Terms of use for posting user content (ratings/comments, images and videos) on finifuchs.de

  1. Publication Opportunity

(1) FiNiFuchs grants the user (also referred to as "User") the revocable opportunity to publish certain content (see Section A.5.(1)) on the FiNiFuchs website so that other users can access it. This opportunity is generally provided free of charge, except for cases that require a separate agreement.

(2) The conditions for publishing such content, including the provision and confirmation of a user-associated email address or the requirement for prior registration, are determined by the functionality of the FiNiFuchs website and may be modified at any time at the discretion of FiNiFuchs.

(3) The minimum age for publishing user content is 16 years.

  1. User's Obligations

(1) The user undertakes not to post content that:

  • is untrue or false,
  • is harmful to minors, pornographic, racist, incites hatred or is otherwise illegal,
  • infringes the rights of third parties, such as personal rights, data protection rights, trademarks, patents, copyrights, or property rights,
  • glorifies, coerces, threatens, insults, or defames others.

(2) Users are not allowed to advertise to other users or third parties through the FiNiFuchs website. This includes the use of links to chain letters, gift circles, surveys, pyramid and Ponzi schemes, and the purchase of securities. However, the positive presentation of services or locations is not considered advertising if the specific requirements for reviews (see below (4)) are met.

(3) Users are not permitted to send data or store data on a FiNiFuchs data carrier that may adversely affect the functioning of the FiNiFuchs computer systems or those of third parties (e.g., viruses, Trojans, spam emails, etc.).

(4) Regarding reviews of aids (including evaluative statements in user profiles, forum contributions, images, or videos), the user undertakes, in particular:

  • to ensure the correct and accurate allocation of their review to an aid or other service,
  • to submit a review only if they have personally used the service being reviewed,
  • not to submit a review or post an image/video if they are an employee, owner, or operator of the service being reviewed or a family member acting on their behalf. The same applies to employees of aid manufacturers, distributors, or other companies economically linked to the aid being reviewed, as well as their family members or representatives.
  • not to make false factual statements about aids, processes, or other relevant circumstances related to the aid,
  • not to provide value judgments that focus primarily on personal defamation or serve purposes other than providing authentic impressions to other users seeking information about aids or related services,
  • not to publish content for payment or material benefits (excluding low-value incentives that are reasonably proportionate to the effort of submitting a review and granted independently of the content of the review),
  • not to post images or videos showing identifiable individuals,
  • not to violate the personality rights of others by identifying them in submitted texts.

(5) If a user violates these terms of use, FiNiFuchs is entitled to delete or block content without notifying the user or providing reasons. The same applies in cases where there is reasonable suspicion of such violations. All other rights and claims remain unaffected.

(6) Users are advised to store backup copies of all content they publish or make accessible on the FiNiFuchs website on their own computer system, as FiNiFuchs is not liable for data loss.

  1. Grant of Rights

(1) The user grants FiNiFuchs the right to store, reproduce, and publish their content on the FiNiFuchs website or in other media for free and on a non-exclusive basis. This includes making the content publicly accessible and reproducing it in any other manner. FiNiFuchs is also entitled to use the content for advertising and PR purposes (in all media) for its own offers and those of third parties, and to sublicense the rights to third parties if necessary for the use of the content on third-party online platforms, provided that FiNiFuchs grants rights to the content to those third parties.

(2) The user guarantees that they hold all necessary rights, particularly all copyrights, to the user content to grant FiNiFuchs the rights specified in paragraph (1). Typically, a user only holds the necessary rights if they have created the content themselves. It is the sole responsibility of the user to acquire the necessary rights to publish user content on FiNiFuchs.

(3) The grant of rights specified in paragraph (1) is unlimited in time, unless the user provides evidence to FiNiFuchs that further accessibility of the content would be unreasonable in the future due to significant disadvantages.

  1. Indemnification

The user agrees to indemnify FiNiFuchs from all third-party claims, including reasonable or legally determined costs of legal defense, that result from a culpable violation of the user's obligations under Section 2 or from the guarantees under Section 3(2). The user shall support FiNiFuchs in defending against such claims, in particular by providing all necessary information for the defense.

(As of February 10, 2020)