Section 1 – Host, content and substance of the services provided
(1) The host of the online presence www.advocate-europe.eu (referred to hereinbelow as the “Platform”) is MitOst e.V., Alt-Moabit 90, 10559 Berlin, Germany. The terms and conditions set out below provide for the rights and obligations enjoyed by, respectively incumbent on, the host and each user of the website.
(2) The host is operating the Platform so as to enable users to submit project ideas for publication, to discuss them, and to vote on them, in each case online, in the context of the “Advocate Europe” idea challenge.
Section 2 – Access requirements, registration
(1) Each visitor to the site will be able to view the project ideas published and the contributions made in discussing them without needing to meet any particular requirements.
(2) Anyone wishing to submit and publish their own project ideas, or to add to the discussions or to modify such contributions, will need to register previously.
(3) Any natural person may register with the Platform by providing a user name (nickname) that they themselves have selected, their email address, and a password that they themselves have selected. Further information may be added on a voluntary basis. Where the host accepts the application for registration, the registered user will receive a corresponding confirmation via email.
(4) Only one registration may permissibly be filed per natural person. It is not permissible to register on behalf of third parties. The host reserves the right to terminate any user relationships without notice if they are based on one and the same natural person having registered several times, or having done so on behalf of a third party.
(5) The use of the Platform is free of charge.
Section 3 – Submission of project ideas, rights granted
(1) Registered users may submit project ideas to the Platform, which will be published on the Platform and which will, by their publication, participate in the idea challenge “Advocate Europe” organized by the host.
(2) In submitting a project idea, the user assures that this is based essentially on his or her personal considerations and objectives and that he/she personally authored it. To the extent that any third parties have assisted with developing the project idea, the user submitting it assures that all parties assisting with it have agreed to submitting such project idea. Project ideas must be written in German or in English.
(3) The user grants the right to the host to publish, reproduce, and make publicly accessible all component parts of the project idea (texts, image data, video data, audio and other data), providing the user’s name in so doing, and to otherwise disseminate such component parts both on the Platform and in any printed products that the host may prepare in the context of its idea challenge and/or in order to promote its activities as set out in the statutes. The right is granted as a non-exclusive right that is unlimited in terms of its duration and its geographic extent.
(4) The rights granted pursuant to paragraph 3 also comprise the right to grant said rights to Stiftung Mercator GmbH, Huyssenallee 46, 45128 Essen, Germany, as well as to the association Liquid Democracy e.V., Isarstrasse 11, 12053 Berlin, Germany, with whom the host collaborates and from whom the host receives funding, the intention being to allow the grantees to use the corresponding materials to document and advertise the competition and their work in accordance with their articles.
(5) The user guarantees to the host that it holds all of the required rights to all component parts of its project idea; this concerns in particular the personal rights of persons shown in any photographs or videos submitted. The user releases the host liability for any and all claims that third parties may raise vis-à-vis the host for any potential violation of their rights by the material submitted. This claim to be released from liability also covers the costs, which may need to be incurred in such context, of appropriately reviewing the matter and, should the case arise, of mounting a legal defense, unless the user is not responsible for the objection raised by the third party.
(6) The rights are granted at no charge.
(7) In all other regards, the terms and conditions the host has put in place for the idea challenge shall apply; these are available for review here. The host may refrain from publishing any project ideas and/or refuse to allow a project idea to participate in the idea challenge if the project idea submitted is not compliant with the Funding Criteria. This provision shall not affect any other grounds for rejection, such as obvious violations of the law.
Section 4 – Discussion of project ideas
(1) Registered users have the opportunity to discuss the project ideas that other users have submitted by posting contributions via the “comments” / “discussion” function of the Platform. Contributions must be in German or in English.
(2) Contributions must be fact-based and neutral in tone; they may not be insulting and may not have content that is prohibited under criminal law or civil law. For further guidelines on communicating on the site, please see our Netiquette, which is available for review online here.
(3) The granting of rights pursuant to Section 3 shall apply mutatis mutandis to contributions.
Section 5 – Termination of the user relationship
(1) Each user may terminate his or her user relationship by correspondingly notifying the host.
(2) The termination of a user relationship does not affect the rights granted to the host until that time; instead, these rights shall continue in force. Any rights of the user that are, by law, inalienable, such as the right to revoke the rights granted, shall remain unaffected hereby.
(3) The Platform is being operated for an indefinite period; the users do not have a claim to its term being unlimited.
Section 6 – Liability for content
The processes of the Platform are automated, in particular the receipt and publication of project ideas and contributions to discussions. The host will not review the data submitted, prior to their publication, as to whether or not their content is appropriate and/or factually correct, nor will the host review them for any violations of the law. However, the host enters into obligation to immediately follow up on any specific indications that data are problematic.
Section 7 – Final provisions
(1) The use of the Platform is governed by the laws of the Federal Republic of Germany, to the exclusion of the choice of law rules of private international law. This choice of law shall not apply inasmuch as it would restrict mandatory statutory rights of a consumer having his or her permanent residence abroad.