1. Subject matter
By using KMK’s websites, you automatically recognise the following regulations as binding.
If you register for a KMK service on a website operated by KMK, you must complete the registration process, providing exact, complete and up-to-date information.
Please use your user name and the password provided to you by KMK. You shall be solely responsible for keeping your password and user name secret. You are required to inform KMK without delay about any unauthorised usage of your account and any other breach of security regulations. You shall not make use of the accounts of third parties without the prior consent of the respective account owner.
3. Rules of conduct
KMK’s websites and web services may not be used for purposes that are illegal; they may not be damaged, deactivated, overloaded or otherwise compromised.
Furthermore, you shall undertake not to obstruct the usage of KMK’s websites and web services by third parties. You shall not attempt to gain unauthorised access to KMK’s websites and web services by cracking codes, illegally obtaining passwords or any other methods; similarly, you shall not attempt to access other accounts, computer systems or networks connected with these.
4. Usage of services
KMK’s websites and web services may include e-mail services, newsgroups, forums, communities, personal websites, calendars, photo albums, folders and/or other news or communication facilities for communicating with other users (“communication services”). You consent to using the communication services only for the purposes of making available, sending and receiving messages and associated material relating to the communication service in question.
You shall undertake not to use the communication services in connection with surveys, competitions, chain letters, junk e-mails, mass advertising or any other unsolicited messages of a commercial or any other nature.
You shall also refrain from slandering, harassing or threatening other people or violating their legal rights (such as their right to privacy and protection of personality) in any other way. You shall refrain from publishing, providing, uploading, distributing or disseminating any inappropriate, slanderous, obscene, indecent or illegal material or information. You shall not submit, upload, download or use in any other way content containing pictures, photographs, software or other material the use of which violates the rights of third parties (in particular copyright and neighbouring rights). You shall not upload any damaged files or files containing viruses, Trojan horses, worms, “time bombs”, or cancelbots or upload any similar software or programmes that damage or could damage other computer systems. You shall not falsify or delete any author’s comments, legal or other notices and/or means of identification of ownership or notices concerning the origin or source of software or other materials in an uploaded file. You shall not prevent users from using the communication services or limit their usage of these. You shall not violate any rules of conduct or guidelines that apply for a specific communication service. You shall not assume a false identity for the purpose of misleading others. You shall not use or download lists of users of KMK websites and services or make use of other usage information, either in whole or in part; similarly, you shall not make these available to any natural or legal persons who are not users of a KMK website or service, either free of charge or in return for a fee.
KMK shall not be obliged to monitor the communication services. However, it shall retain the right to check material sent to the communication services and to remove it if necessary.
5. Content of users
You shall only publish, upload or submit content for which you have the necessary rights (in particular performance rights, trademark rights and/or copyrights).
6. Claims for injunctive relief and damages
In the event of unlawful usage of its services, KMK shall be entitled – but not obliged – to take appropriate measures at the expense of said user in order to rectify an infringement of its own services or of users of KMK sites in the future.
7. Choice of law/jurisdiction
The laws of the Federal Republic of Germany shall apply exclusively under exclusion of the UN Sales Law (CISG).
The place of jurisdiction for possible disputes in connection with the usage of KMK websites shall be Karlsruhe in the Federal Republic of Germany.
8. Safeguarding clause