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Terms of Service

0. Preamble 

 Domus Verlags- und Servicegesellschaft mbH (“domus” or “we”) operates an interactive online service – the Housing Finance Network (“HFN” or “Website”) – which is available on various domains as a social network and information platform on the Internet.   

1. Third Party Website Disclaimer

The HFN may contain links to third party websites that are not owned or controlled by domus. Domus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, domus will not and cannot censor or edit the content of any third-party site. By using the HFN Website, you expressly relieve HFN from any and all liability arising from your use of any third-party website.

2. General - What to know about the validity of these terms and conditions

2.1 
Domus provides access to the HFN and its use on the basis of these terms of service and domus’s privacy policy, found at www.housing-finance-network.org/index.php. They govern the relationship between domus as operator of HFN and to its users - whether they are a "Visitor" or a "Member" (which means that they have registered with HFN) -, but also the relationship among the users of HFN .
The term "User" refers to a Visitor or a Member.

2.2

The terms of service apply to all content, features and other services ("HFN services"), which domus provides for HFN.

3. Registration

3.1
In order to access some features of the Website (e.g. the member area “MyHFN”), you will have to register. This registration as well as the usage of the Website is free.

3.2
Registration is exclusively permitted to unrestrictedly contractually capable natural persons.

3.3
Each user may register only once for the HFN and he/she insures with the registration that he/she is not a member of the HFN yet. 

3.4
The registration for the HFN starts with a registration form. The user must indicate the requested data completely and correctly, if and when they are not marked as optional information. Artist names, pseudonyms or other fancy name are not allowed. It is also prohibited to register with data of third persons or with otherwise not accurate data.

3.5
Domus will confirm the receipt of your data with the application by an e-mail which is send to the e-mail-address that the user submitted during the registration process. The registration is successfully completed only when the user confirms it by confirming the link sent to him. Only by using this activation link, the contract about the usage of the HFN between the user and domus comes in to effect.

3.5.1
After the successful registration the user has the possibility to use the member area “MyHFN”of the Website via the login area. The user needs for the login procedure its specific username and password.

3.6
A general right to conclude this usage contract does not exist. Domus may reject a registration without giving any reason.

3.7
The possibilities of identifying persons in the Internet are limited. Therefore, one can not exclude with certainty that inaccurate data are submitted to domus during the registration process. Domus is not liable for the correctness of transmitted identification data.

4. Termination of Contract

4.1 The contract is of unlimited duration and can be duly terminated for convenience by the User at any time. If the User terminates the contract with domus, he/she is obligated to state the email address under which he/she registered. The User can terminate the contract in written form (email).

4.2 Also domus may terminate the contract - this within a notice period of fourteen days. The right to immediately terminate the contract in accordance with the provisions mentioned in 7. of these Terms shall remain unaffected.

4.3 With the successful termination of the contract the respective user's account and all its personal data are permanently deleted. Those contributions or “User Submissions” which the user has made before the termination of the contract on the Website publicly available (e.g. on the message board of another user or within a group) will remain even after the termination. However, the user has the possibility to delete these Submissions before the termination of the contract.

5. Subject of the contract

5.1
The HFN offers its user different services which are available for use. These applications include but are not limited to:

- the provision of information about housing finance including external links,
- the provision of so-called profiles and other similar functions for submitting data and content (e.g. texts, pictures, graphics) that can be visible to all members and/ or only for certain groups of the HFN,
- the provision of functions for communication with other members (e.g. internal mail system),
- the provision of functions for the purpose of the creation, management and use of groups within the member area of the HFN.

5.2
The right to use the HFN exists within the scope of the state of art. Domus does not guarantee that the Website will be available at any time. Temporary restrictions may occur, for instance, due to technical malfunctions like an interruption of the electric power supply or malfunctions of hardware or software. Furthermore, domus concedes that HFN Services might temporarily be restricted if this is necessary with regard to – for instance – as capacity limits, the security of the integrity of the servers or the software or for the execution of technical measures and if this is necessary for a proper or improved performance of the HFN Services (for example maintenance work). In such cases domus will inform its Users in an appropriate way, like, for instance, by preliminary information – as far as this is practicable.


6. Obligations and Rights of Users

6.1. On the registration

6.1.1
The password that has been selected in the registration process is confidential and must not be communicated to third parties. A User may never use another's account nor are other users allowed to use accounts of a User without permission of domus. Users must notify domus immediately of any breach of security or unauthorized use of their account. Domus will not be liable for losses caused by any unauthorized use of User accounts.

6.1.2
If data quoted in the registration will change later on – for instance due to relocation or a change of employment – the User is obligated to immediately correct the respective data. Domus reserves the right to delete incomplete registrations after an appropriate period of time.

6.2 On the submission of Content

As a HFN account holder you may submit textual or graphical/video content (referred to as "User Submissions"). Domus does not guarantee any confidentiality with respect to any User Submissions.

6.2.1
Useres are solely responsible for their own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, the user ensures that the respective content is legal, and that it especially does not violate any applicable laws or violate any rights of third parties.

6.2.2
Users affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorize domus to use all copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

6.2.3
Users continue to retain any such rights that they may have in their User Submissions, subject to the limited license herein. By posting any User Submission on, through or in connection with the HFN Services, Users hereby grant to domus a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Submission solely on, through or in connection with the HFN Services, including, without limitation, through the HFN Services to applications, widgets, websites or mobile, desktop or other services which are linked with the HFN account (collectively, “Linked Services”), including any media formats and through any media channels. The license Users grant to domus is non-exclusive, fully-paid and royalty-free and worldwide. This limited license does not grant domus the right to commercially use, sell or otherwise distribute your Content outside of the HFN Services or Linked Services.

