Terms and Conditions for Use of the OSRAM/ecue Forum
By registering for and posting contributions on our web portal, users acknowledge the following general terms and conditions of use as binding.
1. Subject matter of the Terms and Conditions of Participation and Use
1.1 OSRAM shall provide a platform to enable users to contact and communicate with each other at www.osram.com/forum/ecue. Users can create profiles and use services on the platform subject to their availability. More details of the services and content can be found in Section 3.
1.2 These Terms and Conditions of Participation and Use govern the provision of the services by OSRAM and the use of the platform by properly registered users.
1.3 OSRAM reserves the right to modify these Terms and Conditions of Participation and Use at any time, also with effect within existing contractual relationships. OSRAM shall notify users of such modifications before they are scheduled to come into effect. If the affected user does not object within 30 days of receiving such notification and continues using the service even after the deadline for objection ends, the modifications shall be regarded as having been effectively agreed as of when said deadline ends.
2.1 Users must first register before using the services available on the portal. By registering, users can actively participate in all forums provided by OSRAM, post their own contributions, or save personal data in their user profile. Registration and participation are free of charge. Users do not have a right to participate. OSRAM shall be authorized to reject applications for participation without the need to state a reason why.
2.2 Only users who are of age and have unlimited capacity to contract are permitted to register. In the case of a legal entity, a natural person with unlimited capacity to contract and authorization to represent the entity must register for it.
2.3 When registering, users specify a user name, their e-mail address and a password. They pledge that the e-mail address they specify when registering is their own e-mail address and not that of another person. . If users have already registered once for an OSRAM service, the data they used in doing so is shown before they register for all other services using that data.
2.4 After submitting the registration data, users receive an e-mail sent to the e-mail address they specified when registering. In order to enable a user account, users must follow the instructions and click on the activation link in said e-mail.
2.5 Users are responsible for ensuring that the portal is accessed and the services on the portal are used solely by themselves or persons authorized by them. If there is the fear that unauthorized third parties have gained or will gain knowledge of access data, OSRAM must be notified immediately. Users shall be liable in accordance with statutory regulations for any use and/or other activity carried out under their access data.
3. Services and content on the portal
3.1 OSRAM will make various information and other services available for use on the portal. Such services may be, for example, the provision of data, contributions, audio and visual documents, information and other content, as well as the possibility of contacting other users by means of personal messages.
3.2 OSRAM also offers users a marketplace where they can offer goods and services of any nature and publish other content, provided that offering/acquiring the goods and services or publication of the content does not infringe statutory regulations or these Terms and Conditions of Use.
3.3 Even though OSRAM enables registered users to conduct transactions on the platform in accordance with Section 3.2, OSRAM is neither the purchaser nor the seller of these articles from users and/or third parties. The contract formed when the articles are sold is therefore concluded solely between the purchaser and the seller. OSRAM is not the contractual partner and so does not assume any responsibility for the contract in question. OSRAM is also not the representative of the seller. The seller is responsible for selling the products, any complaint from the purchaser, and all other matters arising as a result of the contract between the purchaser and seller.
3.4 The same applies to the content users post in the forums. OSRAM does not warrant that such contributions are correct, complete and up-to-date.
3.5 OSRAM shall be authorized at any time to modify services provided free of charge on the portal, to provide new services free of charge or for a charge, and to stop providing services that are free of charge.
3.6 Registration does not establish a right to use the services. OSRAM is free to discontinue or modify existing services in full or in part.
4. Contributions to forums, user conduct (netiquette) and responsibility for content
4.1 Only contributions/images that originate from the user and/or to which the user has the sole right of use and dissemination are allowed to be published. The publication or dissemination of text and visual materials protected by copyright (including profile photos) is prohibited. In this respect, users shall ensure that they do not post unlawful text or visual content, in particular content that infringes statutory regulations relating to rights of privacy, copyrights or other third-party proprietary rights or provisions relating to the protection of young persons, incite violence or extol child abuse in any area of the forums or disseminate such content to other forum users by means of the e-mail function provided in the discussion forums, either in text or visual form. The same applies to content that is indecent, inflammatory, defamatory, discriminatory, racist, glorifies violence or may in any other way be punishable under penal law. (Profile) photos with a pornographic content or indecent (naked) motifs are likewise not permitted.
