General Terms and Conditions of Schwingenstein Foundation gGmbH aka Schwingenstein foundation
§ 1 Scope
§ 2 Termination/Change of contract
1. The agreement on the use of torial , inclusive of these General Terms and Conditions, is concluded by filling in and sending of the registration form by the user on one hand and activation of the service for the user by Schwingenstein foundation on the other hand.
§ 3 Conditions of use
1. Prior to use of torial, the potential user must sign-up with an e-mail address and a password of the user's choice.
2. The user is obligated to provide accurate information and to keep his/her information up to date and accurate at all times. This is essential to torial's networking concept.
3. torial is not able to determine with certainty through technical means whether a user registered on torial's websites is in fact the person that the user claims to be. torial therefore does therefore not warrant or represent the user's actual identity. It is the user’s responsibility to verify another user's identity.
4. Receiving the e-mail newsletter is voluntary. The user can unsubscribe from the newsletter at any time.
§ 4 Services
1. Within the framework of the functionality offered torial enables the user to store and manage content via the internet on systems run bySchwingenstein foundation. anbahnen
2. torial provides the user with a contact forum for journalists. torial provides a platform that brings users together, and only provides the technical applications that allow users to contact each other. torial is not involved in the content of communication between users. In so far as users initiate or conclude contracts via the torial sites, torial is not involved and is therefore not a party to the contract. Users are responsible for the execution and performance of contracts concluded among themselves. is not responsible if no relevant contact between users takes place on the torial sites. torial also not liable for users' breaches of duty within the contracts concluded between the users.
3.Schwingenstein foundation reserves the right to change the free of charge status of Schwingenstein foundation to reflect any legitimate interest of Schwingenstein foundation, for example, to limit the amount of free disk space a user has access to. This can happen especially for technical reasons. Where possible, Schwingenstein foundation / torial will announce such changes while giving sufficient notice.
4. Schwingenstein foundation is not responsible for the content that is stored by users on torial. Users who have posted content and made it available to others via torial are responsible for the opinions or factual statements that are expressed therein. Schwingenstein foundation in no way controls or moderates content prior to its storage or publication.
§ 5 Free of charge conditions
1. The use of torial is basically free. However, Schwingenstein foundation reserves the right to charge for certain services, offers, and functions in the future.
2. Any costs for the user would only arise following an express agreement with Schwingenstein foundation.
§ 6 Termination of use
1. The Contact of Use is entered into for an unlimited term unless expressly agreed otherwise. It is subject to ordinary termination by either side by way of notice given in the written form (e.g. e-mail) with a reasonable notice period of no less than two weeks. Among other methods, the user may use the "Delete account" feature for this purpose.
3. Upon termination of the agreement, Schwingenstein foundation is entitled to delete the content posted by the user (postings, documents, comments) after the user has been provided with the opportunity to back up data within a reasonable period of time.
4. Notice of termination by Schwingenstein foundation is considered to have been received as of sending of the e-mail, if any non-delivery thereof is based solely on the fact that the indicated e-mail address was indicated incorrectly by the user.
§ 7 Temporary blocking
1.Schwingenstein foundation is entitled to suspend the availability of torial for an individual user and to block the general accessibility of that user's relevant content in torial if it has a reasonable suspicion of unlawful content or unlawful use, especially if (a) a warning or cease and desist notice is received from an allegedly injured party, provided that this notice is not obviously unfounded, or (b) the user is under investigation by authorities.
2. If and insofar as possible, any block shall be limited to the allegedly infringing content. The user will be notified of the block without delay, with notice of the reasons thereof, and will be asked to take down the allegedly unlawful content or state and, where applicable, prove the lawfulness thereof. A block will be removed as soon as the suspicion has been allayed or another solution has been found for the user.
§ 8 Responsibilities of the user
1. The user shall ensure that in making use of torial they do not contravene any applicable legislation.
In particular, they commit to:
a not to store any immoral or illegal content, or help to spread or make available such content through torial.
b. to save or distribute on torial any copyrighted or other proprietary content without the necessary rights. This applies in particular to any published material in their own portfolio, but also other material, such as music or third-party software, and not to infringe on copyrights, trademarks and other intellectual property rights and privacy rights of any person concerned;
c. onto store or make accessible propaganda formats of unconstitutional organizations (§ 86 StGB);
d. to adhere to applicable youth protection rules, especially with regard to saving or making available pornographic writings and representations (§ 184 StGB).
e to give a true representation of their qualifications and his journalistic work. To use their real name and indicate the use of a pseudonym on torial;
f to respect the privacy of others, and in no way store or distribute infringing or threatening content.
g. to make no attempt to gain unauthorized access to third party data.
§ 9 Data protection and confidentiality
2. Schwingenstein foundation agrees to treat all documents posted by users and information otherwise provided within the scope of performance of Schwingenstein foundation's services as confidential, and not to disclose such documents and information to third parties without the user's consent or without being under a legal obligation to do so.
3. Schwingenstein foundation shall ensure that only those employees of the company who necessarily require access to confidential information in order to implement the Contract of Use have such access.
§ 10 Warranty
1. The statutory provisions on warranties apply.
2. The user acknowledges that torial is provided for use "as is." Schwingenstein foundation makes no warranty or implied representation whatsoever regarding any characteristic of torial with regard to its use or any results or findings achieved through torial. Continuous availability and error-free operation of the service cannot be expected or requested.
3. Uploading and downloading, activation vis-à-vis third parties or otherwise obtaining content in torial is subject to the exclusive discretion and decisions of the user. Schwingenstein foundation and users of torial are not responsible for unlawful conduct by other users.
4. Schwingenstein foundation shall not be held liable under any circumstances for incidental or indirect damage or losses or for consequential damage or losses of any kind unless these have been caused through gross negligence or intent or insofar as a person's body, life, or health or essential contractual obligations (so-called "cardinal obligations") are affected.
5. Schwingenstein foundation shall only be held liable for damage and losses arising from delay, impossibility of performance, and violation of essential contractual obligations if and insofar as the damage and losses are foreseeable and typical for this type of agreement.
6. In the case of violation of non-essential contractual obligations, Schwingenstein foundation is only liable in cases of gross negligence and intent, unless an instance of a non-limitable liability pursuant to para 4 occurred. Nothing herein shall affect liability pursuant to the German Product Liability Act (Produkthaftungsgesetz).
§ 11 Data Security
1. Schwingenstein foundation makes every reasonable effort to ensure that unauthorized parties do not receive access to the data stored on torial. The technical security system is dynamic and geared to current standards. Schwingenstein foundation has no influence over the transportation of data via the Internet or the World Wide Web. Schwingenstein foundation therefore also makes no warranty that transportation of files/documents from and to torial will take place, or that no error occurs, as the case may be.
2. The user is required to make back-up copies of his/her data stock at regular intervals or to make use of the services offered by torial in this regard.
§ 12 Other Agreements
1. If and insofar as any provision of this Agreement should be or become invalid, the remaining provisions of the Contract of Use shall be unaffected thereby.
2. The sole place of performance and exclusive venue of competent jurisdiction is Munich (Landgericht München I).
3. The laws of the Federal Republic of Germany, excluding its conflict of law principles, shall apply to all legal relations between Schwingenstein foundation and the user exclusively.
Status March 2013