Terms and Conditions
Welcome to SamoChat!
§ 1 Scope
The following conditions apply to the use of SamoChat.
§ 2 Registration, Conclusion and Object of Contract
1. For the use of SamoChat a registration is required via the appropriate online form. After registering via the online form in SamoChat, a confirmation e-mail for verification of your data will be sent to you, which you can use to confirm your registration by mouseclick. By activating your account, this usage agreement comes into force.
2. The object of the contract is the free use of the functions of SamoChat as an online communication platform. For this purpose, a "profile" is provided to you as a user, with which you can post contributions and topics in SamoChat.
3. Your SamoChat account may only be used by yourself. You are responsible for protection against the abuse of your account. Your access data must therefore be protected against access by third parties. The use of trademark-protected words and Internet addresses as names are not permitted.
4. SamoChat will endeavor to offer the service as uninterrupted as possible. Even with all due diligence, downtimes in which the web servers are not on the Internet due to technical or other problems which are not within the sphere of influence of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.) can not be avoided. The user acknowledges that a 100% availability of the website is not technically feasible.
5. The SamoChat reserves the right to change and extend the content and structure of the platform as well as the associated user interfaces, if this does not affect the in-fill of the contract concluded with the user. SamoChat will inform the users accordingly about the changes.
6. The purpose of this platform is to provide a "market of opinions" to the public. It is therefore intended to cultivate a peaceful and respectful attitude among the users without offensive hostility.
7. You must at least be 13 years of age in order to use SamoChat.
§ 3 User's Obligations
1. As a user, you undertake that you will not publish any content that violate these rules, good morals or otherwise violate any law. You are prohibited, in particular, to
- publish offensive, unlawful, pornografic or illegal content;
- send spam to other users;
- use protected content without authorization, in particular through copyright and trademark law;
- perform any anti-competitive activities;
- post your topic several times in SamoChat (no double postings);
- publish third party articles without explicit authorization from the original author;
2. As a user, you undertake to review the content of your posts and topics before publishing them, whether or not they contain information that you do not wish to publish. Your contributions and topics can be indexed in search engines and thus accessible to the whole world. A claim for the cancellation or correction of such search engine entries against the provide is excluded.
3. In the event of a breach, in particular against the aforementioned rules § 3 paragraphs 1 and 2, the provider may also impose the following sanctions against the user, irrespective of a cancellation of his profile:
- deletion or alteration of the content provided by the user,
- a written warning or
- blockation of the access to SamoChat
5. Should third parties or other users make a claim on SamoChat because of possible legal violations which a) result from the content that you have published as a user and / or b) from the use of the services of the provider by you as a user, you commit to release SamoChat from any claims, including claims for damages, and to compensate SamoChat for the costs incurred at the provider in relation to the possible infringement. In particular, SamoChat shall be released from the costs of the necessary legal defense. SamoChat is entitled to demand an appropriate advanced money from you as a user. As a user you are obligated to support the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages by the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not apply.
§ 4 Transfer of usage rights
1. The copyright for your posts and contributions, insofar as they are protected by copyright, remain with you as a user. However, by publishing a post or a contribution, you grant SamoChat the right to permanently publish the post or the contribution on its website. In addition, SamoChat has the right to delete, edit, move or close your posts and contributions.
2. The aforementioned rights of use shall also remain in the event of a termination or cancellation of your SamoChat profile.
§ 5 Limitation of liability
1. SamoChat assumes no responsibility for the contents of this platform, in particular not for their correctness, completeness and currency.
2. SamoChat is liable for intent and gross negligence as well as for a breach of a fundamental contractual obligation. Fundamental contractual obligations are those whose fulfillment makes the proper execution of the contract possible at all and on whose compliance the contractual partner may regularly rely. SamoChat is liable for damages caused by a negligent breach of essential contractual obligations by them or by one of their legal representatives or vicarious agents, subject to the limitation of compensation for the type of contract foreseeable at the time the contract is concluded. In the case of slightly negligent breach of subsidiary obligations, which are not fundamental contractual obligations, SamoChat shall not be liable. Liability for damages which fall within the scope of a guarantee or assurance given by SamoChat as well as the liability for claims arising from the product liability law and damages from the injury to life, body or health remain unaffected.
§ 6 Term / Termination of the Agreement
1. This agreement is concluded for an indefinite period.
2. Both parties may terminate this agreement without complying with a period of notice.
3. SamoChat is entitled to block the access of the user after termination of this agreement. The provider is entitled but not obligated to delete the content you have created as a user in the event of termination. A claim by you as a user to release the created contents is excluded.