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pascom Community Conditions of Participation and Usage

Content

§ 1 Subject of Participation and Conditions of Usage
§ 2 Alterations to the Conditions of Participation and Usage
§ 3 Login Privileges
§ 4 Your Registration to the Community
§ 5 Responsibility for Access Data
§ 6 Updating of User Data
§ 7 Terminating User Participation
§ 8 Service Offers and Availability of Services
§ 9 Alterations to Services
§ 10 Content Protection, 3rd Party Content Responsibilities
§ 11 Scope of Permitted Use, Monitoring of Usage Activities
§ 12 Creating User Profiles
§ 13 Inputting of Personal Content by You
§ 14 Usage Rights of Content Available within the Community
§ 15 Prohibited Activities
§ 16 Blocking of Access
§ 17 Data Protection
§ 18 Limitation of Liability for Services
§ 19 Additional Provisions, Conditions and Agreements

These Conditions of Participation and Usage represent a translation of pascom's Conditions of Participation and Usage. Should, in the case of disagreements, these Conditions be quoted, the German Bedingungen will be taken as the accepted version and not the English translation.

§ 1 Subject of Participation and Conditions of Usage
(1) pascom Netzwerktechnik GmbH & Co. KG, Berger Str. 42, 94469 Deggendorf, henceforth referred to as pascom, provides through http://community.pascom.net/ a platform (henceforth refer as "Community"), over which the duly registered participants can contact and communicate with each other. Participants are permitted to create individual personalised profiles, retrieve available content from the community and furthermore use the currently available explicitly gratuitous services within the context of availability. Further information regarding services are the subject of the Service Descriptions, § 8. (2) The current Conditions of Participation and Usage regulate the provision of the service from pascom and the Usage through You as a duly registered participant. (3) Information regarding the Service Provider is available here.

§ 2 Alterations to the Conditions of Participation and Usage
pascom reserves the right to change or modify these Terms at any time, with immediate effectiveness inclusive of existing contractual relationships. Any planned alterations to these conditions will be made public at least 30 days before implementation. Should you not for the duration of the 30 days, make notice of any objections and continue the use of the service even after the 30 day expiry, the alterations will be considered as accepted with immediate effect. Should you make your objections known, the contract will continue in accordance with the previous Terms. In Notification of Alterations pascom will

Notify you as to your Right of Objection and any associated consequences.

§ 3 Login Privileges
(1) The usage of the available Community Services requires your registration as a participant. An entitlement to the participation does not exist. pascom is entitled to, without reason, reject requests of participation.
(2) The registration is only permitted, if you are of legal age and are legally not restricted in any way. The Registration of persons who are consider underage is not permitted. With the registration of a legal entity, the registration must be completed by an authorised natural person who is unrestricted in terms of legal competence and liability.

§ 4 Your Registration to the Community
(1) Registration for access to the Community is Gratuitous for you. (2) The information as required by pascom during the registration process, i.e. contact data and related miscellaneous information, must be completely and correctly completed by yourself. By the registration of a legal entity the full name of the authorised natural person is also required to be submitted.
(3) After the submittal by you of all requested data, the data will then be examined by pascom. If the data is full and correct and no other concerns are in existence from the perspective of pascom, pascom will then grant access and notify you via e-mail to this permittance of access. The e-mail shall be deemed as acceptance of your request of participation. Upon receipt of the e-mail, you are permitted within the framework of these Participation and Usage Conditions to access and use the Community. Hereto prior to you permittance, you must confirm your permittance and acceptance through the clicking of the links contained within the e-mail.

§ 5 Responsibility for Access Data
(1) During the registration process, you will were required to submit an username and password. With this data, after the activation of your account and your confirmation in accordance to § 4 (3) , you can log into the Community. It is your responsibility to ensure that the user name does not infringe the rights of third parties, in particular, does not violate any name or trademark and is not against good morals.
(2) The credentials inclusive of the password are your responsibility to be kept secure and not made accessible to any unauthorised 3rd parties.
(3) It is furthermore to your responsibility to ensure that your access to the portal and the usage of services made available via the portal are made exclusively by you or by persons authorised by you as a legal entity. Should you have concerns that any unauthorised access using your access data has been made or could be made, you must inform the service provider immediately. In accordance with current legal regulations, you are liable for all Usage and/ or other activities, which are completed using your access data.

