CrossClouds Community

General terms and conditions

General conditions of use

The CrossClouds Internet community (hereinafter referred to as community) is an online offer from gretler intermedia GmbH.

Data protection gretler intermedia GmbH (hereinafter referred to as operator) offers its registered users (hereinafter referred to as users) the opportunity to publish their own texts, pictures, videos and other content.  The users introduce themselves to the community through the user profile and other content.

Users can independently publish their user profile and content.  Users are solely responsible for the content provided in the community.  Each User undertakes not to use the Community Services to post content that is intentionally untrue, defamatory or otherwise punishable or violates the rights of third parties.  Non-juvenile or pornographic content may only be published in the 18+ areas that are not accessible to underage users.  In addition, the usual methods and rules of conduct on the Internet must be observed.

Please note that the publication of participant content and opinions in the community does not constitute an expression of opinion of gretler intermedia GmbH and its partners.

 

Art. 1 – Scope and registration
The present General Terms and Conditions of Use of 01.07.23 apply to anyone who wishes to make use of the services contained on the Internet platform, even if the website is accessed outside the Swiss Confederation.  Registration is required to use all services.  Please read the General Terms and Conditions carefully before registering.  You can also print out the terms and conditions in advance or download them as a PDF.  By signing up to the community, you accept these terms of use without restriction.

Art. 2 – Contractual partnership
Although gretler intermedia GmbH is considered to be the operator of the Internet community or platform, it does not itself become a contractual partner.  For example, gretler intermedia GmbH in the shop area – unless otherwise stated – is only an intermediary, but not a contractual partner, in particular not the seller of the offered goods.

Art. 3 – Eligibility to participate
Every user who wants to use the services of gretler intermedia GmbH must register before participating.  In doing so, he must submit the data requested in the registration form, which he must then keep up to date for the duration of his registration.
The completed registration will be confirmed to the user by e-mail.  gretler intermedia GmbH expressly states that there is no legal right to registration.  The operator is entitled to refuse registration without giving reasons.

Art. 4 – Password and obligations
Upon registration, each user receives an individual password.  Access to the services in the community is only possible with this password.  The user must not disclose the password to third parties and must store it carefully in order to exclude misuse by third parties.

 In case of loss of the password or in case of suspicion that a third party has become aware of the password, the user is obliged to immediately inform the administrators of the community in writing by fax or electronic mail (e-mail) and to change the password.  As long as this has not been done and the user has not provided proof that a third party has used his access to the community instead of him, all statements made there will be attributed to the user.  The user is liable for any misuse by third parties, unless he proves that he is not at fault.

Art. 5 – Cancellation of registration
Any user can delete his registration at any time.  With the cancellation of the registration, the eligibility to participate ceases.  gretler intermedia GmbH is entitled to delete an existing registration without giving reasons, and will do so in particular if the user has provided incorrect information during the registration or violates the terms of use.  Gretler intermedia GmbH shall notify the respective user of the cancellation of the registration in writing, by fax or by electronic mail (e-mail).  In the event of cancellation of the registration, there are no claims against gretler intermedia GmbH, in particular not to delete user contributions in the community or on the platform.

Art. 6 – Responsibility of the user
The user is solely responsible for his/her own contributions (e.g. videos, texts, images, music, sounds, illustrations, other data, etc.) that he/she provides for the community and the service of gretler intermedia GmbH.

The User undertakes to ensure that his own contributions to the Community, and if they contain references to other sites, the contents of these sites, do not violate applicable law, legal or administrative prohibitions, good morals and the present Terms of Use.

In particular, the User may not post or cause to be posted with the help of the Community any content or contributions that infringe the rights of third parties (in particular name rights, personality rights, trademark rights, copyrights, ancillary rights, etc.), which is illegal, unsuitable for minors, or which may be considered to contain viruses, circumvention devices or unsolicited mass mailings (so-called “spam”) that encourage participation in chain letter, pyramid schemes and free stock promotions, or the commercial or other commercial Pur Pur Pur Pur Pur Pur Pur Pur Pur Pur  Users may only publish non-juvenile or pornographic content in the 18+ areas that are not accessible to underage users.

In particular, users must observe existing copyrights and protective rights of third parties and criminal law provisions.  Users are obligated, among other things, not to disseminate any offensive, defamatory, insulting, threatening, inflammatory, obscene or racist statements.

Art. 7 – Accuracy and completeness
Neither gretler intermedia GmbH nor the user are liable for the correctness, quality, completeness, reliability, nature and quality of the provided contributions.  In particular, the retrieval of content does not provide advice or information.

The publication of user content and opinions in the community does not constitute an expression of opinion of gretler intermedia GmbH.

Art. 8 – Rules for the suspension of contributions
The posting of the following content is not permitted: Discriminatory, pornographic, politically/religiously radical, glorifying violence, insulting or in any way injuring other people or endangering minors (FSK 18).

The posts provided or posted in the community by the users are external contents for which gretler intermedia GmbH is not responsible. The user is obliged not to provide or publish any contributions that violate the aforementioned regulations (responsibility of the user).

