Terms of Use

This is a translation provided for the convenience of English-speaking visitors. The legally binding version is the German Nutzungsbedingungen. In case of any inconsistency, the German version prevails.

1) Scope

1.1 These Terms of Use of No B.S. GmbH (hereinafter "Operator") apply to the use of the online forum provided by the Operator on the internet (hereinafter "Forum") by the User.

1.2 Users within the meaning of these Terms of Use are consumers or business users who have registered for the Forum.

1.3 A consumer within the meaning of these Terms of Use is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 A business user within the meaning of these Terms of Use is a natural person who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Eligibility to Use

2.1 Eligible to use are natural persons with unrestricted legal capacity. Natural persons without unrestricted legal capacity (in particular minors) may only use the Forum with the consent of their legal representative. The Operator reserves the right to make use of the Forum dependent on the submission of a written declaration of consent by the legal representative in such cases. By submitting their declaration of consent to these Terms of Use, the User confirms that they meet the aforementioned requirements upon conclusion of the user agreement.

2.2 Each User may create only one user account in the Forum. Their authorisation to use the Forum applies only to them personally and is not transferable.

3) Registration, Conclusion of Contract

3.1 Upon successful registration, a user agreement is concluded between the Operator and the User regarding the use of the Forum subject to these Terms of Use.

3.2 After entering their data into the online form provided for this purpose, the User can register by clicking the button concluding the registration process. Submitting the registration data constitutes the User's offer to conclude the user agreement, which the Operator may, but is not obliged to, accept. The Operator may accept the User's offer within five days of receipt of the application by means of an order confirmation transmitted electronically (by e-mail) or by activating the user account. If the Operator does not accept the User's contract offer within the aforementioned period, this is deemed a rejection of the offer.

3.3 The text of the contract is stored by the Operator but cannot be retrieved by the User via the Operator's website after the User has submitted their contractual declaration.

3.4 Before submitting their contractual declaration, the User can correct their entries continuously using the usual keyboard and mouse functions.

3.5 The German language is available for the conclusion of the contract.

3.6 The data requested during registration must be provided by the User completely and correctly. The User is obliged to keep this data up to date at all times.

3.7 If the Operator receives sufficient indications or has reason to believe that information received from the User during registration regarding their identity is incorrect, incomplete or not up to date, the Operator will request the User to correct or complete the relevant information without delay. If the User fails to correct or complete this information, the Operator will block the User until they have fully complied with the request.

3.8 Users are generally liable for all activities carried out using their access, insofar as they are responsible for them. The User is responsible for keeping their access data confidential. They must ensure that the access data is not made available to third parties. The User must inform the Operator immediately if there are indications that their access is being or has been used by third parties without authorisation.

4) Services of the Operator

4.1 The Operator provides an online Forum through which Users can post and/or retrieve user profiles and certain content using the software provided by the Operator, as well as get in touch with other Users of the Forum.

4.2 For the use of the Forum, the Operator enables the User to access the Forum and provides them with suitable software, which remains on the Operator's server. The Operator does not owe the establishment and maintenance of the data connection between the User's IT system and the Operator's server.

4.3 The Forum is offered subject to availability. 100 percent availability cannot be technically realised and therefore cannot be guaranteed by the Operator. However, the Operator endeavours to keep the service as constantly available as possible. In particular, maintenance, security or capacity issues, as well as events that are not within the Operator's control (disruptions of public communication networks, power failures, etc.), can lead to disruptions or temporary shutdowns of the service. The Operator will, where possible, carry out maintenance work during off-peak times.

4.4 The software for operating the Forum is updated by the Operator at irregular intervals. The User accordingly only receives a right to use the software in its respective current version. The User has no claim to the establishment of any particular state of the software.

5) Changes to Services

5.1 The Operator reserves the right to change the services offered or to offer different services, unless this is unreasonable for the User.

5.2 The Operator further reserves the right to change the services offered or to offer different services,

• insofar as it is obliged to do so due to a change in the legal situation;
• insofar as it complies with a court judgement or an authority decision directed against it;
• insofar as the respective change is necessary to close existing security gaps;
• if the change is merely advantageous for the User; or
• if the change is purely technical or procedural in nature without significant impact on the User.

5.3 Changes with only insignificant influence on the functions of the Forum do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.

6) User's Responsibility for Content

Each User is solely responsible for the content of the information they post on the Operator's Forum, in particular for its truthfulness and legal harmlessness. The User assures that the data provided by them is truthful. The User shall ensure that the content posted by them does not violate these Terms of Use or applicable law. In particular, they must comply at all times and to the full extent with the requirements of intellectual property (copyright, patent rights, trademark rights, etc.) and shall always behave in such a way that the rights of third parties are not impaired and no danger can arise for the Operator, for example through claims by third parties.

In particular, the publication of

• copyright-protected content for which there is no authorisation to use (e.g. photos to whose publication on the internet the photographer and/or a depicted person has not consented) is prohibited;
• false statements of fact;
• contributions aimed at personally attacking or defaming other Users;
• racist, xenophobic, discriminatory or insulting content;
• content harmful to minors;
• content glorifying violence;
• links to pages that do not comply with statutory provisions or these Terms of Use.

7) Moderation and Restriction of Content

7.1 The Operator is generally not obliged to proactively check the content posted by Users for legality or compatibility with the rights of third parties or these Terms of Use. However, the Operator reserves the right to check the User's content for legality on its own initiative on a case-by-case basis and, in the case of established violations, to take measures to remove such content at its own reasonable discretion.

