General terms and conditions of business

Preamble

The following general terms and conditions regulate the relationship between QuadHub (hereinafter referred to as "QuadHub") as the operator of QuadHub and the registered users of QuadHub (hereinafter referred to as "member").

1. Registration

1.1 To use QuadHub's services, you must first fill out the registration form with a user name, email address, password and gender. The email address and gender information must be truthful.

During the registration process and subsequent use, in individual cases it may be necessary to provide an email address and/or a mobile phone number to ensure compliance with the contractual provisions and rules of conduct. This email address or mobile phone number may only be used by the person registering and using it and must be accessible to them. The use of email addresses or cell phone numbers that were only created temporarily in advance - for example exclusively for the registration process - and to which the member will not have permanent access is not permitted.

After successful registration, the member becomes part of the QuadHub community and can use QuadHub's services.

1.2 The password serves as an access key to log in to the account created during registration. In order to prevent misuse, the member has special obligations:

• The member is responsible for maintaining the confidentiality of the password and is responsible for all activities that occur under his or her account.

• The password may not be passed on to third parties. Neither QuadHub nor QuadHub volunteer admins or moderators will ever ask for the password. Therefore, the password must not be given out even if requested by third parties.

• Passing on the password to third parties entitles QuadHub to block the account.

• When choosing the password, care should be taken to ensure that it is not easy to guess. In particular, it should not be identical to the account name or other information provided during registration.

1.3 If it is determined that someone has gained unauthorized access to an account that was registered by another person, the administration (e.g. a QuadHub admin, see point 7) or support must be informed immediately by the member concerned as soon as it becomes aware of it.

1.4 QuadHub assumes no responsibility for the registration of accounts whose rights lie with third parties. The respective member is solely responsible for the consequences of registering and using such an account. The member releases QuadHub from all third-party claims resulting from the registration of an inadmissible account or an account with third-party rights.

1.5 Registering an account with ambiguous, offensive, violent, politically extreme or offensive content is prohibited.

1.6 By registering the account, the member declares that they are entitled to use this offer (see point 2 of the General Terms and Conditions) and that they accept and comply with the terms of use. The registered account may neither be sold nor passed on or transferred to other persons free of charge. QuadHub is entitled to immediately block and/or delete accounts that are passed on, transferred or sold to third parties.

2. Minors

2.1 Minors may register for the QuadHub Services provided they are at least 16 years of age and have the necessary insight to understand and comply with the applicable Terms of Use. The consent of the legal guardian to register is required. QuadHub reserves the right to only allow people who have reached a certain age to register an account as a whole or in individual cases. Persons who have not yet reached the required age are prohibited from completing the registration process.

2.2 If the legal guardians allow the use of the QuadHub Services by the minor, they accept their responsibility for the online behavior of the minor, the consequences of any misuse of the QuadHub Services by the minor and the general terms and conditions of use of the QuadHub Services. The legal guardians are aware that QuadHub cannot have any influence on the content of the conversations held in the chat due to the responsibility of the adult members. It is therefore necessary for the legal guardians to independently supervise the minor's chatting habits and choice of conversation partners.

3. Code of Conduct

3.1 QuadHub's Code of Conduct is an integral part of the Terms of Use.

4. Rules of conduct

4.1 Members are obliged to treat each other with respect and tolerance. You are prohibited from using the QuadHub Services to threaten, harass or otherwise violate the rights of other members or third parties.

4.2 Each member undertakes not to intentionally deceive or harm other members. This includes, in particular, not impersonating QuadHub employees or representatives in order to obtain personal information from other members.

4.3 The QuadHub services may not be used for illegal purposes that violate applicable laws of the Federal Republic of Germany.

4.4 Every member is obliged to comply with the applicable youth protection regulations. This includes finding out about the age of the chat partner and not sharing any content of a sexual, violent, discriminatory or otherwise questionable nature that could endanger the development of minors.

4.5 You are prohibited from engaging in any activity intended to sabotage or disrupt the QuadHub Services or their use. This includes measures that could affect the physical or logical structure of the networks used.