§ 6 Updating of User Data
You are hereby obligated, to keep your data up to data (including your contact data) . Should an alteration to your previously submitted data occur during the duration of your participation, you are obligated to to correct said data in your personal settings within the portal. Should this process not function successfully, please inform pascom immediately via E-mail or via fax.

§ 7 Terminating User Participation
(1) You can cancel your participation at any time, in that you can deregister yourself as a participant of the "Community".
(2) The contractual relationship is ended with immediate effect upon cancellation and you are not permitted to use your access data. pascom retains the right to block usernames as well as passwords immediately as soon as the termination comes into effect.
(3) pascom is entitled to, upon the elapsation of 30 calendar days from the effective date of termination and after the statutory time limit, to permanently and irreversibly remove all data resulting from your participation.

§ 8 Service Offers and Availability of Services
(1) Through the "Community" pascom provides you with various information and other services for temporary usage. Such services can include, for example; the making available of data, articles, image and sound documents, information and Miscellaneous Content (henceforth referred to as "Content"), continuing the option of creating individual profiles and staying in contact with other participants through the composition of personalised messages.
Content and scope of the services shell be determined by most current available functions within the Community.
(2) Concerning available services within the Community, these may also include services from 3rd Party providers, to which pascom is merely providing access. For the utilization of such services - which are knowingly made as 3rd party services - different or additional conditions to these Conditions of Participation and Usage may apply, for which pascom will point out. An entitlement for the usage of services available within the Community does not exist. pascom strives to ensure an uninterrupted usability of its services. However, as a result of technical faults (e.g. An interruption to the electricity supply, hardware or software faults, technical problems in the data lines) temporary restrictions or interruptions may occur.

(3) Within the framework of the Community, pascom offers a gratuitous software programme, which is subject to a separate license agreement, which must be separately agreed by the participant.

§ 9 Alterations to Services
pascom is entitled to alter, at any time, already available services, make new services available, and to stop the provision of services. pascom will hereby take your legitimate interests into account on a case by case basis.

§ 10 Content Protection, 3rd Party Content Responsibilities
(1) The content available from within the Community, is protected in the main via copyright or by other intellectual property rights and is the respective property of pascom, the other participant or other 3rd party, who made the corresponding content available. The compilation of content as such is protected where necessary as a database or database network in accordance to §§ 4 Para. 2, 87a Para. 1 of German Copyright Law. You are permitted to use the content only in accordance to these Participation and Usage Conditions as well as within the framework as provided in the Community.
(2) The content available within the Community originates partly from pascom and partly from other participants incl. 3rd party participants. Content from participants as well as from other 3rd parties will be hereinafter referred to as "3rd Party Content". pascom does not conduct any examination of 3rd party content regarding completeness, accuracy and legality and therefore accepts no responsibility or guarantees for the completeness, accuracy, legality and up-to-datedness for said content. This also applies with regards to the quality of 3rd Party Content as well as their suitability for a particular purpose and also, in so far as the 3rd Party Content pertaining to linked external websites.

§ 11 Scope of Permitted Use, Monitoring of Usage Activities
(1) The scope of your Usage permissions are limited to the access of the Community as well as the usage of the portals respective available services in accordance with the framework and regulations of these Participation and Usage Conditions.
(2) For the creation of the on your side necessary technical prerequisites required for the usage of the services are you and you alone responsible. pascom will not provide you with and does not owe you any such advice.
(3) pascom points out, that your Usage activities can be monitored as permitted by law. This applies to concrete suspicions of breach of these Conditions and/or concrete suspicions of a crime or other illegal activities and also includes, if necessary, the protocoling of IP connection data and conversation content and their evaluations.

§ 12 Creating User Profiles
(1) As far as the available functionality within the Community allows, you can, within the framework of these conditions, according to your wishes personalise your user profile. Please definitely take not of Restriction § 15.
(2) pascom normally does not conduct any investigations into the identity of the profile owner nor the information contained within said profiles. pascom does not therefore offer any guarantee that in every circumstance the profile owner is the person the profile owner claims to be.

