Terms of Use

In case of any differences the German version of this text prevails.

Please read the following terms of use, which apply to every visitor to the website https://defogger.org (hereinafter referred to as "Website"). By using this Website, you impliedly agree to these Terms of Use. The owner of the Website reserves the right to change, delete or add to the information and services on this Website at any time without prior notice. If you have any questions, please use the contact details of Roland Schauer (hereinafter referred to as "Operator") given in the imprint.

§1 Scope and subject matter
  • The following terms and conditions apply to the use of the website defogger.org (hereinafter referred to as "Website").
  • By using our website, you agree to the terms of use of our Website. By agreeing, you warrant to us that you will not make any postings that violate these terms of use.
  • The purpose of the Website is to display information about life coaching and sociology, to present my coaching service, and to provide learning tools for self-help.
§2 Availability of the website
  • The website is usually available 24 hours a day. However, interruptions are possible e.g. due to maintenance, connection problems, technical failures.
  • Since it is technically impossible to provide the Website free of errors of any kind without interruption, Operator can only be responsible for such interruptions that are within its control. The number and duration of these interruptions will be minimized. For interruptions due to disturbances outside the sphere of influence operator assumes no responsibility.

§3 Liability and structure of the offer
  1. The Operator assumes no responsibility for the correctness, accuracy, timeliness, reliability and completeness of the information on the Website.
  2. All offers are non-binding. The Operator expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without special notice or to discontinue publication temporarily or permanently.
  3. Liability claims against the Operator for damages of a material or immaterial nature arising from access to or use or non-use of the published information, through misuse of the connection or through technical faults are excluded insofar as this is legally permissible.
    1. The Operator is liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the Operator or a legal representative or vicarious agent of the Operator.
    2. Furthermore, the Operator is liable for the slightly negligent breach of essential obligations. Essential obligations are those whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, the Operator is liable only for the foreseeable, contract-typical damage. The Operator is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
    3. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
    4. As far as the liability of the Operator is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§4 User generated content
  1. Insofar as Operator temporarily or permanently offers instruments on this website that allow users to generate content (e.g. discussion forums), users of these instruments are expected to observe the usual rules of communication, such as mutual respect.
    The User commits to:
    1. observe applicable law (e.g. criminal law, competition law and the law for the protection of minors) when creating and using his own content and not to violate any rights of third parties (e.g. rights to names, trademarks, copyrights and data protection).
    2. that any content generated on the website does not violate applicable law or morality, neither by its content nor by its form. The same applies to the setting of external links. In particular, it is not allowed to distribute any content that concerns, represents or contains
      • Racism
      • Glorification of violence and extremism of any kind
      • incitement and incitement to commit criminal acts and violations of the law, threats against life, limb or property
      • incitement against persons or companies
      • statements that violate personal rights, slander, defamation and defamation of users and third parties as well as violations of the law of fair trading
      • copyright infringing content or other infringements of intellectual property rights
      • sexual harassment of users and third parties
      • pornography
      • offensive, sexist, obscene, vulgar, hateful or profane material or language
    3. include copyrighted content verbatim in posts without the consent of the respective rights holder only within the scope of the applicable quotation law. Quotations are to be marked by highlighting and indicating the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions can be removed or corrected by the operator.
    4. to refrain from the distribution and/or public reproduction of any content of the Website without the consent of the Operator.
    5. to use the Website for private purposes only and not to advertise for oneself or others. This in so far as there is no authorization from the Operator for any other use. This means in particular that the user may not use any messages with advertising content without the consent of the operator and the recipient (in particular: spam messages).
    6. in the case of the use of hyperlinks to third party sites, to have the appropriate authorization to use the hyperlink and to warrant that the site to which reference is made is aligned with applicable law and the rights of third parties.
  2. The User grants the Operator a spatially and temporally unlimited, irrevocable, non-exclusive, royalty-free right, transferable to third parties, to exploit the content posted in the online offer. The Operator is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. The User waives the right to name the author. This provision does not affect the user's option to grant third parties rights to posted content in accordance with certain licensing models. The aforementioned rights of use shall remain in force even in the event of termination of the account.
  3. Claim for indemnification: The User indemnifies the Operator and its employees or agents against all claims of third parties arising from alleged or actual infringement and/or violation of third party rights by actions taken by the User in connection with the use of the Website. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of claims made by third parties. Reimbursable costs also include the costs of a reasonable legal defense.