4.6 The use of bots or other programs that automatically compose texts in the chat or prevent automatic disconnection after inactivity is prohibited. The use of programs that can influence the games or member information available in the chat is also prohibited.

4.7 Smileys are used for expression in chats or in posts.

4.8 The use of second or multiple accounts is prohibited unless they are used regularly and authentically for genuine communication purposes and are personalized.

4.9 QuadHub offers the opportunity to create events, groups, contributions, promotions or articles. The member is responsible for the content of this content. QuadHub reserves the right to delete content and ban members if they violate the Code of Conduct.

4.10 It is possible to report suspicious content with suspected violations of the rules of conduct via the reporting system. Improper use of the reporting system can lead to temporary blocking of access.

5. Content and statements

5.1 No content or statements may be published, transmitted or uploaded that violate applicable laws of the Federal Republic of Germany, in particular those that are offensive, glorify violence, obscene, discriminatory or pornographic in nature. This also includes content that can be accessed via links and that could make the member liable to prosecution.

This primarily includes content with which the member could commit a criminal offense, such as in particular:

•                   disseminating propaganda materials from unconstitutional organizations (§§ 86, 86a StGB)

•                   Incitement to hatred by disseminating writings from unconstitutional organizations (§§ 130 II No. 1 StGB)

•                   inducing criminal offenses (§ 130 a StGB)

•                   the distribution of writings glorifying violence (§ 131 I StGB)

•                   insulting denominations, religious communities and ideological associations (§ 166 StGB)

•                   the distribution of pornographic writings, which include in particular child pornography, sexual acts by people with animals and depictions of the primary sexual organs (§ 184 StGB)

•                   Insult, slander and slander (§§ 185 ff. StGB)

•                   prohibited communications about non-public court hearings (§ 353 d StGB)

•                   the distribution of writings that are harmful to minors (Section 21 I No. 3a III, GJS)

•                   the unauthorized use of works protected by copyright (§ 106 UrhG)

5.2 Furthermore, it is prohibited to use offensive content, ambiguous names and other representations, even if they do not violate applicable law.

5.3 Content and statements may only be published, uploaded or transmitted if the member has the necessary rights to do so. The member releases QuadHub from all third-party claims that arise due to content published by the member because the rights of third parties were violated.

5.4 Each member is responsible for creating backup copies of their posted content and the software used. QuadHub assumes no responsibility for data loss unless this is due to intentional or grossly negligent behavior on the part of QuadHub or its vicarious agents.

5.4 Each member is responsible for creating backup copies of their posted content and the software used. QuadHub assumes no responsibility for data loss unless this is due to intentional or grossly negligent behavior on the part of QuadHub or its vicarious agents.

5.5 Public mention of other communication and messenger platforms that are not part of the QuadHub services is not permitted in the chat or in the profile.

6. Advertising

6.1 The QuadHub Services may not be used for advertising purposes. This includes in particular the promotion of commercial websites or apps in QuadHub groups, profiles or in the QuadHub forum. It is also prohibited to send unsolicited advertising for personal purposes to other members via email.
6.2 If a member distributes advertising for commercial websites or apps in the QuadHub services contrary to the regulation in Section 6.1, a contractual penalty of 500.00 euros is due for each case of distribution, which must be paid to QuadHub. This regulation does not affect any claims for damages by the QuadHub operators. However, the member has the right to prove that QuadHub suffered no or lesser damage as a result.

6.3 Advertising may only be carried out via your own QuadHub advertising manager. After contacting support, the member can receive approval for advertising and carry it out within the framework of the specified specifications.

7. Admins and Moderators

7.1 Voluntary members of the administration such as admins and moderators are selected either by QuadHub itself or by group owners. Your job is to monitor the climate and content at QuadHub and take action against members who violate the terms of use or QuadHub etiquette. Volunteer members are given appropriate functions, insights and rights to carry out their administrative tasks.
7.2 In order to maintain a positive and pleasant community environment, the administration is entitled to block or delete members who, despite a warning, violate the terms of use or community etiquette.