In addition to the posting of inadmissible posts, the following are not permitted:

§ 8.1 Keeping more than one user access in community, even if a user should have different e-mail addresses
§ 8.2 Use machines, algorithms or other automatic functions to generate page views or content
§ 8.3 The indication of a non-existent e-mail address or an e-mail address belonging to a third party.

The posting of content or contributions by the user on behalf of third parties without their express prior consent is prohibited. In particular, no personal data, telephone numbers or addresses may be published without the prior consent of the person concerned.

Art 9 – Content control and deletion
gretler intermedia GmbH is not obliged to check third-party contributions for their legal admissibility and for a possible infringement of third-party rights or other legal provisions.

However, if gretler intermedia GmbH becomes aware of inadmissible content or possible legal violations, it is entitled to delete the contribution in whole or in part without prior notification to the user or to block the availability of the contribution. The same applies to violations of the provisions of these Terms of Use. In this case, the participant has no claims against gretler intermedia GmbH.

Art. 10 – Exemption from liability
The user indemnifies gretler intermedia GmbH from all claims of third parties and the costs of legal proceedings related thereto, which are levied against gretler intermedia GmbH as a result of a contribution posted by the user in the community.

Art. 11 – External links and viruses
gretler intermedia GmbH points out that it has no influence on the content of external links; their operators are solely responsible for this. gretler intermedia GmbH expressly distances itself from all contents of external links and assumes no liability for their contents.

The user is responsible for ensuring that the files transmitted by him are free of viruses. gretler intermedia GmbH reserves the right to assert claims for damages against the user due to virus-related damage.

Art. 12 – Guarantee
According to the current state of the art, it is not possible to exclude all uncertainties in connection with the medium of the Internet. For this reason, gretler intermedia GmbH cannot assume any liability for technical defects, in particular for the permanent and uninterrupted availability of the database and its contents or for the complete and error-free reproduction of the contributions provided by the user.

The services in the community are offered by gretler intermedia GmbH free of charge and without any legal obligation to maintain the operation. gretler intermedia GmbH reserves the right to discontinue the community in whole or in part at any time without prior notice or to make it chargeable. gretler intermedia GmbH does not guarantee the availability of the system, including the associated services.

Art. 13 – Liability
gretler intermedia GmbH assumes no liability for the topicality, correctness, completeness or quality of the information provided.

Liability claims against gretler intermedia GmbH, which relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded in principle, unless there is demonstrable intent or gross negligence on the part of gretler intermedia GmbH.

Insofar as any liability of gretler intermedia GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of gretler intermedia GmbH.

Liability under the Product Liability Act remains unaffected. Likewise, the liability for damages resulting from injury to life, body and health within the scope of the statutory provisions remains unaffected.

All offers are subject to change and without obligation. gretler intermedia GmbH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue publication temporarily or permanently.

Article 14 – Compensation for damages
Claims for damages against gretler intermedia GmbH are excluded, regardless of the legal basis, unless gretler intermedia GmbH, a representative or vicarious agent acted intentionally or with gross negligence.

To the extent that gretler intermedia GmbH is fundamentally liable, the claim for damages is limited to the foreseeable, typically occurring damage.

This limitation of damages does not apply if the event causing the damage was caused by gross negligence or intent by a legal representative or vicarious agent of gretler intermedia GmbH.

Art. 15 – Copyrights
The copyright for copyrightable contributions posted (e.g. texts, images, illustrations, other data) by users remains with the respective author.

By posting his contribution (e.g. texts, images, illustrations, videos and other data), the user gives gretler intermedia GmbH the right to present the contribution on the community pages for an unlimited period of time, to distribute it, to make it available for access by third parties or to To use advertising of all kinds for offers from gretler intermedia GmbH in any way and in all media. The user guarantees that he is fully entitled to grant this right.

Various media are connected to the community. Extensions for other products and media from gretler intermedia GmbH may be added. These extensions will access the database or contributions and profiles of the previous community. The user expressly authorizes gretler intermedia GmbH to use and publish posted contributions (e.g. texts, images, illustrations, videos and other data) in all products of gretler intermedia GmbH (e.g. in the print and online sectors) without restriction. With the uploading of texts, images, illustrations, videos and other data onto the servers of gretler intermedia GmbH, a legally binding contract regarding the assignment of the rights of use between the user and gretler intermedia GmbH is concluded. A revocation of the contractually assigned usage rights is no longer possible after the upload or setting. If you do not agree to the assignment of the unrestricted usage rights for texts, images, illustrations, videos and other data to gretler intermedia GmbH, you must refrain from uploading or posting the corresponding contributions.

Art. 16 – Rights of use
gretler intermedia GmbH is entitled to the usage rights to all content on the website. Any use outside the narrow limits of copyright law requires the prior written consent of gretler intermedia GmbH. This applies in particular to reproductions, editing as well as storage and processing in electronic systems. In particular, reproductions for commercial advertising, use or exploitation require the prior written consent of gretler intermedia GmbH. Only making a copy of the content of the contributions is permitted exclusively for personal, non-commercial use, provided that the origin remains clearly identifiable (e.g. by citing the source).

