Terms & Conditions

Terms and Conditions

A. Basic Principles

1. Introduction

1.1 The Service Provider provides an Internet-based communication and exchange platform on the topic of "International Regulatory Reform" (IRR), which can be reached, among other things, through the URL http://www.irr-network.org.

1.2 Within the platform, international experts and other interested users can network with one another and work on specific subjects.

2. Scope of the Terms and Conditions of Use

2.1 The Terms and Conditions of Use apply for all content, functions and services of the IRR Network, which are provided by the Service Provider or users of the IRR Network.

2.2 The Terms and Conditions of Use govern the relationship between the Service Provider and user, but also include provisions pertaining to the behavior of users among each other.

3. Users and Registered Users

3.1 Within the scope of these Terms and Conditions of Use, a distinction may at times be made between users and registered users.

3.2 Registered users shall include only such users who are registered with the Service Provider and have thus expressly acknowledged the validity of these Terms and Conditions of Use.

3.3 Other users of the IRR Network - those who have not registered - must expressly agree to the Terms and Conditions of Use before every download of documents; registered users may omit this step.

B. Registration and User Administration

4. Necessity of Registering

4.1 As a rule, the IRR Network is freely accessible and can also be used without registering. However, some specific content, functions and services of the IRR Network are only available to registered users.

4.2 Registration is free of any discrimination, but is at the discretion of the Service Provider. If the Service Provider denies registration, it will immediately delete the data provided as part of the registration process.

4.3 The Service Provider can also make access to specific content, functions and services dependent on additional requirements, for example participation in conferences organized by the Service Provider.

5. Registration Information

5.1 As part of the registration process, the Service Provider will ask for personal data, which will be saved and processed. Required data will be marked as such, with all other information being voluntary.

5.2 The user shall agree to provide accurate and complete information in the registration process. This shall apply to both required and voluntary information.

5.3 The information provided during registration may be used by the Service Provider in the operation of the IRR Network and for analyzing user behavior. Dissemination of the data to third parties shall only take place in accordance with the provisions of the Data Protection Act.

6. Registration Requirements

6.1 Registration relates to an individual person, which means that an account may only be used by one natural person. Group accounts for research institutes or other groupings are not permitted. Registering multiple times or using different accounts is also prohibited.

6.2 Upon completion of the registration, the user must assure that he/she is of legal age and will be the only user of the account.

7. Inclusion of the Terms and Conditions of Use

7.1 By registering, the user acknowledges these Terms and Conditions of Use. Irrespective of registration, the Service Provider can also demand that these Terms and Conditions of Use be expressly acknowledged by non-registered users in order to access specific content, functions and services.

7.2 The user agrees to the Service Provider to adhere to the Terms and Conditions of Use and not to induce third parties to violate these Terms and Conditions of Use.

8. Access Data

8.1 Following the successful completion of registration, the user will receive an automatically generated password, which the user should change immediately.

8.2 The user shall be obligated to treat the access information to the user's account (user name and password) confidentially and shall not forward this information to third parties.

9. Creating Profiles

9.1 Following the successful completion of registration, a profile of the user will be created within the IRR Network, which the user may complete using his/her access information. The profile can be further edited and adapted at any time.

9.2 The obligation to provide accurate information also extends to any other information that may be entered in relation with the user's individual profile. The user must promptly revise any information stored in the user's profile as soon as it is no longer applicable or up-to-date.

10. Deleting Profiles

10.1 The user may delete his/her profile stored within the IRR Network at any time. Upon deletion of the user's profile, the user loses his/her status as a registered user.

10.2 If the Service Provider, exercising its right to undisturbed possession, permanently excludes the user from using the IRR Network, the profile of the user will likewise be deleted.

10.3 If a user wishes to use the IRR Network again without restrictions after having deleted his/her profile, the user may have to re-register. The Service Provider reserves the right to deny any user the right to re-register if such user's profile has previously been deleted by the Service Provider.

10.4 After a user's profile has been deleted, the user's input will only be displayed without any reference to a profile. The user agrees that the input as such will not be deleted, but rather that the user's interests will be adequately taken into account by rendering the information anonymous.

C. Provision of Individual Content and its Use

11. Opportunity for Interaction by the Users

11.1 Within the scope of the IRR Network, the Service Provider grants users the opportunity to create their individual profiles, upload documents, write forum articles and create and/or revise articles in the Wiki of the IRR Network.

