Terms and Conditions of Use
The Terms and Conditions of Use (hereinafter: »Terms and Conditions«) presented here apply to all online services of the Federal Centre for Health Education (Bundeszentrale für gesundheitliche Aufklärung), Maarweg 149–161, 50825 Köln, that refer to these Terms and Conditions. They expressly do not apply to the web services provided by third parties, regardless of whether Federal Centre for Health Education web pages link to them or whether they refer to the present Terms and Conditions.
These Terms and Conditions can be supplemented for time-limited special activities such as competitions or participation events that are kept at the ready by the Federal Centre for Health Education on its online platform. If special activities are offered, the additional terms that apply will be accessible via the relevant online service. In such cases the additional terms will supplement the present Terms and Conditions.
1. Use of the Federal Centre for Health Education’s Online Platform
To use the Federal Centre for Health Education’s online platform, which refers to these current Terms and Conditions, the following general Terms and Conditions apply, and by using the site the user implicitly agrees to them. Should special terms apply regarding individual areas of use/functions, these will be pointed out separately within that particular service.
2. Content of the Federal Centre for Health Education Online Platform, Liability
The Federal Centre for Health Education’s online platform contains its own content as well as external content and links to third-party providers. To the extent that users can publish their own content within the context of individual services on the Federal Centre for Health Education’s web pages, this content reflects the personal views of the users in question and does not necessarily accord with the opinion of the Federal Centre for Health Education.
The Federal Centre for Health Education does not accept any responsibility for the up-to-dateness, correctness or completeness of the information provided by it or by third parties or links. All the services are subject to change and are non-binding. Using them does not establish any rights or duties between the Federal Centre for Health Education and the user of the internet services or third parties. Every user is required in particular to check the correctness of the information provided by any online service before taking any action, and to seek expert advice if necessary.
The Federal Centre for Health Education expressly reserves the right to change, supplement or delete part of all of the services without prior notification, or to suspend publication temporarily or permanently.
The Federal Centre for Health Education is liable for damages – regardless of the legal basis – only to the extent that the loss was caused by the Federal Centre for Health Education or its agent though the negligent violation a substantial contractual obligation or due to a grossly negligent or wilful breach of duty by the provider or its agent. If the Federal Centre for Health Education is liable on account of violation of a substantial obligation in the contractual relationship, except in the case of gross negligence or wilful intent, the liability is limited to foreseeable, typically occurring damage. In this case it is specifically not liable for lost profit by the user or for unforeseeable indirect consequential loss. The liability limitations under the terms of clauses 1 and 2 hold mutatis mutandis for loss or damage caused as a result of the gross negligence or wilful intent on the part of employees or agents insofar as they are not among the legal representatives or senior employees of the Federal Centre for Health Education. The said liability limitations do not apply where liability is mandatory under the terms of the Produkthaftungsgesetz (German Product Liability Law) or claims are made on the grounds of injury to life, limb or health. Insofar as the liability for loss or damage is excluded or limited, this also applies with regard to the personal liability for loss or damage on the part of employees, representatives, or agents. The Federal Centre for Health Education endeavours to provide elements of the online services such as widgets, etc., free of charge, without interruption. It is not liable for short-term failures of the system due to technical necessity (for example maintenance and repair work or improvements to the Federal Centre for Health Education system on the Internet) and interruptions (for example, excessive, force majeure).
3. Links to Other Websites
The Federal Centre for Health Education is responsible according to the general laws for its own content which it holds ready for use. Cross-references (links) to the content provided by other providers are to be distinguished from such own content. Links to other providers are indicated by a graphic or are otherwise visually characterized. The Federal Centre for Health Education is responsible for the content of these providers only if it has positive knowledge of it (including of any illegal content) and only if it is technically possible and reasonable to prevent its use.
Links are dynamic references. When the Federal Centre for Health Education first linked to the third-party content it checked that external content to see whether civil or criminal liability could potentially be triggered. However, it is neither obligated nor is it able to constantly check the content to which it refers in its online service for changes which might cause it to reconsider its responsibility. Only when it discovers or is informed by a third party that a specific service for which it has provided a link triggers a civil or criminal liability will it remove the link to this service, as far as this is technically possible and reasonable.
4. Copyright and Trademark Law
The content of the internet services – texts, pictures, graphics etc. – is protected by copyright. All rights reserved. Every user may use the content (texts, pictures, graphics, etc.) within the limits of German copyright law. Further rights of use are not granted. Any use of the content beyond this permissible use, in particular any reproduction for the purposes going beyond private use, and/or distribution of the content and/or making it publicly available, as well as any processing of the said content, requires the prior written consent of the Federal Centre for Health Education.
