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Dear User:
Here you will find the General Terms and Conditions (“GTC” herein) of CHIP Xonio Online GmbH (“CXO” herein). Additional contact data for CXO can be found here . These GTC apply to all content and services that are offered by CXO through the top level domains www.chip.de , download.chip.eu and download.chip.asia (“offering(s)” or “website(s)” herein).
The offerings which we currently provide in the area of our Community are very diverse. Because the Internet is not an extralegal region, some rules are necessary. Our Terms of Use are structured as follows: The general provisions are found in Section I; they apply to all users, thus also to persons who use the site without registering. For a portion of our services, particularly in the Community area, you must register in advance; if you log in as a registered user, the provisions in Section II also apply to you. For certain areas, such as our Marketplace, terms and conditions listed separately in Section III apply in addition.
Special terms of use may apply to the use of special services on the websites in individual cases – to sweepstakes or shop offerings, for example. We will, however, point out special terms and conditions of this nature and obtain your consent before the services are used.
So that you are able to orient yourself quickly in our GTC, here is the precise overview:
I. General provisions
1. Scope of the Terms of Use, reservation of right to amend
These General Terms of Use apply to all content and services which are offered by CXO in the scope of the CHIP websites www.chip.de, download.chip.eu and download.chip.asia . For nonregistered users, the prevailing version of these Terms of Use when undertaking the use applies.
2. Provisioning terms
2.1 No privity of contract is established between CXO and the respective user merely through making content available for retrieval without charge and by a corresponding retrieval on the part of the user.
2.2 CXO always endeavours to ensure proper operation of the offerings, but it is not responsible for the uninterrupted availability or accessibility of the offerings. This applies in particular to technically caused delays, interruptions or outages of the offerings, the Internet or Internet access.
2.3 CXO reserves the right to modify portions of the offerings or individual or all offerings as a whole without separate announcement or to partially or finally discontinue publication. The users acquire no rights or claims therefrom.
3. Rights to content
Rights to provided website content. This website contains content that has been created by CXO as well as partners and users. All material published on the website – particularly text, photos, graphics, images, logos, sound and video clips are subject to the respectively applicable statutory protection, especially trademark, copyright and neighbouring rights and competition law. The duplication, communication to the public or other use or exploitation of protected content of this nature are as a rule not permitted without the consent of the respective holder of the rights.
3.2 Rights to the content of the user
Regarding rights to the content which users upload to the website, see the provisions in the Community guidelines under: What rights do I grant CXO to my content?
4. Third-party products and services
Unless expressly indicated, CXO does not sell or license any products or services that are evaluated or promoted on the website. In such cases, the correspondence and the contractual relationship of the users with third parties, including payment and shipment, take place exclusively between the user and the third party.
5. Liability and limitation of liability
5.1 Liability for content provided for retrieval
CXO is – to the extent it appears from the site notice of the respective offering – the service provider in terms of section 7 (1) of the German Telemedia Act (Telemediengesetz – “TMG” herein) and responsible according to the general laws for its own content that is retrievable within the scope of the respective offering. CXO assumes no warranty with respect to the results that can be realized through the use of the offerings or with respect to the accuracy and reliability of the information or uses available in the scope of the offerings.
5.2 Liability for external and linked content
CXO is not obligated under the legal provisions of sections 8 through 10 of the TMG nor is it capable of comprehensively verifying or monitoring the lawfulness of the content that is uploaded or published by users and/or to look for situations that suggest unlawful activity. The same applies when and to the extent that the offerings of CXO are linked or pointed to third-party websites. CXO does not adopt as its own the content that is uploaded or published by users or the content linked to on third-party websites. CXO does not guarantee that such content is lawful, accurate, up to date and/or complete. It is not responsible for damages that arise through or based on the use of such content. CXO subjects programmes that are offered for download on the websites to a virus scan. The use of the website, particularly the download of programmes nevertheless occurs at one’s own risk. CXO therefore assumes no liability for damage, adverse effects, loss of data or other damages through computer viruses or other adverse effects.
5.3 Knowledge of infringing external or linked content
If CXO receives indications of violations of the law or infringements through external or linked content, CXO will, to the extent it is obligated to do so, review and, if necessary, block the corresponding content. At the earliest, CXO is liable for external content in terms of sections 8 through 10 of the TMG commencing at the time it becomes aware of a concrete, clearly recognizable infringement.