§ 13 Inputting of Personal Content by You
(1) As far as the available functionality within the Community allows, you are permitted to, under notice of the named regulations, create content and make said content available to 3rd Parties.
(2) Through creating content, you grant pascom a gratuitous and transferable right of usage for the respective content, in particular - for the saving of the content on pascom's server as well as publication of content, especially making the content available publicly (e.g. through the display of the content within the Community),
– for editing and duplication, in so far as it is necessary for the provision or publication of the content, and
– for granting – even for payment – Usage rights to your content to 3rd Parties in accordance to § 15.
Insofar as the entered content from you is removed from the Community, the above usage and exploitation rights become void. pascom however remains entitled to keep copies for the purposes of protection and/or detection. Those access rights already granted to content entered by you remain unaffected.
(3) You take full responsibility for all your published content. pascom does not undertake any investigations into the fullness, accuracy, legality, up-to-datedness, quality and suitability for a specific purpose.
You therefore declare and guarantee to pascom, that you are the sole owner to all the rights of content from you published within the Community, or are otherwise entitled to (e.g. by effective permission from the copyright holder) to publish said content within the community and to grant the rights of usage and exploitation pursuant to paragraph (2).
(4) pascom reserves the right to refuse the posting of content and/or for already published content (incl. private messages and guest book entries) to be able to edit, block or remove without notice, should the publishing of the content be in violation of § 15 or there is clear evidence that a serious violation of § 15 will occur. pascom will however, take your legitimate interests into account and will choose to apply the least drastic means of defense against the violation of § 15.

§ 14 Usage Rights of Content Available within the Community
(1) Insofar as further use is explicitly not permitted within these Conditions of Participation and Usage nor within the Community or is not enabled on the portal through an appropriate function (e.g. download button),
– you may retrieve the content available from the Community for your personal purposes for Online viewing. This right to use is limited to the duration of your contractual relationship with the Community;
– it is forbidden for you to edit (either in the whole or in part), to alter, translate, present or display, to publish, to exhibit, reproduce or to distribute any available content from within the Community. It is also forbidden to remove, alter or modify copyright notices, logos and any other identifying symbols or protection notices.
(2) For the "Download" of content, as well as the printing of content, you are only entitled to do so as long as the respective option to download or print has been made available through a portal function (e.g. Download Button) and you agreed to any separate license agreements.
To the content that has been legally downloaded or printed by you, you acquire the respective unrestricted in terms of time and non-exclusive usage rights for your private, non-commercial purposes. In addition, all rights to the content stemming from the original owner (pascom or the respective 3rd Party) remain intact.
(3) Your Statutory Legal rights (including the reproduction for private and other personal uses in accordance to § 53 of the German Copyright Act) remain unaffected.

