If no declaration is made within this period, the modified conditions are deemed accepted. The provider will expressly inform the user of this legal consequence at the beginning of the deadline. If the user objects to the modification of these conditions, the provider is entitled to terminate the usage agreement with immediate effect at the time the modified terms of use come into effect, in relation to other users.

The object of the usage agreement is the provision of a globally accessible online community by the provider. The online community is dedicated to the topics of events, activities, and participatory opportunities.

The online community provides the user with the following usage options:

• Creation of a personal profile, which is publicly accessible to other registered users and, moreover, to any internet user, and the visibility of individual profile information can be set by the user,
• Upload of user-generated content and content management via the user account,
• Contacting other users, managing contact details,
• Creating events, activities, and participatory opportunities for which other users can send participation requests,
• Confirmation and rejection of contact requests from other users,
• Receiving and sending messages to and from other users,
• Performing a search for events, activities, and participatory opportunities from other users,
• Performing a search for other users and profile data,
• Posting messages in user forums on the designated topics,
• Posting messages and comments on events, activities, and participatory opportunities.

The specific graphic and functional design of the contractually agreed usage options, the expansion of usage options with additional features, or their supplementation with paid additional services are at the discretion of the provider. While maintaining the contractually agreed usage options, the provider is always entitled to modify and adapt the specific design.

The online community is available to the user indefinitely. A availability of at least 95% on an annual average is aimed for. Unavoidable, unforeseeable, and extraordinary events that may lead to the unavailability of the online community, such as power outages, hacking attacks, failures of telecommunication lines from the handover point to the internet, are not credited towards the availability minimum.

Only natural persons can register for the use of the online community. Users must be at least 14 years old to register.

The user is obligated to provide truthful and complete information about his person in accordance with the registration form's specifications and to keep his data up to date. The user is also informed about the Privacy Policy.

The user is obliged to keep his password confidential, secure, and not accessible to third parties. If the password becomes known to third parties, the user must inform the provider immediately by email or in writing so that the old password can be blocked and a new password assigned.

The user is not entitled to make his user account available to third parties. The user acknowledges that he is fully responsible for the actions of a third party to whom he makes his user account available.

The user may only use the usage options provided by the provider within the contractually assumed purposes. Any abusive use beyond this purpose is prohibited for the user, including, in particular, the following actions:

• systematic extraction of the contact details of other users for the purpose of passing them on to third parties;
• unreasonable harassment of other users through aggressive, obscene, offensive, defamatory, or intrusive forum posts or messages;
• unreasonable harassment of other users through the mass sending of unsolicited advertising;
• extensive or permanent use of the online community for the publication and distribution of content that does not correspond to the purpose or topic of the online community and may affect the attractiveness of the online community for other users;
• any measures leading to excessive system loads or system disruptions;
• using others' identities for registration, posting contributions, or sending messages.

Each of the aforementioned breaches of duty entitles the provider to terminate the usage agreement with immediate effect and to temporarily or permanently block the user account. In addition, the provider is entitled to refuse the activation of a new account for this user for a period of one year from the termination.

Statements and comments in messages, events, or other contributions should follow the rules of polite and respectful interaction. Criticisms and opinions should be expressed constructively and may not.

By publishing content on the website, the user assures that he owns all necessary rights for this purpose. The user undertakes not to publish or send contributions on the website that violate good morals or applicable law. The user is particularly obliged not to publish or send contributions (texts, images, photos, videos, names, trademarks, etc.) that

• constitute a criminal offense or an administrative offense upon publication,
• violate copyright, trademark, or competition law,
• violate third-party data protection rights (e.g., publishing private messages without the sender 's consent),
• have offensive, untrue, racist, discriminatory, youth-endangering, or pornographic content,
• contain advertising, including graphics or links with or without accompanying text in a signature or within posts.

The user indemnifies the provider from all third-party claims that arise in connection with a legal violation committed by the user and attributable to him. The user assumes all necessary costs of legal defense in this regard.

The provider is entitled to delete, modify, or deactivate the content posted by the user if it violates the rights of third parties or if third parties assert claims due to a legal violation, the justification of which cannot be readily ruled out.

If the provider becomes aware of a possible infringement through the user's content, he will immediately notify the user thereof in written form.

The user is entitled to terminate the usage agreement with the provider at any time without giving reasons and without observing a notice period. The termination must be in written form or can be declared implicitly by deactivating the user account. In the event of termination, the user's profile will be deleted, but the contributions and content published in events or comments will remain, without linking to his profile.

The provider is entitled to terminate the usage agreement at any time without observing a notice period in written form (e.g., email).

In addition to termination with notice, the provider is entitled to terminate the usage agreement without observing a notice period if there is good cause. Good cause exists, in particular, if the user persistently and seriously violates his contractual obligations and/or culpably and seriously violates legal regulations when using the online community.

In these cases, the provider is also entitled to delete the user account and to refuse the creation of a new account for this user for a period of one year from the date of receipt of the termination.

The provider will exercise his right to ordinary termination and deletion of the user account if the user has not logged in for at least one year and has not responded to a reminder message.

The copyright for the contributions posted, insofar as they are protectable by copyright, remains with the respective user. However, by posting his contribution in the online community, the user grants the provider the non-exclusive, worldwide, and unlimited right to

• permanently make contributions publicly accessible on the website (also translated),
• reproduce and distribute contributions in printed works (also translated),
• move contributions within the website and link them with other content,
• edit contributions, in particular, to shorten, translate, move within the website, and/or link with other content, also outside the website,
• modify or partially delete contributions if required by Section 5.

The user has no right to delete or correct contributions he has created. The provisions of the Privacy Policy, the Copyright Act, and any legal obligation of the user to delete remain unaffected.

The provider is liable for intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. For slight negligence, the provider is liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body, or health, or for the violation of essential contractual obligations. However, the claim for damages for the slight negligent violation of essential contractual obligations is limited to the typical, foreseeable damage, unless liability is assumed for the violation of life, body, or health. The provider is liable to the same extent for the fault of vicarious agents and representatives.

The provisions of the preceding section apply to claims for damages in addition to performance, claims for damages instead of performance, and claims for reimbursement of futile expenses, regardless of the legal basis, including liability for defects, default, or impossibility.

The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Consumers have a legal right of withdrawal.

--- Withdrawal Instructions ---

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Portamus GmbH, Inselstraße 27, 46149 Oberhausen, info@portamus.com, phone +49 (208) 30980891) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the share of the services already provided by the time you inform us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

(You can use the attached sample withdrawal form or formulate the withdrawal yourself.)

Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)

To:

Portamus GmbH
Inselstr. 27
46149 Oberhausen
Germany
info@portamus.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
__________________________
__________________________
Ordered on (*)________(*)/received on (*)________

Name of the consumer(s)
__________________________
Address of the consumer(s)
__________________________
__________________________
__________________________
__________________________

Signature of the consumer(s) (only if communicated on paper)
__________________________
Date
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(*) Delete as appropriate

German law exclusively applies to the exclusion of international private law and the UN Sales Convention. Excluded from this is the area of industrial property rights and copyright.

For the determination of the place of jurisdiction, the following applies:

If the user has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction is the registered office of the provider. The provider can also sue the user at his general place of jurisdiction.