5.4 General limitation of liability
For contractual and non-contractual claims, CXO is liable only for damages occasioned through wilful or grossly negligent acts. For slight negligence, CXO is only liable when CXO breaches a contractual obligation that is material for realizing the contract purpose; liability in such case is limited to foreseeable damages that were typical of the contract at the time it was entered into. The foregoing limitations of liability do not apply to injury to life, limb or health, in the scope of the product liability law and in the case of assumption of express warranties.
5.5 Additional limitation of liability for loss of data
Should a user possibly lose his own data due to a download, CXO is liable under this subparagraph 5 and only if such loss could not have been prevented by reasonable backup measures on the part of the user. The extent of CXO’s liability is limited to the cost that is commonly incurred for recovering the data.
5.6 Agents and legal representatives
The foregoing liability provisions apply accordingly to the liability of CXO for breaches of duty by its representatives, employees or agents.
6. Data protection
We take the protection of your data very seriously. CXO will not pass on the personal data we receive from you (e.g. registration) and will, in particular, not pass it on to third parties or otherwise familiarize third parties with it. The particulars for the processing of user data are in the Privacy Policy of CXO.
7. Disclosure of information
CXO is authorized to release available information from and concerning users to third parties – such as rights holders, affected parties, and governmental authorities – to the extent such is prescribed by law or, in the exercise of due discretion, necessary and legally permissible in order to satisfy legal requirements or judicial or administrative orders.
8. Applicable law, judicial venue
The place of performance is at the registered office of CXO. To the extent legally permissible, the judicial venue is the locale of the registered office of CXO. German law applies with the exclusion of international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted into German law, unless barred by compulsory international legal provisions, international conventions and, particularly, internationally compulsory consumer protection provisions.
9. Severability Clause
Should individual terms of these GTC be or become ineffective, the effectiveness of the remaining terms shall not be affected thereby. If parts of these GTC do not, do not any longer, or do not fully conform to applicable law, the content and validity of the remaining parts shall be unaffected thereby, and the invalid part shall be considered to have been replaced by a term that comes commercially closest to the spirit and purpose of the invalid part or the intentions of the parties in a legally effective manner.
II. Special terms for registered users (“Community Guidelines”)
1. What does “Community Guidelines” mean?
We welcome our registered users to the Community area of the CHIP websites www.chip.de , download.chip.eu and download.chip.asia (“CHIP Community” or “Community areas” herein). Our Community areas are, as with the entire Internet, not extralegal regions. For the Community area, the following Community Terms of Use (“Community Guidelines” herein) therefore also apply along with the General Terms and Conditions. The Community areas are places for our users to exchange opinions and experience. Here, your options include discussing content with other users, making recommendations for downloading content, writing opinions on products, and asking and answering questions about these products. You will also find questions frequently asked by users in our FAQ for the Communities areas “Forum”, “Opinion”, “Download CHIP”, “Marketplace”, “web.CHIP.de” and “Knowledge Test”. Before you can use the offerings in the Community areas, you must register. Through such registration, you agree that you will comply with the following Community Guidelines.
2. How do I register?
2.1 Registration
The user must register before using certain offerings on the website. Each user may principally register only once and set up only one user profile. No rule without an exception: For technical reasons, you must register separately for individual Community areas, even if you already have a CHIP Community user profile; we will point these cases out to you separately. Unless otherwise regulated for individual areas, only persons with full legal capacity or persons acting with the consent of their legal representative may register. Registration is not a right; it cannot be claimed through litigation, demanded or otherwise compelled.
2.2 User data, user profile, password
Each user undertakes to supply correct information in the course of his registration and to refrain from infringing any third-party rights. An infringement of this nature would exist if you were to use personal information or other third-party data, such as the third party’s name or profile picture without consent. User names that include Internet addresses or e-mail addresses are not allowed. The rules on what Community content is prohibited are also applicable to our user data. The user selects a password at registration. The user is obliged to keep his password secret; he is not permitted to disclose it to third parties. The user is solely responsible for all acts executed in his name. Registered users may change their registration information and their user profile at any time.
2.3 Suspension, new registration
For breaches of the GTC, CXO reserves the right to modify the information in the profile accordingly or to completely suspend the user. If CXO has suspended a user from participating in the Community, reregistering under a new name is not permitted. Our prior written consent is required to regain access to our offerings.
3. What tone applies in the Community (netiquette)?
In the CHIP Community, the rules of proper and respectful interaction among users apply. With all your remarks, observe the netiquette that is generally applicable to Communities and Newsgroups. Treat other Community users just as you would like to be treated. Always consider that you are dealing with humans and not virtual personae. Each person has a right to his own opinion. Therefore never attempt to force your opinion onto others. Assist new members of the Community so that they are able to quickly integrate themselves and find their way.