Art. 17 – Data collection and data protection
By registering on the internet platform, the user agrees to the following data protection conditions. If you do not agree to the data protection conditions, you will unfortunately have to refrain from registering.

The user expressly agrees to the electronic data processing of his data and contributions. The user has the right to revoke his consent at any time with future effect. The revocation must be made in writing by fax or electronic mail (e-mail) to gretler intermedia GmbH.

gretler intermedia GmbH strictly adheres to the legal provisions on data protection when operating the community.

gretler intermedia GmbH protects users’ personal data that has not been approved for publication by the user from unauthorized access, use and disclosure to the extent technically feasible. For this purpose, it keeps appropriate security technologies and procedures for the data security of its users up to date. However, gretler intermedia GmbH would like to point out that despite the data protection measures, no guarantee can be given for the security of the data. No liability can be accepted for damages resulting from the use of the system.

The data provided by the user (such as email address, last name, first name, address, telephone number, etc.) and statistical data about the use of the individual websites are used by gretler intermedia GmbH to design the website according to needs.

Users are expressly advised that personally identifiable data that users pass on directly in the community or other public communication programs of gretler intermedia GmbH may possibly be collected and used by other people. gretler intermedia GmbH recommends reading the data protection regulations of websites that you can reach via community links so that the user understands how these websites collect, use and pass on your data. gretler intermedia GmbH is not responsible for the content and data protection guarantees of websites outside the community.

 

Art 18 – Use of personal data
gretler intermedia GmbH uses the data provided by users or resulting from use to operate the community.

gretler intermedia GmbH does not pass on the personal data of its users to third parties without their consent (last name, first name, address, age, email address, telephone, etc.). Personal data will only be passed on to investigating state authorities (e.g. police, public prosecutor’s office) if a user has violated applicable law, statutory or official prohibitions or against common decency and this violation is the subject of a procedure and the release of the data is accordingly required by to be ordered by the relevant state authorities.

gretler intermedia GmbH does not sell or rent the personal data of its users to third parties.

 

Art 19 – Use of cookies
The gretler intermedia GmbH websites use cookies to simplify your use and to offer additional functions.

A cookie is a text file that is copied to your hard drive by a web server. Cookies cannot run programs or bring viruses to your computer. The main purpose of cookies is to help you navigate through the website and to simplify entries. The purpose of a cookie is, among other things, to tell a web server that you are returning to a specific page that you have previously visited. If necessary, previously saved settings can be recalled so that you can more easily use the community websites you have customized. You can accept or reject cookies. The majority of web browsers automatically accept cookies. You can also adjust your browser settings for cookies according to your needs. However, if you reject cookies, you may not be able to fully experience all of the interactive features of the Community Services or Community Websites.

Art 20 – Control of personal data
You can change your consent to contact by gretler intermedia GmbH or the delivery of newsletters at any time via your user profile.

To do this, log in to the respective community website and then click on “Change profile”. On the following page you can change your user data and set additional services such as newsletters. To delete your access, please send us a message by fax or electronic mail (e-mail).

 

Art. 21 – Change in the rules for data collection and data protection
gretler intermedia GmbH will update the regulations on data collection and data protection if necessary. gretler intermedia GmbH recommends that you check this document regularly so that you are up-to-date about the data collection and protection of your data by gretler intermedia GmbH.

 

Art. 22 – Participation in the Internet community
gretler intermedia GmbH gives individual users the opportunity to work on community projects on a voluntary basis. These activities are free of charge. Rights as a result of a community activity cannot be derived for the participating users. gretler intermedia GmbH is entitled to terminate the collaboration in whole or in part without prior notification. The cooperating users undertake not to pass on any personal data (last name, first name, address, age, email address, telephone, etc.) of other users to third parties without their consent. The collaborating users assign all usage rights to programmed applications, graphical representations, etc. upon uploading or installing them on a gretler intermedia GmbH server. With the upload, a legally valid transfer agreement has been concluded in favor of gretler intermedia GmbH. gretler intermedia GmbH is authorized to further transfer, sublicense, assign, etc. A revocation of the assigned usage rights is no longer possible after the upload or installation.


Art 23 – Place of jurisdiction and legal validity
It is agreed that the law of the Swiss Confederation applies unless otherwise expressly agreed. The place of jurisdiction for legal disputes is Arlesheim, Canton Basel-Landschaft.
If parts or individual formulations of the General Terms of Use here no longer or do not completely correspond to the applicable legal situation, the remaining parts remain unaffected in their content and validity. The invalid provision will be replaced by an appropriate regulation in accordance with the meaning and purpose of the General Terms of Use.

 

Art. 24 – Changes to the conditions of participation
gretler intermedia GmbH is entitled to unilaterally change these general terms and conditions of use. If this happens, the change will be announced in the community or users will be informed accordingly via their email address.

The original terms of use apply to legal actions taken before the change.

If the user does not object in writing by fax or electronic mail (e-mail) within 8 days, the changed terms of use apply.
If the user objects to the change to the terms of use, gretler intermedia GmbH is entitled to terminate the user relationship and delete the registration.