11.2 The following provisions shall be observed and complied with for all forms of provision of individual content, hereinafter jointly referred to as an individual's "input". If any "articles" are mentioned, however, this shall refer only to the articles in the Wiki of the IRR Network; "documents" shall mean files that are made available by users for downloading.

12. Compliance with Legal Provisions

12.1 The user shall be responsible for any input provided by the user.

12.2 When placing and processing input, it is particularly important to ensure that no external copyrights are infringed upon by such input.

12.3 Only such input originated by the registered user himself/herself or input for which there is a permission from the holder of the rights may be placed. The Service Provider expressly points out that texts licensed under GNU FDL (GNU Free Documentation License) (such as articles from Wikipedia) may not be inserted into the IRR Network if it cannot be guaranteed that the licensing provisions of the GNU FDL can be complied with.

12.4 The user shall also ensure that no rights of third parties are infringed upon by the input in general and that applicable law is not violated.

12.5 The user must make sure, including without limitation, that no input glorifying violence or input of a slanderous or pornographic nature or input that may harm other users (e.g. through viruses) is placed.

12.6 When using links in compliance with the rules for use, the user shall be responsible for the content of the linked pages, where applicable, if the user adopts them as his/her own. The Service Provider shall carry no responsibility in this case.

13. Granting Rights of Use to the Service Provider

13.1 With the placement of input and/or the implementation of changes to input, the registered user grants the Service Provider a right of use that is comprehensive, unlimited with respect to time and place, free of charge, irrevocable and freely transferable.

13.2 Within the scope of the IRR Network and elsewhere, the Service Provider shall be authorized, including without limitation, to make the input accessible to the public and/or to reproduce it. The Service Provider shall not only be authorized to publish the input outside of the IRR Network on the Internet, but also, for example - in part or in whole - in print publications and other media.

13.3 The Service Provider may analyze the input within the context of its own research activities and combine it with other input, as well as quote from the input.

14. Granting Rights of Use to Other Users

14.1 Through the placement of input and/or the implementation of changes to input, the registered user additionally grants other users of the IRR Network, as a minimum, the right to use such input for non-commercial purposes. Each user shall be granted at least a free-of-charge right of reproduction.

14.2 The registered user can also grant the other users additional rights, such as for a manner of use that includes commercial use. There must always be an option for use for non-commercial purposes, however; otherwise, the registered user shall not be permitted to provide the document for downloading by other users.

15. Use of the IRR Network

15.1 The IRR Network and its content, functions and services may only be used for non-commercial purposes.

15.2 The input within the IRR Network may not be reproduced, made publicly accessible or otherwise used without the approval of the rights owner, except in cases where legally permissible.

15.3 When downloading documents that are provided by a user, such user's supplementary copyright information must be observed where applicable. The Service Provider merely provides the technical platform for the provision of such documents, while the rights of use - as described herein above - must be acquired from the user who provided the document, or directly from the rights owner.

D. Usage Rules

16. Basic Principle

16.1 The usage rules, which are part of the Terms and Conditions of Use, further clarify the principles to be complied with when creating and processing input.

16.2 The usage rules are the Netiquette of the IRR Network; if they are not complied with, the user must understand that the user's input will be deleted and/or that the user will be excluded from further usage. Sanctions are to be expected, in particular, if the usage rules are violated intentionally and/or repeatedly.

17. Thematic Relevance

17.1 All input should have a direct or indirect reference to the subject area of the IRR Network, as defined in these Terms and Conditions of Use and within the IRR Network itself.

17.2 The articles for the Wiki of the IRR Network and the documents provided for downloading should contain relevant and valuable information. The information should be backed up with sources whenever possible.

18. Investigative Research

18.1 When composing and/or revising an article or preparing a document, it is important to remember that the respective texts should be considered reliable sources by the users. For this reason, the specified data should be handled with due care.

18.2 If information about particular individuals is provided in the input or if specific input is created about a person, this person's personal rights must be respected. In the case of individuals who are not constantly in the limelight and therefore cannot be viewed as persons of contemporary history, the person concerned should be informed in advance and asked for his/her consent.

19. Revisions to Existing Wiki Articles

19.1 All users involved in the Wiki of the IRR network must be aware of the fact that they are collaborating on a joint project that lives off the participation of a large number of individuals. The entries can be supplemented and also modified by other registered users. All registered users must tolerate such revisions being made to their articles, especially when the changes are justifiable and well-founded.

19.2 No changes can be made to articles without compelling reasons. Registered users should also refrain from immediately undoing changes to their own articles without having first investigated the reasons behind the change.