4. What Community content is prohibited?
No user may disregard statutory provisions, violate third-party rights or breach these GTC with content which he makes accessible to others through the website. In particular, users may not upload the following content to the Community area:
4.1 Objectionable content and content that violates third-party rights
Content that violates applicable law or in another manner includes illegal content is prohibited. Similarly, content is prohibited which is harmful, malicious, abusive, harassing, defamatory, discriminating, sexist, pornographic, extolling violence, racist or in another manner harmful to youth. Likewise prohibited is content which disseminates information concerning illegal activities, such as questions and discussion about illegal programmes, cracks, illegal downloads, emulators, and instructions for creating viruses. You may not upload content to the websites that infringes on third-party rights, particularly patents, trademark, copyright and neighbouring rights, trade secrets, personal rights, or proprietary rights. The release of third-party personal data or e-mails without the express consent of the sender is not permitted. You must specifically ensure that no personal data of your own or of other persons or data of company employees is released.
4.2 Content that is false and injurious to business
Content is prohibited which disseminates facts about a natural or legal person or entity that are false or impermissibly injurious to business. Acts that are impermissibly injurious to business include active appeals to the Community to act in a particular manner to the detriment of a company, such as through calls for boycotts. Therefore refrain from using terms like “fraud” or “crook” to describe a company or a person. When you write critically about other persons or companies in the Community always remain objective and substantiate your opinion based on facts. There must be no criticism without an objective foundation.
4.3 Promotional and other commercial content
Content that offers goods or services or other promotional or commercial purposes is not permitted. This also applies expressly to private individuals. The prohibition includes content with job openings, content with “Referrer ID” or “Affiliate ID” or so-called Ponzi or pyramid schemes. For clarification it is pointed out that the prohibition of commercial content also includes user names and uploaded pictures.
4.4 Content with viruses and deep links
Content containing viruses or other information, files or programs that are designed to or suitable for interrupting, destroying or limiting the function of software or hardware or of telecommunications devices is prohibited. Deep links that directly lead to a download or another file are prohibited.
4.5 Content with signatures
Attaching signatures to Community content is prohibited. For this, please use the respective user profile.
4.6 Spamming
Multiply created threads with the same content, contributions with mindless content or contributions that are not conducive to a discussion will be classified as spam and not permitted.
4.7 Surveys and questions for exams and projects
Surveys and questions by users on projects, dissertations, homework, voting, etc. are not permitted in the Community.
5. What do I do when I notice objectionable content?
When other users do not comply with the Community Guidelines, please politely make them aware of it and inform the moderators or administrators of the respective reporting function.
6. What rights do I grant CXO to my content?
6.1 Transfer of rights
In uploading texts, pictures, screenshots or other content (“content” herein) to the websites, you grant CXO the gratuitous right to store the content for an unlimited time, to make it available for retrieval in the context of the CHIP websites, to translate it, to offer it for storing and printing as well as to process it. Thus we reserve the right to edit your content – for example, to correct spelling errors, to obliterate objectionable contributions or to insert formatting for improved readability. We always make corresponding changes recognizable in the process. If you upload photos to the Community area, you have the option and the right to personally delete these photos from the Community area and the websites at any time. The content may also be editorially represented, highlighted and evaluated within the respective offering. Furthermore, we also reserve the right not to display content on the website or only for a limited time without giving reasons and to close or delete threads. CXO also has the right to use corresponding content in other products of the CHIP family, such as in the CHIP magazine, editorially or to allow it to be used. On the other hand, use beyond CHIP products is only permitted with your consent.
6.2 No exclusive transfer of rights
The transfer of rights specified in subparagraph 6.1 is nevertheless expressly non-exclusive. This means that, as the author of your content, you naturally remain entitled to make further use of the content you uploaded.
6.3 User’s responsibility for his content
By all means ensure that you hold or acquire the rights that are necessary to legitimately upload your content to our websites. You alone are responsible for this. As a rule, you only hold the necessary rights if you have personally created the content or have obtained the consent of the rights holder. This particularly applies to visual materials you upload. If persons are pictured on the visual materials, you must also make sure that you possess the consent of those pictured. Review your own text contributions carefully before publishing them in the Community, particularly also for information that is not intended for the public. There is no right to retroactively delete or correct such entries.