8. Private and Commercial Use

8.1 Each Member may use the QuadHub Services for both personal and commercial purposes.

9. Personal responsibility of the member

Each Member is fully responsible for their activities within the QuadHub Services. QuadHub does not review content or statements before publishing them.

10. Photos

10.1 QuadHub allows its members to upload photos within the service provided under certain conditions. Members are free to use this offer.10.2 Members who upload photos to QuadHub's services have no right to have these photos actually published. QuadHub reserves the right to check the photos, in particular with regard to compliance with the conditions stated under point 10.3.
10.3 Before a Member uploads a photo to the QuadHub Photo Gallery, the photo must meet the following conditions:
The member must own the rights to the uploaded photo or at least have permission from the rights holder to publish it in the QuadHub photo gallery.
If anyone other than the member appears in the photo, consent must be obtained from all persons depicted before the photo is published.
For people under the age of 16, permission from their legal guardian must also be obtained to publish the photo.
The photo must not depict sexual, criminal or offensive acts.
10.4 By uploading photos to QuadHub, the member agrees that QuadHub may use these photos on the Internet for advertising purposes for QuadHub's services as long as they are published by the member on QuadHub. The member can object to this use at any time.

11. Rights of QuadHub

11.1 In the event of a violation of these Terms of Use, QuadHub reserves the right to exclude the member in question and delete the content used by him as soon as the violation becomes known. QuadHub is not obligated to warn the Member before deleting the Content. QuadHub also reserves the right to prohibit the use of the platform and to terminate the contractual relationship without prior notice.
11.2 If a Member has not used QuadHub Services for a period of twelve months, QuadHub may cancel the Member's registration and delete the content used by the Member without prior notice to the Member.

11.3 QuadHub is entitled to change these terms of use at any time. Members will be informed of the changes via email or chat message. The changed terms of use come into force for already registered members 4 weeks after the change is announced. Continued use of the QuadHub Services after this period constitutes acceptance of the changes. If the member does not agree, he or she may no longer use QuadHub's offerings and QuadHub may exercise its rights in accordance with Section 11.1.

11.4 QuadHub may make changes to the QuadHub Services at any time.

12. QuadHub Liability

12.1 QuadHub is liable in accordance with the statutory provisions in cases of intent or gross negligence on the part of QuadHub, its representatives or vicarious agents, as well as in the event of culpable injury to life, body or health. However, QuadHub's liability in the event of gross negligence is limited to the foreseeable damage typical of the contract, unless one of the exceptional cases specified in sentence 1 or sentence 3 of this paragraph also occurs. In addition, QuadHub is only liable in accordance with the Product Liability Act, for the culpable violation of essential contractual obligations or if QuadHub fraudulently concealed defects or assumed a guarantee for the quality of a contractual item. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, unless one of the exceptional cases specified in sentence 1 or sentence 3 of this paragraph also applies.
12.2 The provisions of this paragraph 12.2 apply to all claims for damages (in particular for damages in addition to performance and damages instead of performance), regardless of their legal basis, in particular due to defects, breach of obligations arising from the contractual relationship or unlawful acts. They also apply to the claim for reimbursement of wasted expenses.
12.3 The above regulations do not lead to a change in the burden of proof to the detriment of the member.
12.4 QuadHub does not guarantee the constant availability of its services. This includes the uninterrupted and error-free availability of the material provided on the server on the websites as well as the absence of viruses or other harmful components.

13. Legal validity of the document

Should parts or individual formulations of this text be or become ineffective, the remaining parts of the document will remain unaffected in their content and validity.

14. Participation in Disputes

The European Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. Further information can be found at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.

15. Final provisions

15.1 This Agreement or use of the QuadHub Services does not create a joint venture, partnership, employment or agency relationship between QuadHub and the applicable Member.
15.2 For all disputes arising from the contractual relationship in which the member is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Geilenkirchen.
15.3 The applicable law is that of the Federal Republic of Germany.

As of: February 1, 2024