Terms of Use

Preamble

With registration the user accepts the proceeding general terms and conditions for the use of Adhocracy.de. The Adhocraczy.de platform is operated by Liquid Democracy e.V. All websites which are provided by Liquid Democracy e.V. for the Adhocracy.de internet platform will hereby be collectively referred to as “liqd.net websites.“ These terms of use govern the contractual relationship between the user and Adhocracy.de.

The user agrees to this contract concerning the use of the Adhocracy.de service with the Liquid Democracy e.V.

Further contact materials and information can be taken from the Impressum.

1. Subject matter

Liqd.net websites offer registered users a fee-free Platform, in order to make possible democratic discourse and democratic decision making. The prevailing topics will be brought in by the users themselves, and not by Liquid Democracy e.V.

2. Registration, Assurances by Registration

2.1 In order to make use of the services provided by the liqd.net websites, the user has to register themselves.

2.2 Through the registration the user chooses a password. Adhocracy.de will not give this password to third parties nor will the user ever be asked of the password.

2.3 Through the completion of the registration process the user agrees to the contract of use for the use of services provided by liqd.net websites. Adhocracy.de accepts this agreement and accedes it through its activation of the user account so as to use the service provided by liqd.net websites. Through this supposition of acceptance, the agreement of contract between the user and Liquid Demcoracy e.V. comes into being.

2.4 Every user is only allowed to register his or her self with our organisation one time, and accordingly only create one user profile.

2.5 Liquid Democracy e.V. cannot technically ascertain with certainty, whether or not the logged in user on Adhocracy.de actually is the person who they claim to be. Liquid Democracy e.V. does not guarantee the actual identity of the user. Every user has to convince others of his or her identity if so.

3. Obligations of the User

3.1 The user is beholden; to adhere to the rules as outlined by the „code of conduct” from Liquid Democracy e.V. and any relevant third party clauses/rulings during their usage of the services provided by liqd.net websites. The user is strictly prohibited from using profane, insulting, or libelous content. Similarly the user is prohibited from harassing other users in an unreasonable manner (especially through spamming) or to make use of lawfully protected content (for example: those goods protected by patent, copyright, authorial, international design, or utility model IP law) unless expressly allowed.

3.2 The user is beholden; to refrain from the following harassing activity, even if they do not expressly violate any rules or laws:

  • The sending of chain-letters
  • The placement or posting of content of a purely commercial nature/intent
  • Insinuating or expressly sexual communication
  • Every action, which is applicable, which can compromise the functionality of the liqd.net infrastructure, especially those actions which intentionally stress or strain its functionality.

4. Termination of the contract

4.1 The user can terminate his or her free-fee membership at any time without an express reason. The termination can be undertaken with the contact form which is available to be reached on every Adhocracy.de page. The username and the registered E-mail address of the user are required during the account termination process.

4.2 Liquid Democracy e.V. reserves the right to terminate the contractual relationship between itself and the user at any time, as long as there are sufficient grounds for doing so. “Important grounds” are particularly the following occurrences:

  • The non-abiding of the lawfully expressed regulations or the activity guidelines.
  • User violation of the contractual requirements of the terms of use agreements.

In the event of sufficient grounds being evident, liqd.net can enact the following sanctions for the user independent of an account termination:

  • The deletion of content, which was posted by the user.
  • The blocking of access to the services provided by the liqd.net websites.

5. Responsibility for the content, data, and information of the user

5.1 Liquid Democracy e.V. arranges and prepares posts, originally assembled by third parties, on liqd.net websites. If any of these postings violate the clauses of some third party agreement, or contain any law-breaking content, the respective composer of the post is to be held responsible. Liquid Democracy e.V. does not take responsibility for any such content, of any kind, nor is Liquid Democracy e.V. responsible for the content, information, data, or the content of linked external websites posted by users of the liqd.net websites. Furthermore, Liquid Democracy e.V. is not liable for the correctness of posted milestones/deadlines.

5.2 If any user recognizes any unlawful or contractually illegal usage/activity of or on the liqd.net websites, the user has the ability to report this activity with the help of the “report” button which is available on all pages of all liqd.net websites.

6. Exemption

6.1 The user frees Liquid Democracy e.V. from all obligations and claims, including those claims for damages, asserted by third parties or users as a result of violations of contractual clauses which have been made by user’s postings or activities on liqd.net websites. Similarly, the user frees Liquid Democracy e.V. from any and all claims, including those from damage claims, which are raised by third parties as a result of the violation of contractual clauses that are incurred through the use of Adhocracy.de services by any users. The user is responsible for all emerging reasonable costs as a result with the violation of third party rights, including all costs associated with a lawful defense. Any other causes, rights, and claims beyond these such as those for damage claims on Liquid Democracy e.V. remain unaffected. The aforesaid obligations of the user are no longer valid, insofar if the user is not liable for the concerned infringement.

6.2 In the event of an infringement of third party rights/rulings as a result of a user’s posting, the Adhocracy.de user’s rights to use the services of liqd.net websites will be, in accordance with the chosen decision of the Liquid Democracy e.V., infringed upon to the user’s disadvantage due to the rightful precedence of the third party. The user will then, in all haste, put a stop to the unlawful use of the services as demanded by Adhocracy.de.

7. Privacy

Liquid Democracy e.V. is aware, that a sensible handling of personal data transmitted over Adhocracy.de is of exceptional importance to the users. Therefore Liquid Democracy e.V. abides by all pertinent lawful privacy requirements (such as those by German privacy law, European privacy law, and any other applicable personal privacy rulings). Liquid Democracy e.V. will not give any personal data to third parties unless authorized, nor will Liquid Democracy e.V. attempt to gain the attention of third parties regarding such personal data, unless authorized. Particularities as to how the user data are processed are made explicit in Liquid Democracy’s privacy terms and conditions, which are able to be reached from all liqd.net websites.

8. Content rights

8.1 With the posting of a post/content the user grants Liquid Democracy e.V. the unlimited, irrevocable, and transferable right of use for the bespoken posting, which in turn gives the provision to Liquid Democacy e.V. to permanently maintain the posting on all of its websites, and on the websites of its cooperative partners.

8.2 Liquid Democracy e.V. places its user-transferred rights under a Creative Commons-by-SA-licence.

9. Final clauses

9.1 The contractual agreement and changes of said agreement must be in written form. Side-agreements are not coequally valid.

9.2 The place of fulfillment is Berlin.

9.3 The place of jurisdiction, to the extent to which it is lawfully applicable, is Berlin.

9.4 German law, excluding international private law and excluding transferred law from the UN-Convention on Contracts for the International Sale of Goods into the German system, is hereby valid.

We would like to thank bewegung.taz.de for the guidelines and template for the writing of these terms of use.