6.4 Declaration of consent to the overlay of context-sensitive advertising
By uploading content, you declare your agreement that CXO may insert context-sensitive advertising such as “intelliTXT” in the context of your content. However, you have the option to withhold this consent by marking accordingly each time you upload content you have created.
7. When does my membership end?
7.1 Termination by the user
You can terminate your membership and have your member account deleted by CXO with immediate effect at any time by e-mail. However, the content you created remains and is not deleted as well.
7.2 Termination by CXO
CXO looks forward to each active user, but it reserves the right to terminate the registration or the contractual relationship, by suspending the offering for instance, upon a four week notice without giving reasons. The right to terminate with immediate effect for cause, particularly for significant or repeated violations of the Community Guidelines, remains unaffected.
8. What happens if I violate the guidelines?
8.1 Sanctions
In case of violations of the GTC, CXO may restrict, process, or delete content and information uploaded by or ascribed to the user without giving reasons. In addition, CXO may temporarily or permanently exclude the user from use of the offerings.
8.2 Decision-making authority of CXO
The authority to decide what content or conduct breaches the GTC and how to react to it rests with CXO and its representatives. The decision of CXO or the respective moderator or administrator is binding for the user in this respect.
8.3 Liability of the user
For culpable breach of these Terms of Use, the user shall be responsible for reimbursing CXO for all loss which it directly or indirectly incurs therefrom, including pecuniary loss. In case of a violation of Community Guidelines, the user shall indemnify and hold CXO harmless from all third-party claims that are asserted against CXO, its legal representatives and/or agents based on such violation. In the event that the violation results in litigation, this expressly also includes reasonable attorney’s fees and court costs in each case. All additional rights remain reserved.
9. How can these Community Guidelines be changed?
For registered users, the current version of these Terms of Use at the time of registration applies. CXO also reserves the right to amend or supplement these Terms of Use so that they are effective with respect to registered users upon observance of a reasonable notification period. If a user does not object to the amendment within four weeks after being informed thereof by e-mail or at login the user shall be considered to be in agreement and the amended Terms of Use shall take effect with respect to him at this time. If the user seasonably objects, CXO is entitled to exercise the option to terminate the contractual relationship with the respective user upon notice.
III. Special provisions for specific areas
1. Special provisions for the Community area of “download.CHIP.eu/asia”
In the Community areas download.chip.eu and download.chip.asia (“Download.CHIP” herein), CXO offers users the opportunity to download programs without charge, to recommend one’s own content for download, to read opinions of other users on download content or write them personally. In addition, users can ask questions about all programs and personally answer questions. Along with the above general Community rules, please observe the following points in this area:
1.1 May I also recommend my own software at Download.CHIP?
Yes. Along with third-party software, you may also recommend your own software for download at Download.CHIP. In this Community area, you may therefore upload content in which you offer your own goods or services or those of others. In doing so, make sure that you only recommend programs or content created by you for download which are designated for free distribution by the originator. These are, for instance, freeware, shareware or demos. As in all areas of the Community, recommending content that violates applicable law is, of course, also not allowed at Download.CHIP.
1.2 May CXO modify my texts?
Yes. In the “Description” field of the download content, the editors expressly reserve the right to modify and supplement both the style and content of the users’ descriptive text.
2. Special provisions for the “Marketplace” Community area
As part of the “Forum” Community area, the “Marketplace” offers private users an opportunity to offer various goods or to search for or exchange them with other users. Answers to general questions in connection with the Marketplace are also found in the Marketplace FAQ. Along with the foregoing general Community rules, the following points apply to the “Marketplace”:
2.1 May I also use the Marketplace as a commercial retailer?
No! The Marketplace is open exclusively to private users. Commercial offerings, commercial postings, and making contact in the Marketplace through commercial vendors are expressly prohibited. In addition, links to other marketplace sites or auction portals such as eBay are not allowed. We ask that violations of these rules be reported.
2.2. May I also use the Marketplace as a minor?
Unfortunately not. The Marketplace is open exclusively to persons with unrestricted legal capacity, in other words, persons who are at least 18 years old. Anyone wanting to use the Marketplace must therefore provide his birth date and completely fill out his address (invisible to other users).
2.3 Who is contracted with in the Marketplace area?
All offerings and searches in the Marketplace are made by the users themselves, not CXO. No contracts come into being in the Marketplace at any time between users and CXO. A contract is exclusively transacted through direct contact between the users. CXO therefore also assumes no liability or warranty in connection with the negotiation, closing or execution of corresponding contracts.
