General Conditions of Use for the Website of the Domain
operationauge.com
I. Incorporation of the Conditions of Use
For the use of
the websites of the domain operationauge.com and the domains
operationauge.de, operationauge.org, surgicaleyes.de (hereinafter only referred to as
"operationauge.com") redirecting to the domain operationauge.com
there apply the following General Conditions of Use. The information made
available thereon may only be used after accepting said Conditions of Use.
By
using the websites at operationauge.de, the user accepts said Conditions of
Use. If the user does not accept said conditions, a use of the website and of
its contents is forbidden and the user has to exit the websites immediately.
II. Editor
The websites at
operationauge.com are edited by Operation Auge e.V. (registered association),
c/o Ron Lehnert, Luxemburger Str. 20b 507, 13353 Berlin (hereinafter only
referred to as "the Association"). According to its Articles, the
Association is a non-profit association. The Articles of the Association can be
inspected under http://www.operationauge.com/statute-operation-auge.html.
III. Exclusion
of the Commercial Use
The
contents on the websites are made available without any profit-making
intention. These contents only serve for the information on refractive surgery
for persons concerned or interested. Said information provided on the websites
is not commercially used by the Association. Such a commercial use is also expressly
forbidden to the users.
IV. Liability
Unless
otherwise provided in the following, the Association is only liable for damage
caused intentionally or by gross negligence, except in case of injuries of
life, body or health where it is also liable for negligent breach of duty.
1. Liability
of the Association
The
contents made available shall only serve for the information of the users. The
Association shall not be liable for the completeness, correctness and
up-to-dateness of any and all contents and information made available on the
website operationauge.com. Any use of the provided contents or information by
the user lies within her/his own sphere of responsibility and is made at
her/his own risk. Above all, there is no liability for any damages or negative
consequences arising out of the application or the use of the information
provided on the website operationauge.com as carried out by the user.
2. Indemnity
by the User
With
respect to the Association, the user shall be liable according to the legal
provisions as well as for any and all damage incurred on account of a violation
of said Conditions of Use. The user herewith undertakes to indemnify the
Association and its members from and against any and all claims directed
against the Association or its members due to an unauthorized use of the
website or its contents.
V. Exclusion of Medical Advice
The
contents on the websites of operationauge.com are no substitute for medical
advice, examination, diagnosis or treatment. Such advice, examinations,
diagnoses and treatments can only be carried out by trained medical
professionals.
The
Association shall not be liable for the correctness or completeness of the
published medical contents. Already started treatments shall under no
circumstances be arbitrarily changed, interrupted or discontinued only on
account of any information on said websites.
VI. Scope of Services and Exclusion of Users
There
exists no claim to the use of the website operationauge.com
It
is prohibited to manipulate the website or its contents or to use it for the
distribution of contents being morally harmful to youth or glorifying violence
or of pornographic or racist contents. Moreover, all kinds of use violating
laws or regulations in any manner are forbidden.
The
Association is free to exclude any user violating said Conditions of Use from
the use thereof.
VII. Responsibility Pursuant to Section 5 of
the German Media Services State Treaty
1. Pursuant
to Section 5 Subsection I of the German Media Services State Treaty MDStV (Mediendienstestaatsvertrag),
the Association Operation Auge e.V. as Content Provider is only responsible for
its own contents prepared by it and put onto the website according to the
general laws. Publications, contributions and other statements of users or
other third parties only convey the opinion of the respective authors and do
not correspond to the opinion or legal opinion of the Association.
2. The
Association Operation Auge e.V. shall be liable for the contents submitted by
users only within the scope of the laws in force.
Claims
recognized by judgment with respect to users, which can be evidenced to the
Association, can, according to the laws in force, lead to the cancellation of
the respective contents objected to.
3. The
Association explicitly excludes liability for such contents which are posted by
third parties or which can be reached via externally set links.
+0>VIII. Protection of Data Privacy
The
Association respects the secrecy of the personal information of the user and
undertakes herewith to comply with all current and future laws in force and
applicable laws concerning privacy protection.
No
medical information about the user shall be collected. For the forums a
registration is made. Said registration only serves for avoiding a misuse of
the forums. No personal data will be passed on to third parties without consent
of the person concerned, unless the Association is obliged to do so according
to provisions of law or by police orders, orders of the public prosecutor or
judicial orders.
IX. Copyright
The
Association is the sole owner of all rights of all contents of the data
collections of the website operationauge.com. The use of the contents offered
therein shall be made via a license to the user. Said license includes only the
use of the offered contents for personal use. Any other use, publication, distribution
and reproduction or modification is prohibited without any explicit written
consent of the Association. Any citation may only be made by reference to the
origin with the statement ©
www.operationauge.com erfolgen.
The
user grants to the Association an unlimited license for the publication,
circulation and reproduction of all contents submitted by her/him.
By
providing a contribution by a user, no claim to publication arises with respect
to the Association.
X.
Forum and Forum Reports on Experience
For
the general forum as well as for the Forum Reports on Experience (Forum
Erfahrungsberichte) there apply the General Conditions of Use, unless otherwise
provided in the following provisions.
1. In
order to participate in the forums also with the publication of one's own
contributions or experience reports, each user has to register herself/himself.
A claim to use the forums does, however, not exist thereby. The user is obliged
to carefully handle the registration data and to not make them available to
third parties. The user shall be liable for each unauthorized use of the
registration data.
2. The
user shall bear the sole responsibility for the contributions posted by her/him
to the forums. The contributions only convey the respective opinion of the
author and not the opinion or legal opinion of the Association or its members.
3. The
user herewith undertakes not to offer any contributions for publication which
are only based on fictitious events or only describe fictitious persons.
4. The
user herewith undertakes to publish in her/his contributions no libels,
threats, defamations, and disparaging remarks with respect to third parties.
The Association reserves the right to make the names of medical doctors and
clinical hospitals anonymous.
5. By
the posting of contributions and commentaries in the forums, the user declares
that she/he holds all necessary rights of use and distribution in the published
contribution. The user grants to the Association an unlimited and exclusive
license for the publication, circulation and reproduction of all contents
submitted to the forums.
She/he
also affirms that by the contribution provided by her/him no legal provisions
will be violated, also no industrial/intellectual or other property rights, or
any provision of the Law against Unfair Competition or administrative offence
provisions or criminal law provisions.
6. The
Association reserves the right to shorten the contributions and to regularly
review all contributions in accordance with said Conditions of Use and, in case
of a violation of said Conditions of Use, to cancel them or to remove them from
the publicly accessible area at its own discretion. In case of a cancellation
of individual passages of the experience reports or of the making anonymous of
the names of medical doctors and clinical hospitals, the Association will take
care not to make an amendment with regard to the content of the contributions.
7. The
Association shall have the right to exclude any user from the further use of
the forums without stating the reasons therefor.
8. The Association
shall be liable for damages only according to these Conditions of Use. On
principle, the Association shall not be liable for data losses which result out
ot a negligent behaviour of the Association or of its employees.
XI. Final Provisions
1. The
law of the Federal Republic of Germany shall apply. The place of jurisdiction
shall be Leipzig/Gemany.
2. If
any provision of the Conditions of Use is or shall become invalid completely or
in part, the validity of the other provisions or of the remainder of such
provision shall not be affected hereby.
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