20. Uploading Documents

20.1 When uploading documents, the user must first check whether storing the file within the framework of the IRR Network violates any legal provisions or legitimate interests of any parties concerned.

20.2 If that is not the case, the user must then check whether or not the respective document is already available within the IRR network.

20.3 When creating new documents, such documents should be described in the necessary detail and provided with key words so as to make sure they will be easily found.

21. Neutrality

21.1 Within the context of the Wiki articles on the IRR Network, the principle of neutrality must be adhered to. This means that registered users should abstain from voicing their political or personal opinions.

21.2 The comment function of Wiki and the forums are the proper channels for presenting one's own opinion or for evaluating one's own or others' articles.

22. Promotional Activities

22.1 The IRR network is a non-commercial project of the Service Provider that must not be used for commercial purposes.

22.2 In light of this, every form of advertising - whether direct or indirect - is prohibited in articles and in other input.

23. Negative Impact on the IRR Network

23.1 The user is prohibited from taking steps which may result in a disruption or other negative impact on the IRR Network.

23.2 In particular, the user must refrain from doing anything that will result in an excessive burden on the IRR Network, such as high volume transmission of messages using contact forms of the IRR Network.

23.3 Users must refrain from any offences against the IRR Network, especially attempts to circumvent or overcome the protection and security mechanisms of the IRR Network. The same applies to any attempts to gain possession of external access data, such as by using brute force attacks.

E. Responsibility and Liability

24. Quality Control

24.1 The IRR network has been designed so as to cause the users to make an effort to keep the quality of the existing input as high as possible.

24.2 If a user discovers gaps in a Wiki article of the IRR network, the user should point this out and try his/her best to close the gap whenever possible. If a user discovers any errors, such errors should be corrected and the original author should be notified.

24.3 If errors in input from other users are discovered outside the Wiki of the IRR Network, the best approach is to first seek contact with the author directly and, if applicable, to start a discussion among the users and inform the Service Provider.

24.4 If a user discovers gross errors or violations of these Terms and Conditions of Use including the usage rules, the Service Provider must be informed of this.

25. Warranty

25.1 Despite the most carefully employed quality controls, it is still possible that some information in the input of individual users will be inaccurate.

25.2 In light of this, the Service Provider does not warrant the accuracy and completeness of the articles or any other input, especially when they pertain to third-party content.

26. Responsibility of the Service Provider

26.1 Because the users have the possibility to create and process input themselves, the IRR Network is considered an open project.

26.2 All input basically reflects the opinion of the respective user as the author of such input; the Service Provider does not adopt any third-party content as its own, but rather expressly distances itself from such content. The Service Provider shall accept no responsibility for third-party content.

26.3 The Service Provider shall make every effort, together with the moderators and administrators, to monitor compliance with the Terms and Conditions of Use and the legal requirements within the IRR Network. The Service Provider cannot reasonably be expected to monitor all created and revised input, either in advance or after posting.

27. Service Provider�s Right to Undisturbed Possession

27.1 The Service Provider reserves the right - also for the purpose of reducing its risk of liability - to remove input in part or in whole and/or to temporarily block or totally exclude users at any time.

27.2 Users may be excluded, including without limitation, if their input violates applicable law or if the provisions of the Terms and Conditions of Use are not complied with. A preliminary warning of exclusion is not required; the exclusion does not need to be substantiated.

27.3 Input can be removed in particular if it does not fit into the profile of the IRR Network with respect to subject matter, does not exhibit the required quality of content in the opinion of the moderators or administrators or if there is suspicion of an infringement of the advertising ban.

27.4 No user shall be entitled to claim acceptance as a registered user or to claim the publishing of specific input or to claim being granted the opportunity to publish or process input. The Service Provider may at any time deny registration or publication of input and/or may cancel input retroactively without stating the reasons.

28. Liability of the Service Provider

28.1 The Service Provider shall have unlimited liability in the event of intent and gross negligence; in all other respects, liability shall be limited and/or excluded in accordance with the following provisions.

28.2 The Service Provider shall only be liable for slight negligence if an obligation which is of particular importance for realizing the objective of the contract is infringed upon (i.e. a material duty). In this case, liability shall be limited to the contractually relevant, foreseeable damage or loss; in all other cases, liability for slight negligence shall be excluded in its entirety.

28.3 Liability for indirect and/or consequential damage or loss, in particular for damage or loss from a business interruption and/or for loss of profits, shall be excluded in its entirety.

