This text is a translation from the German language, only. In case of doubt, the German version applies. The contractual language is German.
DaWanda Group Terms and Conditions
Terms and Conditions for the DaWanda Groups ("DaWanda Group Terms and Conditions") DaWanda GmbH, Windscheidstr. 18, 10627 Berlin ("DaWanda").
- 1. Subject of the Terms and Conditions
DaWanda has created a group function for its platform ("DaWanda Groups"). DaWanda members can create groups and use all of the associated group functions ("DaWanda Group Users").
The subject of these DaWanda Group Terms and Conditions are the rules for using the DaWanda Group features ("Group Participants"). The DaWanda Privacy Statement, Terms and Conditions, and Selling Guidelines also apply regarding the DaWanda Group scope, purpose, functions, and use of personal data.
Other user’s or third party conditions do not apply.
- 2. Group Participants
Group participation occurs when you use the group features. Only contractually capable, natural persons of legal age, who are registered DaWanda members are allowed to participate in the groups.
Group participation is free. DaWanda reserves the right, however, to introduce paid features to groups (e.g. premium services).
The user’s DaWanda profile name is the same as the user’s group member name. The user must ensure that their user registration information is always up to date and accurate.
DaWanda may impose additional conditions or require user data to be verified to use DaWanda Groups or enable individual DaWanda Group functions (e.g. group manager rights or moderator functions).
There is no entitlement to participate in a group, or to use or access: certain functions, information or individual groups. Certain conditions or processes may need to be met (e.g. member status, location), to activate or authenticate a user so that they can participate in a group or use individual groups. The respective group administrators (managers and moderators) are always free to decide, for example, who they want to include and exclude from their group.
- 3. DaWanda Group Functions
The DaWanda Groups are a communication tool and an additional feature to the DaWanda platform. The user is given access to information and content from DaWanda or other DaWanda members, and can independently create their own groups, decide on the content, communicate with other members, or establish contact.
DaWanda assumes no responsibility for the relevance, completeness, accuracy, suitability or applicability of any content, or to check or ensure the identity of registered users. DaWanda is not obliged to check content entered by users, or specific information.
DaWanda provides the DaWanda Groups with the existing functions; there is no entitlement to maintain or provide additional functions or servces. DaWanda is entitled at any time, to make changes to the content or functionality of the DaWanda Groups..
The availability of DaWanda Groups can not be guaranteed. In particular, technical or other problems that are out of DaWanda’s control may mean that the DaWanda Group feature may be inaccessible. The maintenance of the DaWanda platform may also affect accessibility. Onsite maintenance will be carried out as carefully as possible. Regular or planned maintenance is carried out during times of low usage, and generally announced ahead of time. In addition, unannounced maintenance for unforeseen problems or urgent events (e.g. power outages, attacks, etc.) may occur.
DaWanda only offers technical services for groups created by DaWanda employees. Third party content is not checked by DaWanda, this content does not reflect DaWanda's recommendations or opinions. In principle, DaWanda does not endorse or support user's content.
- 4. DaWanda Group Users
DaWanda Group users shall be considerate and respectful in their dealings with each other. This applies to the managers, moderators and all group users. The user also agrees to respect and uphold any third party intellectual property and privacy rights. The DaWanda Groups and their functions may only be used for their intended purpose.
The user will not use DaWanda Groups to upload, store, or transmit any illegal content. In particular, the following is not allowed:
Content that violates or infringes the legal rights of third parties;
False statements of fact, insults, defamation, slander, libel, abusive criticisms, statements that damage reputation or are bad for business;
Annoyance (e.g. Spam),
Advertising without DaWanda's consent;
Content that is likely to harm the legitimate interests of DaWanda, or to impair the prestige of DaWanda, or their services.
Incomprehensible content, threats, coercion, or personal attacks, provocative or aggressive statements;
Unethical, obscene, indecent or pornographic content;
Derogatory or disparaging statements about racial, ethnic or national origins, gender, physical characteristics, political opinions, religious or philosophical beliefs, trade union membership, health or sex life;
Content that impairs or endangers young people, violent content, or content that is likely to promote or glorify hatred, violence or racial discrimination;
Disclosure of personal or confidential data, images, statements or information without consent;
Content may only be used and made available to DaWanda Group users if the user does not violate the provisions in these conditions, and in particular, is absolutely certain that they are not violating any laws, political correctness, or the rights of third parties. DaWanda is not obliged to undertake additional checks to ensure that content is accurate or legal.
It is the responsibility of the user, if they think it is necessary, to back up and store their group content.
When posting content in DaWanda Groups, the user transfers all the necessary rights for the content – beyond the end of their group participation – and enables the settings and purpose of the DaWanda Group to be publicly available. If a user violates these Terms and Conditions through the content they have posted or their actions, DaWanda may take such measures as it deems appropriate (e.g. warning, suspending or deleting one or all of the groups that the user is a manager of, blocking or deleting content, restricting use (e.g. withdrawing manager or moderator roles), (temporary restrictions), suspending a user from the DaWanda Groups or from the whole DaWanda platform). Action taken can affect other DaWanda entitlements.
Group names should indicate the purpose of the group. Group names may contain protected terms or brands, if the manager owns the rights to them. Group logos may not contain company logos or trademarks of other right holders, unless the manager has permission to use them. DaWanda reserves the right to introduce special groups (e.g. Fan Groups). These will only be created once their specific purpose and policies have been established, and guidelines have been made available.
Group membership is free. Demanding a fee (e.g. for membership) for other group member services is not allowed. The Group Manager should delete users and inappropriate content with reasonable care, and in a timely manner.
Any processing of personal data by users must be carried out in compliance with the relevant laws.
- 5. Ending Group Participation
Group participation is indefinite and can be terminated by the user or DaWanda at any time and without notice. Ending group participation can be done in writing (e.g. email) or by leaving a note in „My DaWanda”. Users may terminate their group participation by withdrawing from all groups in which they are members. Ending your participation in DaWanda Groups does not affect your membership of the DaWanda platfrom. However, if you end your DaWanda membership, your DaWanda Group participation will automatically end.
Users can read more about how to end their group participation in the Frequently Asked Questions.
When a manager of a group ends their group participation, DaWanda will enable the group to continue in the interests of the other group members, or enable a new group to be created under a different name. The outgoing manager will be given the opportunity to remove their own intellectual property and know-how from the group, particularly their own logos and/or brands and content. This paragraph only applies when deleting a group with more than five members, and when the manager has included non-factual content, or content that is not in accordance with these Terms and Conditions.
- 6. Limitation of Liability
DaWanda is not liable for simple or ordinary negligence arising from, or in connection with, group participation – regardless of the reason. DaWanda is also not liable for any damages resulting from injury to life, body or health, even if there is a DaWanda guarantee or protection under the Product Liability Act.
DaWanda is not strictly liable for pre-existing errors in the field of tenancy law, or similar conditions for use of contract.
- 7. Right to make changes
DaWanda is entitled to, at any time, make changes to the DaWanda Groups and any provisions in these Terms and Conditions. DaWanda will inform users of any changes at the earliest opportunity. The user agrees to the current and future terms and conditions when they first start using the DaWanda Groups.
End of the DaWanda Group Terms and Conditions (Version 1.0)