All trademarks mentioned in the services and, where applicable, protected by third parties are subject to the provisions of the applicable trademark law.
5. Data Protection
If within the online services the possibility for the input of personal or business data (email address, names, addresses etc.) exists, the input of these data on the part of the user is on an expressly voluntary basis.
6. Applicable Law
All legal relationships between the user and the Federal Centre for Health Education are subject exclusively to the law of the Federal Republic of Germany.
7. Comments, Surveys and Statements
Some of the Federal Centre for Health Education's internet services provide the opportunity to submit comments or statements or to take part in surveys.
Users of the services under 7.1 undertake not to violate the applicable laws and/or applicable provisions of these Terms and Conditions when using the comment function or participating in surveys or using any other such functions. Users undertake in particular to comply with criminal laws and youth protection regulations and not use racist, Holocaust-denying, offensive, pornographic and/or sexually discriminatory language, language that is harmful to minors, extremist, glorifies violence, incites others to crime, is defamatory, insulting or in any other way punishable, nor may users disseminate such statements.
The Federal Centre for Health Education is entitled not to publish contributions and to delete and/or block them at any time.
8. Use of Federal Centre for Health Education Widgets and Loop Graphics
The Federal Centre for Health Education grants the user a basic, non-exclusive and non-transferable right of use free of charge, and only to the extent described below, for the use of the widgets and graphics provided on the Federal Centre for Health Education website. Furthermore, the Federal Centre for Health Education reserves all rights – irrespective of their legal foundation – in the widgets and graphics offered. In particular, no changes, further developments, duplications, etc. may be made to the files/graphics/elements as provided.
The widgets and graphics and all content and data provided in connection with the widgets and graphics may be used only for private, non-commercial purposes. Commercial use of the files/graphics/elements or of the widgets is not permitted unless the Federal Centre for Health Education has agreed to such use in advance in writing. In particular, users may not use the widgets and graphics in ways that could result in a significantly greater burden being placed on Federal Centre for Health Education servers than would result from conventional manually entered requests.
The prerequisite for the correct presentation of the widgets and graphics are browsers of the latest generation. The Federal Centre for Health Education makes no guarantee of correct integration into external sites. The Federal Centre for Health Education merely provides the code for the integration of the widgets and graphics and is not responsible for their integration.
The Federal Centre for Health Education is entitled to make updates to the widgets and updates of the files/graphics/elements automatically.
The Federal Centre for Health Education strives to create and test the widgets and graphics as reliably as possible. Nevertheless, it cannot be ruled out that the widgets may lead to problems on certain computer systems. There may be disruptions to the operating system software and/or to individual application programs that would affect data integrity and require a reinstallation. To prevent/minimize potential damage, it is recommended that users make daily backups and record system changes.
In the event of violations of the regulations set out in these Terms and Conditions, the user may be deprived of the right to use the widgets and graphics of the Federal Centre for Health Education with immediate effect.
9. Adoption and Use of Federal Centre for Health Education Banners
If banners are offered for use within an internet platform provided by the Federal Centre for Health Education, the following provisions apply:
The banners provided for download via the Federal Centre for Health Education website are intended to draw attention to health-related topics. When using the banners, the interests that derive from this intention may not be violated and/or negatively affected with regard to their intended meaning. A banner may not be used for advertising or promotion. In particular, the impression must not be given that the Federal Centre for Health Education has any official connection with the internet presence of the provider or to the provider himself/herself. The use of the banner may be understood only as a non-commercial reference to the website of the Federal Centre for Health Education. The use of banners is in particular not allowed in connection with advertising for products that are harmful to health when consumed in excess (e.g. tobacco and alcohol) or in connection with political statements, religious references, or discrimination against any individuals, groups or behaviours. If there is any doubt Federal Centre for Health Education banners may not be used.
The author of the banner/owner of all rights to use the banners is the Federal Centre for Health Education. Banners may not be altered or otherwise processed.
The use of a banner on other websites does not provide a basis for any claim against the Federal Centre for Health Education. Any use of the banner is expressly the sole responsibility of the operator of the website displaying the said banner.
The right to use a banner is limited to one year after the end of the Federal Centre for Health Education campaign in question. This date is advertised with the banner in question. If there is any ambiguity about duration in any given case, the user shall clarify such ambiguity by consulting with the Federal Centre for Health Education.
Cologne, July 2017