§ 1 Scope of application
The following conditions apply to the use of the PowderGuide forum (hereinafter referred to as "provider") and all other web pages under the PowderGuide.com domain. Use of the forum is only permitted if you as a user accept these terms of use.
§ 2 Registration, conclusion of contract and subject matter
1. the prerequisite for the use of the forum is registration via the corresponding online form. After registering via the online form in the forum, you will receive a confirmation email to verify your data, which you can use to confirm your registration with a mouse click. Once your account has been activated by the provider, the free forum usage contract comes into effect (conclusion of contract).
2. the subject matter of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you as a user will be provided with an "account" with which you can post contributions and topics in the forum.
3. there is no legal entitlement to activation or participation in the forum. The unrestricted domiciliary rights of the operator apply.
4. your forum account may only be used by yourself. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and Internet addresses as user names (nicknames) is not permitted.
5. the provider will endeavor to offer the service for retrieval with as few interruptions as possible. Even with all due care, downtimes cannot be ruled out in which the web servers cannot be accessed via the Internet due to technical or other problems that are beyond the control of the provider (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that 100% availability of the website is not technically feasible.
6. the provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces if this does not or only insignificantly impair the fulfillment of the purpose of the contract concluded with the user. The provider will inform the users accordingly about the changes.
7. the purpose of the forum is a "market of opinions" aimed at the public. Therefore, peaceful and respectful interaction without offensive hostility should be maintained among users.
§ 3 Obligations as a forum user
1. as a user, you undertake that you will not publish any contributions that violate these rules, morality or otherwise violate applicable German law. In particular, you are prohibited from publishing offensive or untrue content; sending spam to other users via the system; using content protected by law, in particular by copyright and trademark law, without authorization; engaging in anti-competitive activities; posting your topic more than once in the forum (prohibition of double postings); publishing third-party press articles in the forum without the consent of the author; advertising in the forum without the express written consent of the provider. This also applies to so-called surreptitious advertising such as, in particular, linking to your own homepage with or without post text in the signature or within posts. Homepage URLs and address or contact data may only be published in the user profile of the forum.
2. as a user, you undertake to check your posts and topics before publishing them to see whether they contain information that you do not wish to publish. Your posts and topics may be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
3. in the event of a breach, in particular of the aforementioned rules § 3 para. 1 and 2, the provider may also impose the following sanctions on the user, irrespective of termination: Deletion or modification of content posted by the user, issuing of a warning or blocking of access to the forum.
4. the provider is also entitled to block your access to the online platform if there is reasonable suspicion that you have violated these terms of use. You can avert these measures if you dispel the suspicion by submitting suitable evidence at your own expense.
5. should third parties or other users assert claims against the provider due to possible legal violations that a) result from the content posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user undertake to indemnify the provider against any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible legal violation. In particular, the provider shall be indemnified against the costs of any necessary legal defense. The provider is entitled to demand an appropriate advance payment from you as the user. As a user, you are obliged 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 of the provider remain unaffected. If you as the user are not responsible for the possible infringement, the aforementioned obligations do not apply.
§ 4 Transfer of rights of use
1. the copyright for your topics and contributions, insofar as these are copyrightable, remains with you as the user. However, by posting a topic or contribution, you grant the provider the right to make the topic or contribution permanently available on its website. In addition, the provider has the right to delete, edit, move or close your topics and posts.
2. the aforementioned rights of use shall remain in force even if the forum account is terminated.
§ 5 Limitation of liability
1. the provider of the forum assumes no liability for the content posted in the forum, in particular not for its correctness, completeness and topicality.
2. the provider is liable for intent and gross negligence as well as for breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for damages foreseeable at the time of conclusion of the contract and typical for this type of contract, for damages resulting from a slightly negligent breach of material contractual obligations by the provider or one of its legal representatives or vicarious agents. The provider is not liable for slightly negligent breaches of secondary obligations that are not essential contractual obligations. Liability for damages that fall within the scope of protection of a guarantee or assurance given by the provider as well as liability for claims based on the Product Liability Act and damages resulting from injury to life, limb or health shall remain unaffected by this.
§ 6 Term / Termination of the contract
1. this agreement is concluded for an indefinite period.
(2) Either party may terminate this agreement without notice.
3. the provider is entitled to block the user's access after termination of this forum usage agreement. The provider is entitled but not obliged to delete the content created by you as a user in the event of termination. A claim by you as the user to the transfer of the content created is excluded.
§ 7 Online offer
The pages created by powderguide.com are protected by copyright. The content presented has been researched and created to the best of the authors' knowledge and belief. Nevertheless, the authors cannot accept any liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the authors relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
§ 8 References and links
In the case of direct or indirect references to external websites ('links') that lie outside the authors' area of responsibility, a liability obligation would only come into force in the event that the authors were aware of the content and it would be technically possible and reasonable for them to prevent use in the event of illegal content. The authors hereby expressly declare that no illegal content was recognizable on the linked pages at the time the links were created. PowderGuide has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, PowderGuide hereby expressly distances itself from all content of all linked pages that were changed after the link was created. This statement applies to all links and references set within PowderGuide's own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by PowderGuide. Liability for illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the party who merely refers to the respective publication via links.
§ 9 Copyright and trademark law
PowderGuide endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications and to use graphics, sound documents, video sequences and texts created by PowderGuide itself or to make use of license-free offers. All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights! The copyright for published objects created by the author himself remains solely with the author of the pages. Reproduction or use of such graphics, texts, audio documents and video sequences in other electronic or printed publications is not permitted without the express permission of the author. Information on the use of texts, images and data is available on request from info (at) powderguide (dot) com.
9b. Image rights
Unless otherwise stated, the image rights are held by the respective photographers. Unauthorized use of photos constitutes an infringement of copyright!
§ 10 Data protection
If the opportunity for the input of personal or business data (e-mail addresses, names, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services is - as far as technically possible and reasonable - also permitted without providing such data or by providing anonymized data or a pseudonym. Any personal or business data provided will be handled in accordance with the guidelines of the Data Protection Act and will not be passed on to third parties. By registering with powderguide.com, the user agrees to receive the PowderGuide newsletter on a regular basis.
§ 11 Webcam images and data
The copyright of the webcam images lies with the respective winter sports resorts or their website operators.
§ 12 Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.