1. General Terms
1.1 On www.3d-modellbahn.de, the entrepreneur Stefan Werner (hereinafter referred to as “We”) provides an online platform through which guests and registered users may use various services offered; this shall include the opportunity to download and configure content for planning and simulating virtual model railway layouts, to upload the user’s own content as well as making contact with other users in the forum. Users shall be allowed to inform themselves as guests about the services offered on the platform in a non-binding way, or may access contents as registered users, as well as use the other services free of charge or in return for payment in the scope of the availability of the platform at a certain time.
1.2 All offers and services on the platform as well as the use of the web pages and all subdomains pertaining thereto shall be in accordance with the following Terms and Conditions of Use.
2. Language, Professional Version, Storage of the Contract Data
2.1 The German version of this contract shall be the legally binding one. The services offered on this online platform shall be free of charge, except the professional version. The prerequisite for using them shall be an online login. In order to log in, the user shall have the opportunity to register on the platform by means of a user name and a password.
2.2 After having logged in, it shall be possible to order the professional version online, and this shall be confirmed by us after the purchase by means of an email that includes the invoice data. The professional version shall be paid in advance by PayPal, credit card or prepayment (the user shall pay by means of transfer to our account), and after the receipt of the money, we will promptly activate it. The indicated prices shall be final prices including VAT.
2.3 By choosing the professional version, the user shall gain the authorisation to access a significantly broader range of services in return for the single payment of a fixed amount. The professional version shall be available to adult users only; for minors, a registration by their legal representatives shall be required.
2.4 The text of the contract shall be stored by us upon the user’s registration and our confirmation. Both of these shall be accessible by the user through the user's email programme in the form of the confirmation sent by us.
2.5 The use may be cancelled at any time by the user deregistering and having the user's account deleted. This shall also be possible in respect of the professional version; however, a partial repayment of the amount previously paid shall be excluded.
3. Scope of Use and Restrictions
3.1 The user shall receive access to the contents of the platform only for private, non-commercial use and without any right to change or publish/distribute them. The user shall not be entitled to certain content and scope of the services on the platform, or to certain features available; in particular, we may change features at any time or block them from access that is free of charge. In doing so, we shall take into account the user's legitimate interests. In the case of the professional version, the user shall be entitled to the availability only in the scope of our operational and technical capabilities. We shall not assume any liability for malfunctions such as hardware and software faults, electricity failures, or problems with data lines, but we try to ensure a preferably permanent operation of the platform.
As far as we are able to influence that, we warrant an availability of 98 percent for the professional version at the annual average. The regular backup period of approximately 2 hours per week shall be excluded from that.
3.2 The user themselves shall also be allowed to publish the user's own content on the platform. By uploading any content, the user shall agree that we or other users may use and also transfer the user's contents in an unrestricted way, and that in particular we may store the contents on our server as well as make them publicly accessible at the platform or publish, edit as well as reproduce them in any other way. This agreement shall remain in force even after the termination of the user's participation, unless the user expressly revokes it within 6 weeks after the user's access is deleted. The rights granted to other users shall remain unaffected thereby.
We shall reserve the right to refuse to upload certain content and to change or to remove content in the case that it infringes the Terms and Conditions of Use.
4. Exclusion of Liability
4.1 The content that is available on the platform has been elaborated and reviewed carefully. Nevertheless, we do not assume any liability for the fact that the platform works smoothly and free of errors. In the event of technical problems, the user shall not be entitled to any claim, but shall have the opportunity to approach us; we shall endeavour to eliminate any possible errors.
4.2 We shall not be liable for any content uploaded by the user, and in particular do not examine it as regards completeness, correctness, and lawfulness; we also shall not assume any warranty for the fact that such contents are complete, correct, lawful, or up-to-date, or their quality or suitability for a certain purpose.
4.3 We shall not be liable for any links placed on our web pages. With the judgment of 12 May 1998 (reference no. 312 O 85/98) - "Liability for links" [Urteil vom 12. Mai 1998 - 312 O 85/98 - "Haftung für Links"] the regional court [Landgericht] of Hamburg has decided that, as the case may be, someone who places a link shall be co-responsible for the contents on the web page that is connected through this link. According to the regional court, this can only be prevented by expressly distancing oneself from these contents. Thus, we expressly distance ourselves from any and all contents of all web pages to which links are placed on our platform. This declaration shall apply to all links placed on our internet pages.
5. User's Obligations and Liability
5.1 The user's credentials shall be exclusively assigned to the user; the user shall ensure that they do not become available to unauthorised third parties and shall be liable in accordance with the statutory provisions for all activities of third parties that are made under the user's credentials. The user shall promptly inform us in the case that an unauthorised use by third parties has taken place. The user shall also be liable for the fact that the user name selected by the user does not infringe any third party rights, in particular name and trademark rights, and is not immoral.
5.2 The user shall be liable for activities that are unlawful and e.g. infringe rights of third parties. The user shall be prohibited to put on the platform any fraudulent, pornographical, salacious, or insulting contents, viruses, or other malicious files and programmes, junk or spam mails as well as chain letters, or to pester other users as well as to unduly overuse our server system. In the case of infringements of this provision, we shall be allowed to block the respective user's access temporarily or permanently and claim compensation for damages, if any. The user shall be informed about this via email.
5.3 The user shall promptly inform us about such activities of other users or a reasonable suspicion in that respect.
5.4 The user shall be solely liable for content uploaded by the user, and in particular also for the fact that the user is entitled to upload and make available the respective content. The user shall keep us indemnified against any possible liability towards third parties.
6. Copyright and License Terms and Conditions
6.1 All contents on the platform, except the contents of third parties uploaded by users, shall be owned by us and shall be protected by copyright. All rights of them shall be reserved, i.e. the content must not be used without our consent beyond the scope of these Terms and Conditions of Use.
6.2 This shall also apply to programmes that we offer for downloading.
7. Data Privacy Statement
7.1 The following data of the user will be collected: email, user name, and password for the access to the platform as well as the IP address. Within the scope of the laws governing data protection, the user's data shall only be processed and stored insofar as that is necessary for the performance of the contract. This shall also apply to the usage of the data outside of our company and passing them on to third parties. On no account, will we sell the user data. Upon the complete performance of the contract, the user data will be blocked from any further usage and they will be deleted after the expiration of the time limits prescribed by commercial and fiscal law. At all times, the user shall be entitled to information from us about the data stored with respect to the user's person, their origin, their recipient, etc. Furthermore, the user may at all times request us to delete this data without stating any reasons. Subject to legal obligations, we will promptly delete such data. For that purpose, it shall be sufficient to contact us, e.g. via email addressed to email@example.com (link sends e-mail).
7.2 On the platform we use so-called “cookies”, which are small and harmless text files placed on the user's computer. They serve to make the offered services more user-friendly, effective, and secure. Most of the cookies used will be deleted at the user's computer automatically after the end of the visit to the platform. Cookies do not contain any viruses. We or our provider, respectively, or a company contracted by us possibly collect data regarding the access to our web page (so-called server log files) for optimisation and statistical purposes; this data includes the IP address, the file name, and the amount of data, the enquiring provider, the browser type, date/time, the web page accessed before, the operating system, and the access notification.
8. Other Provisions
8.1 German law shall apply to the legal relationship between us and the user; the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
8.2 Using the platform shall mean that the user acknowledges these Terms and Conditions of Use. In the case that a single provision of these Terms and Conditions should be invalid, the validity of the other provisions shall remain unaffected thereby.