§5 Electronic communication
When you use any service of the Website or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through email, text messages, or by posting electronic messages or other communications on our Website or as part of other Website services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we provide to you electronically will not be required to be in writing to that extent, unless mandatory applicable law requires a different form of communication.

§6 Copyright and database rights
  1. All content included in or provided through any service of the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of the Operator or third parties supplying content or making it available on the Website and is protected by German copyright and database right laws.
  2. Also, the entire content included in or provided through any service on the Site is the exclusive property of the Operator and is protected by German copyright and database right laws.
  3. You may not systematically extract and/or reuse any part of a service of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any service of the Website without the express written consent of the Operator. You also may not create and/or publish your own database that features substantial parts of any service of the Website without the express written consent of the Operator.

§7 Your account
  1. Access to some (paid) services of the Website, requires the creation of an account.
  2. By completing the online registration process and creating a profile, a contract between the User and the Operator is concluded. The subject of the contract is the free use of the profile.
  3. In principle, there is no legal right that the account is created. The unrestricted domiciliary right of the Operator applies.
  4. The creation of an account is only permitted to persons of full legal capacity, who are provided with the registration form on the website https://www.entnebler.de. For this purpose, a current email address is required.
  5. The User commits himself not to give false information about his person. Furthermore, the user undertakes to check his details regularly to ensure that they are correct.
  6. If you use any service of the Website, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all steps necessary to ensure that your password is kept secret and secure, and you should notify us immediately if you have reason to be concerned that a third party has obtained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes regarding the information you provide. You may view and update some of the information you have given us on our website.
  7. The User may subsequently change their username and password at any time.
  8. You may not use any Website service in a manner that is likely to disrupt, damage or otherwise interfere with the services of or access to the Website.
  9. Further, you may not use any Website service for fraudulent or in connection with a criminal offense, unlawful activity, or harassment.
  10. We reserve the right to withhold services on the Site from you or to close accounts. This is especially true if you violate any applicable law, contractual agreements, or our policies.
  11. The Users of this website can delete their account at any time by sending an appropriate message via the contact form. The User's account will be deleted immediately once the User has completed the form, submitted it and completed the confirmation process.
§8 Claims arising from intellectual property rights
The Operator respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives reason to fear infringement, please notify the Operator.

§9 Links to other websites
  1. For links to sites that are not operated by the Operator and are located on their website, we have no way of controlling the content of this Website, as it is completely independent of us.
  2. For this reason, we do not accept any responsibility for the content of these websites and the consequences of their use by visitors to them. Accessing all websites accessible via links is at the user's own risk. No special notice is given when Users leave the Website. However, we ask you to inform us immediately of any illegal or dubious content of the linked website.

§10 Data protection & cookies
  1. Data and information of visitors and users (date, time, accessed page) about the access are stored on the server. We point out that - without consent - no personal (eg name, address or e-mail address) data is stored.
  2. If personal data is collected, we undertake to obtain the prior consent of the user of the website. We undertake not to pass on any data to third parties unless the visitor or user gives his or her prior consent.
  3. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
  4. Third parties are not entitled to use contact data for commercial activities.
  5. The user has the right to information. You have the right at any time to receive from us complete and free information about the data concerning you.
  6. Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
  7. Further details, in particular also about cookies, are provided separately on the data protection page.

§11 Minors
The use of our Website is only permitted to persons of full legal capacity. If you are under 18, you may use this website only with the consent of a parent or guardian. The provider of the Website is entitled at any time to ask the user to prove that he has reached the age of 18 or that he has the consent of a parent or guardian.

§12 Final provisions
  1. The contract language is German.
  2. The place of jurisdiction is Germany, unless other rules conflict with this.
  3. If you violate these Terms of Use and we do nothing about it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms of Use.
  4. We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms of Use, at any time. If any provision of these Terms of Use is invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  5. The invalidity of any provision shall not affect the validity of any other provision under the Agreement. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
© DeFogger - EntNebler 2019 - 2024
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