28.4 Liability shall also be excluded if the damage or loss would not have occurred under conditions of proper data backup. In all other respects, the liability for loss of data shall be limited to the typical cost of restoration which would have occurred in the case of the regular preparation of backup copies according to the usual risks.

28.5 The limitation of liability shall not apply in the event of injury to life, or to limb or health, nor shall it apply to claims resulting from the Product Liability Act.

29. Release from Liability

29.1 The user shall indemnify the Service Provider at its first request from liability for all and any claims that other users or other third parties may assert against the Service Provider due to a violation of their rights by the input placed by a user of the IRR Network. In particular, the Service Provider may request, at its option, that the user procure for the Service Provider at user's expense the right to use the input or that the user renders the input exempt from industrial property rights.

29.2 The user shall assume all reasonable costs incurred by the Service Provider based on a violation of the rights of third parties, including without limitation reasonable legal expenses. All other claims of the Service Provider against the user shall remain unaffected.

29.3 In the event that claims of other users or other third parties are asserted against the Service Provider due to a violation of their rights, the user shall be obligated to promptly, truthfully and completely provide to the Service Provider all of the information required for an examination of and defense against such claims.

30. User�s Duty to Inform

30.1 If a user detects any infringement, the user shall inform the Service Provider accordingly; in case of doubt the Service Provider will then promptly remove the respective content. The information provided by the user must describe the input concerned and the author thereof as well as the actual legal owner as precisely as possible.

30.2 If there is suspicion of a possible infringement or a violation of these Terms and Conditions of Use, the administrators and moderators can also be informed and may then consult with the Service Provider as needed. Sending a message to the moderators shall not be considered having informed the Service Provider, since there is no guarantee that the moderators always pass this information on to the Service Provider.

31. Data Protection

31.1 As part of the registration process, personal information is collected which will not be disseminated by the Service Provider without the appropriate consent.

31.2 When creating or processing input, additional data will be stored and made publicly accessible for reasons of transparency. This pertains to the time of revision, the IP address, the user name as well as the revision as such.

31.3 Additional information on data protection can be found in the data protection declaration of the Service Provider of the IRR Network.

F. Final Provisions

32. Choice of Law and Applicable Law

32.1 The IRR Network is operated by the Service Provider at its principal office. The offering is addressed at an international audience, but whenever legally possible shall be subject to the laws of the Federal Republic of Germany. The laws of the Federal Republic of Germany shall therefore be amicably and uniformly agreed upon as the applicable law.

32.2 These Terms and Conditions of Use are available in both English and German language. In the event of any inconsistency between the English version and the German version, the English version shall prevail.

32.3 The registered office of the Service Provider shall be the place of fulfillment.

32.4 Where legally permissible, the place of jurisdiction shall be the registered office of the Service Provider.

33. Changes to the Terms and Conditions of Use

33.1 The Service Provider reserves the right to change these Terms and Conditions of Use at any time, even without providing any reasons, and in particular to adapt them to any revised actual circumstances and general legal conditions.

33.2 The Service Provider will inform the registered users about any changes to the Terms and Conditions of Use in a timely manner. If the user does not oppose the new Terms and Conditions of Use within two weeks after notification (opposition period), the revised Terms and Conditions of Use shall be considered to have been accepted by the user. The Service Provider shall point out the right to object and the meaning of the opposition period in its notification.

33.3 If the user objects to a change in the Terms and Conditions of Use, the Service Provider shall be authorized to exclude the user from further use of the IRR network and to delete the user's profile. The Service Provider will inform the user thereof in advance. The deletion, if any, will occur two weeks after notification at the earliest, unless deletion occurs earlier due to a different reason.

34. Change in the Service Level

34.1 The Service Provider shall not be obligated to provide the IRR Network for use on a permanent basis at the previous level or at all. The Service Provider shall be authorized to cease operation of the IRR Network on a permanent basis or temporarily, even without prior notice if required.

34.2 The Service Provider shall not make any type of promises or assurances with respect to the scope of the IRR Network or its availability. The Service Provider in particular reserves the right to require prior registration not only for the placement and revision of input, but also in general for access to the IRR network.

35. Severability

If individual provisions of these Terms and Conditions of Use shall be or become ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions of these Terms and Conditions of Use. A provision that most closely resembles the purpose of the ineffective or unenforceable provision shall take the place of the ineffective or unenforceable provision. The same shall apply in the event that it is subsequently determined that there is a gap in the Terms and Conditions of Use.