6.2.4
The Users agree that once User Submissions are distributed to a Linked Service or incorporated into other aspects of the HFN Services, domus is under no obligation to delete or ask other Users or a Linked Service to delete that User Submission, and therefore it may continue to appear and be used indefinitely.

6.2.5
It is forbidden to make available User Submissions if and insofar they violate statutory provisions, infringe any legal rights of third parties or contain a violation of good morals or decency.

6.2.6
It is forbidden to make available User Submissions with violent, sexual, discriminatory, defamatory, racist or otherwise illegal content or representations.

6.2.7
After making available User Submissions the user who provided that Content is usually able to remove or replace it at any time with effect for the future.

6.2.8
Domus reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, obscene or defamatory material, or excessive length. Domus may remove such User Submissions without prior notice and at its sole discretion.

6.3 On using Contents and User Submissions

6.3.1
It is not allowed to use the HFN services for: "stalking" as well as to molest other Users in any similar way, "spamming", e.g. to send "junk-mails" or unrequested mass mails or similar corresponding communication, "phishing", e.g. to obtain any passwords or access data of other Users by fraud.

6.3.2
Users are not allowed to use the Website, for any commercial use, without the prior written authorization of domus. It is also prohibited to use HFN's resources or submit User Submissions with the effect of competing with or displacing HFN and domus' services.

6.3.3
The content on the HFN Website, except all User Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like ("Content") are owned by or licensed to domus, subject to copyright and other intellectual property rights under the law. Content and User Submissions on the Website are provided to you for your information and personal use only and may not - with the exception of legally permissible cases - be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Domus reserves all rights not expressly granted in and to the Website and the Content.

6.4 Disturbing the network 

6.4.1
Disturbing interferences in the HFN network are prohibited. The users must especially refrain from using methods that impose an unreasonable or disproportionately large load on the HFN network or from molesting other users in an unacceptable way. 

6.4.2
Electronic attacks of any kind against the HFN Website or against individual users are strictly prohibited. Electronic attacks especially comprise - but are not limited to:

 - hacking attempts, i.e. an attempt to override/overcome, circumvent or invalidate in any other manner the safety barriers of the HFN Website;
- the use of computer programs for the automatic reading of data, as i.e. crawlers (aka spiders or robots, abbreviated bots) - with an exception for the operators of public search engines that have the permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- the intentional use and/or the dissemination of malware such as viruses, Trojans;
- the use of links, programs or other procedures liable or intended to damage the HFN Website or of individual users;
- brute force attacks;
- spamming of any kind, especially massive spamming.


7. Sanctions for non-compliance by the user

7.1
Compliance with these terms of service - in particular the provisions of section 5. with the obligations of users - is of major importance for an efficient and functional operation of the Website. Therefore, in case of any violation of a user or a user group against these terms of service, statutory provisions, the legal rights of third parties or good morals and decency, domus reserves the right to impose sanctions. Domus especially reserves the right to exclude the user(s) from the service with immediate effect, without giving any reason and excluding any claims for damages on the side of the user, and to fully delete his /her account including all data. Moreover domus is authorized to remove incriminating content from the Website without prior notice.

7.2
If a user has been blocked, a further use of the Website is prohibited. It is also prohibited for the suspended user to register again.


8. Indemnity against liability  

The user defends, indemnifies and holds domus harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) the user’s use of and access to the HFN Website; (ii) violation of any term of these Terms of  Service by the user; (iii) user’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that a User Submission caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the HFN Website.


9. Limitation of liability

The amount of liability of domus is limited – unless legal representatives, employees or other auxiliary persons acted wilfully or with gross negligence – to the typically foreseeable damages as predictable when concluding the contract.
Domus is not liable for the compensation of indirect damages, in particular for lost profit. Domus is only liable for the compensation of those damages, if legal representatives, executives or other auxiliary persons acted wilfully or with gross negligence.
The above-mentioned exclusions and limitations of liability do not apply if Domus explicitly stated to take on guarantee and, furthermore, in the case of damages regarding injuries of life, body or health as well as in case of provisions of mandatory statutory law.


10. Final clause

10.1
There are no additional agreements between the User and domus regarding these terms and conditions. If additional agreements are supposed to be concluded, such agreements would need to be in written form in order to become effective. The same applies to an agreement regarding the abolishment of this need for the written form.

10.2
Domus is entitled to change these terms and conditions at any time without stating any reasons. In such cases domus will send the amended terms and conditions to the Users – to the email addresses deposited at the HFN – before they come into effect. If a User does not object to the new terms and conditions within six weeks on receipt of the mail, the amended terms and conditions apply as accepted by the User. Otherwise, domus is entitled to terminate the contract at the time when the amended conditions for the use are supposed to become effective. Domus will inform the User in the email about the six weeks deadline. 

10.3
The User contract including these terms and conditions are subject to German law. Berlin is the exclusive place of jurisdiction for all disputes arising from this contract.

10.4
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

These Terms of Service apply to all Users of the HFN Website and HFN Services that either registered successfully with the approval of these terms or simply accessed the Website since the 14th April 2010.

 

To contact us regarding any questions about this Agreement, please write an email to the person named in the “Contact” menu.

 

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