§ 15 Prohibited Activities
(1). Prohibited Activities include - all offers, tenders and applications for non-gratuitous content, services and/or products, including your own as well as those from 3rd Parties,
– all offers, tenders, applications and execution of activities with commercial backgrounds, such as competitions, contests, sweepstakes, raffles, bartering, trade-offs, advertising or snowball schemes, and
– any electronic and/or by any other method, collection and compilation of identities and/or contact data (including E-Mail Addresses) of the members (e.g. for the sending of unsolicited E-mails).
(2) You are prohibited from any activities on or in connection with the Portal, which in any way violate the law, the rights of 3rd Parties or violate the principles of protection of minors. In particular, the following behaviour/actions are prohibited:
– The use, distribution, provision, application and display of pornographic material, which are against child protection laws, data protection laws and/or violate any other right and/or have fraudulent content, services and/or products;
– The use of content, which is offensive, insulting or slanderous to other participants or 3rd Parties;
– The use of, making available, deployment and dissemination of content, services and/or products, which are legally protected by law or the subject of the rights of a 3rd Party (e.g. Copyrights) without being expressly authorised to do so.
(3) Furthermore, you are also liable for any eventual violations of law through the setting of content within the community as well as through the communication with other participants (e.g. through the exchanging of personal messages, through the participation in discussion forums or the composition of Guest book entries) which prohibits the following actions/activities:
– The distribution/spreading of Viruses, Trojans and other damaging data;
– The sending of Junk or Spam mails as well as chain letters;
– The distribution/spreading (and/or promotion of) of lewd, obscene, sexually explicit, offensive of defamatory content or communications as well as such content or communications that are considered to be and /or support racism, fanaticism, bigotry, hatred, fantasy, physical violence or illegal activities either explicitly or implicitly;
– The harassment of other participants, e.g. through repeated personal contact without or contrary to requests/reactions/desires of the other participants as well as the promoting or supporting of such harassment;
– The demanding of passwords or personal information from other participants for commercial purposes or purposes deemed illegal by law or contradictory to the rights of the participants;
– the distribution and/or public publication of content available from the Community, to the extent that this has not been expressly permitted to you by the copyright owner, respective authors or has been expressly provided as a function of the community.
(4) You are also prohibited from any actions, which are likely to affect the smooth running of the Community, and in particular, will place an excessive burden on the systems belonging to pascom.
(5) Should an illegal, abusive, contract breaching or otherwise unauthorised use of the Community be known to you or become known by you, please inform pascom immediately and pascom will then investigate said matter and take the necessary/appropriate actions.
(6) If there is a suspicion of illegal or criminal activities, pascom is entitled to and is possibly obligated to investigate your activities and, if necessary to take appropriate legal action. This may include the supply of evidence belonging to the investigation to appropriate legal counsel, i.e. a prosecutor.

§ 16 Blocking of Access
(1) pascom can and may either temporarily or permanently restrict or block access to your account if and when concrete evidence exists that you have violated or breached the conditions stated within this document and/or you are in violation of law, or if pascom has any other legitimate interest in terminating access. Regarding any termination of access, pascom will give adequate attention to your legitimate interests.
(2) Under the circumstances of both a temporary or permanent blocking, pascom will block your authorised access data and inform you via e-mail.
(3) In the event of a temporary ban, pascom will reactivate your access data after the elapsing of the ban time period and notify you via email. A permanently blocked access cannot be recovered and permanently banned persons are permanently banned from the Community and are not permitted to re-register for the Community.

§ 17 Data Protection
(1) Regarding the quality requirements of pascom, adheres a responsibility towards the handling of personal data of participants (hereinafter referred to as "personal data"). Personal data provided during your registration to the Community and through the use of available services within the Community will only be collected, stored and process by pascom should this be necessary for the provision of contractual services, and is allowed by statutory regulations, or pascom is ordered to do so by a legislative body. pascom will handle any and all personal data with confidentiality and in accordance with corresponding and applicable Data Protection Legislation.
(2) Beyond this, pascom only uses your personal data when you have provided your express consent. You are can and are permitted to revoke said consent at any time of your choosing.

§ 18 Limitation of Liability for Services
Should you, through the use of gratuitous services available on the portal (including the retrieval of free content), incur damages, pascom is only liable insofar as your damages result from the contractual usage of the gratuitous content and/ or services, and ONLY under willful (including malice) misconduct and negligence on the part of pascom.

§ 19 Additional Provisions, Conditions and Agreements
(1) Unless otherwise specified within these Conditions of Participation and Usage, all statements/explanations that are submitted within the framework of participation in the portal, are to be submitted in writing either via post or e-mail. The postal e-mail addresses can be found within the imprint (legal notice of company details). Alterations to this contact information are possible and pascom retains the right to such alterations. In the event of such an alteration, pascom will notify you accordingly.
(2) Should a provision of these conditions contained within this document be or become invalid, the legal validity of the remaining provisions shall remain unaffected. The respective parties obligate themselves, to replace invalid provisions with an agreed valid provision, which in the respect of the affected parties' corporate legislature is most appropriate.
(3) These Conditions of Participation and Usage are subject to, and based upon the legislation of the Federal Republic of Germany under exclusion of the UN Convention (Convention of Contracts for the International Sales of Goods, CISG).
(4) The exclusive governing court for disputes arising from these Conditions of Participation and Usage, insofar as such a governing court is acceptable, is the headquarters of pascom.

Valid From: February 2014