4.2 Contributions that attack or insult someone personally in any way – even in a subtle manner – or are unacceptable in their choice of words can be deleted by OSRAM at any time. When using the platform, users must ensure that their contributions are aimed at persons who are interested in the subject and seeking advice. Posting of advertising, junk or spam mails or chain letters in all areas of the discussion forums and the dissemination of advertising, junk or spam mails or chain letters by means of the e-mail function provided in the forums are not permitted. OSRAM explicitly points out that content that may be punishable under penal law will be reported to the responsible authorities.
4.3 Users themselves bear sole responsibility for the contributions they publish in a forum. OSRAM rejects responsibility for content that is posted by other users, notwithstanding Section 4 of these Terms and Conditions of Use. If a third party nevertheless asserts claims against OSRAM due to publication of users’ contributions, the author of the contribution shall be obliged to indemnify OSRAM against all claims.
4.4 The contributions will not be checked in detail before they are published. However, new contributions can be checked regularly by OSRAM’s forum support staff to a reasonable extent. OSRAM reserves the right to edit, abridge or completely remove the content of forum contributions at any time and without prior notice if they are not objective, do not comply with these Terms and Conditions of Use, or may damage the reputation of OSRAM and/or the offered services.
4.5 The contributions made by OSRAM’s forum support staff are created to the best of their knowledge and belief. Nevertheless, OSRAM rejects any liability, of whatever nature, for such information and does not warrant that it is correct, up-to-date or complete. The contributions are intended solely as information to provide general, non-binding support for users seeking advice and in no case constitute personal advice, an examination or diagnosis.
5. Rights of use
5.1 By posting their contributions in a forum, users grant OSRAM an unrestricted, assignable right to use the contribution in question, entitling OSRAM to use it in any way, in particular to keep the contribution permanently in the forum in question and on its sites and also on the websites of its cooperation partners or to use it for otherwise marketing the forum, and to otherwise reproduce or use the contributions in the forums and their content in all media, especially in electronic or printed publications.
5.2 OSRAM thus has the right to use all contributions to the discussion forums operated by it. Any reproduction or use of the contributions or their content in other electronic or printed publications is not permitted without OSRAM’s explicit written consent. Any copying, downloading, dissemination, distribution, selling or storage of content of OSRAM or third parties, with the exception of caching as part of a visit to the forum sites, shall not be permitted without the explicit consent of OSRAM or the third party in question.
6. Limitation of liability
6.1 The user shall indemnify OSRAM against all claims asserted by other users or other third parties against OSRAM due to the infringement of their rights by articles and other content posted by the user by means of the platform and due to the user’s other use of the services. The user shall pay for OSRAM’s necessary legal defense costs, including all court and attorney’s fees. This shall not apply if the user is not to blame for the infringement. If claims are asserted by third parties against OSRAM, the user shall be obliged to provide OSRAM, fully and truthfully, with all information required to examine the claims and defend against them.
6.2 If the user suffers damage as a result of using services provided on the portal, OSRAM shall be liable only if such damage is incurred through use of the content and/or services in compliance with the contract and only if OSRAM has acted with willful intent or gross negligence.
7. Data privacy
The personal data resulting from registration and use of the provided services shall be collected, stored and processed by OSRAM only where necessary to provide the services and permitted by statutory regulations or instructed by the law. In addition to the data stated in Section 2.3, the following data will also be collected: chat thread, specified name, IP address at the time of the chat and country of origin. This data shall not be disclosed to third parties.
8.1 Unless explicitly stated otherwise in these Terms and Conditions of Participation and Use, all declarations provided as part of participation in the portal must be given in writing or by e-mail. OSRAM’s e-mail address is XY. Its postal address is XY. OSRAM reserves the right to change the contact data. OSRAM will notify users of any such change.
8.2 If a provision of these Terms and Conditions of Participation and Use is or becomes invalid, this shall not affect the other provisions. The invalid provision shall be replaced by a valid provision that corresponds as closely as possible to what the Parties intended from the economic perspective.
8.3 These Terms and Conditions of Participation and Use shall be subject to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.4 Any disputes arising from these Terms and Conditions of Participation and Use shall be settled solely before a court of law at the place of OSRAM’s registered offices, if such an arrangement on the place of jurisdiction is permissible.