7.2 Users and affected third parties can report presumably unlawful content to the Operator using the e-mail address provided in the Operator's imprint. The Operator is free to forward the content of a report to the User who posted the reported content. The identity of the reporting person will only be disclosed to the User if this is absolutely necessary.

8) Comments

8.1 The Operator grants Users the possibility to submit comments.

8.2 Users are obliged to make exclusively truthful statements in the comments submitted. The submitted comments must be objective and must not contain abusive criticism.

8.3 Any improper use of the comment function is prohibited.

8.4 Comments are not checked by the Operator without specific suspicion and may be incorrect or misleading.

8.5 If a User believes that an incorrect or otherwise inadmissible comment has been submitted about them by another User, they may file a complaint with the Operator at the e-mail address mentioned in the Operator's imprint. The complaint must contain a justification as to why the comment in question is, in the opinion of the affected User, incorrect or otherwise inadmissible. In the case of a substantiated complaint, the Operator will request the author of the relevant comment to provide a statement. If the author refuses to amend or withdraw their comment, the Operator will, at its own reasonable discretion and taking into account the interests of the affected Users, decide whether the comment may continue to appear on the website until any judicial clarification of the matter.

9) Granting of Rights of Use by the Operator

9.1 The Operator grants the User a non-exclusive right, limited to the duration of the user agreement, to use the online Forum provided by the Operator within the framework of these Terms of Use.

9.2 Unless otherwise apparent from the specific circumstances, Users are generally prohibited from making content from the Forum publicly accessible outside the Forum, in whole or in part, or from passing it on to third parties. Furthermore, the User shall ensure that they do not provide third parties with any means of circumventing access to the Forum.

10) Granting of Rights of Use by the User, Indemnification

10.1 The Operator is entitled to use, or have used by third parties, content and information provided by Users for the Forum.

10.2 The User grants the Operator the rights of use required for this purpose free of charge, non-exclusively and limited to the duration of the user agreement, in particular the right of permanent storage and retention and of public accessibility, the right of reproduction and publication, as well as the right of editing and distribution, and warrants that they are entitled to grant such rights of use.

10.3 The User indemnifies the Operator against all claims that other Users or other third parties may assert against the Operator due to infringement of their rights resulting from content posted by the User or due to other use of the Forum by the User. The User also assumes the necessary costs of legal defence in this regard, including all court and lawyers' fees in the statutory amount. This does not apply if the infringement is not attributable to the User. The User is obliged to provide the Operator immediately, truthfully and completely with all information necessary for examining the claims and mounting a defence in the event of a claim by third parties.

11) Sanctions of the Operator

11.1 If the User violates statutory provisions or these Terms of Use or if the Operator has concrete indications thereof, the Operator is entitled, without prior notice and further examination,

• to delete related entries by the User,
• to change entries within the scope of the editing right,
• to issue a warning,
• to temporarily or permanently block the User's access, or
• to take other necessary and appropriate measures.

Which measure the Operator takes depends on the individual case and is at the Operator's reasonable discretion.

11.2 If the User is blocked, they may no longer use the Forum and may not register again for it.

11.3 The Operator reserves the right to take legal action due to a violation by the User of statutory provisions or of these Terms of Use.

12) Liability of the Operator

The Operator is liable to the User from all contractual, quasi-contractual and statutory claims, including those in tort, for damages and reimbursement of expenses as follows:

12.1 The Operator is liable without limitation on any legal grounds

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

12.2 If the Operator negligently breaches a material contractual duty, liability is limited to the damage typical for the contract and reasonably foreseeable, unless liability is unlimited pursuant to the preceding clause. Material contractual duties are duties imposed on the Operator by the contract according to its content for the achievement of the contract's purpose, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the User may regularly rely.

12.3 Otherwise, the Operator's liability is excluded.

12.4 The above liability provisions also apply with regard to the Operator's liability for its vicarious agents and legal representatives.

13) Term, Termination

13.1 The user agreement is concluded for an indefinite period and may be terminated by the User at any time without observing a notice period and by the Operator at any time with a notice period of 14 days.

13.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

13.3 Terminations must be made in text form (e.g. by e-mail). The User may also terminate the contract by deleting their user profile via the function provided by the Operator in the user account.

14) Amendment of the Terms of Use

14.1 The Operator reserves the right to amend these Terms of Use at any time, provided that the User consents to the amendment.

14.2 The Operator further reserves the right to amend these Terms of Use even without the User's consent,

• insofar as it is obliged to do so due to a change in the legal situation;
• insofar as it complies with a court judgement or an authority decision directed against it;
• insofar as it introduces additional, entirely new services, services or service elements that require a service description in the Terms of Use, unless the previous use relationship is thereby disadvantageously changed;
• if the amendment is merely advantageous for the User; or
• if the amendment is purely technical or procedural in nature, unless it has significant effects on the User.

14.3 The Operator will inform the User of significant amendments to these Terms of Use in good time and in an appropriate form. Significant amendments are those that would shift the contractual relationship significantly to the disadvantage of the User or would be tantamount to the conclusion of an entirely new contract. These include, for example, provisions on the type and scope of the service or on the term of the contract and termination modalities.

14.4 The User's right of termination remains unaffected.

15) Applicable Law

The law of the Republic of Austria applies to all legal relations of the parties. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

16) Place of Jurisdiction

If the User acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Operator's place of business. If the User has their registered office outside the territory of the Republic of Austria, the Operator's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the User's professional or commercial activity. In the above cases, however, the Operator is in any event entitled to bring proceedings before the court at the User's registered office.

17) Alternative Dispute Resolution

The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.