2.4 How does a contract come into being in the Marketplace area?
A direct contact between users occurs exclusively through a Personal Message (PM). Personal information, such as address, telephone number or e-mail address, should not be disclosed in the Marketplace. The negotiations and contract closing do not take place in the Marketplace, but instead solely privately between the users. In the interest of all users, you choose appropriate item descriptions and product names for the product and describe the product in the text as factually accurately and precisely as possible.
2.5. What goods may I offer, search for or exchange in the Marketplace?
Naturally only products may be offered in the Marketplace which do not violate applicable law, third-party rights (such as in the form of pirated copies) or these GTC. Products, particularly games and movies, may not be offered or searched for in the Marketplace if they are officially released for youth age 16 and above – for instance, in Germany, USK 16 (Unterhaltungssoftware Selbstkontrolle – Entertainment Software Self Regulation) or FSK 16 (Freiwillige Selbstkontrolle Filmwirtschaft – Voluntary Self Regulation of the Movie Industry).
Version: August 2010
The offerings which we currently provide in the area of our Community are very diverse. Because the Internet is not an extralegal region, some rules are necessary. Our Terms of Use are structured as follows: The general provisions are found in Section I; they apply to all users, thus also to persons who use the site without registering. For a portion of our services, particularly in the Community area, you must register in advance; if you log in as a registered user, the provisions in Section II also apply to you. For certain areas, such as our Marketplace, terms and conditions listed separately in Section III apply in addition.
Special terms of use may apply to the use of special services on the websites in individual cases – to sweepstakes or shop offerings, for example. We will, however, point out special terms and conditions of this nature and obtain your consent before the services are used.
So that you are able to orient yourself quickly in our GTC, here is the precise overview:
I. General provisions
1. Scope of the Terms of Use, reservation of right to amend
These General Terms of Use apply to all content and services which are offered by CXO in the scope of the CHIP websites www.chip.de, download.chip.eu and download.chip.asia . For nonregistered users, the prevailing version of these Terms of Use when undertaking the use applies.
2. Provisioning terms
2.1 No privity of contract is established between CXO and the respective user merely through making content available for retrieval without charge and by a corresponding retrieval on the part of the user.
2.2 CXO always endeavours to ensure proper operation of the offerings, but it is not responsible for the uninterrupted availability or accessibility of the offerings. This applies in particular to technically caused delays, interruptions or outages of the offerings, the Internet or Internet access.
2.3 CXO reserves the right to modify portions of the offerings or individual or all offerings as a whole without separate announcement or to partially or finally discontinue publication. The users acquire no rights or claims therefrom.
3. Rights to content
Rights to provided website content. This website contains content that has been created by CXO as well as partners and users. All material published on the website – particularly text, photos, graphics, images, logos, sound and video clips are subject to the respectively applicable statutory protection, especially trademark, copyright and neighbouring rights and competition law. The duplication, communication to the public or other use or exploitation of protected content of this nature are as a rule not permitted without the consent of the respective holder of the rights.
3.2 Rights to the content of the user
Regarding rights to the content which users upload to the website, see the provisions in the Community guidelines under: What rights do I grant CXO to my content?
4. Third-party products and services
Unless expressly indicated, CXO does not sell or license any products or services that are evaluated or promoted on the website. In such cases, the correspondence and the contractual relationship of the users with third parties, including payment and shipment, take place exclusively between the user and the third party.
5. Liability and limitation of liability
5.1 Liability for content provided for retrieval
CXO is – to the extent it appears from the site notice of the respective offering – the service provider in terms of section 7 (1) of the German Telemedia Act (Telemediengesetz – “TMG” herein) and responsible according to the general laws for its own content that is retrievable within the scope of the respective offering. CXO assumes no warranty with respect to the results that can be realized through the use of the offerings or with respect to the accuracy and reliability of the information or uses available in the scope of the offerings.
5.2 Liability for external and linked content
CXO is not obligated under the legal provisions of sections 8 through 10 of the TMG nor is it capable of comprehensively verifying or monitoring the lawfulness of the content that is uploaded or published by users and/or to look for situations that suggest unlawful activity. The same applies when and to the extent that the offerings of CXO are linked or pointed to third-party websites. CXO does not adopt as its own the content that is uploaded or published by users or the content linked to on third-party websites. CXO does not guarantee that such content is lawful, accurate, up to date and/or complete. It is not responsible for damages that arise through or based on the use of such content. CXO subjects programmes that are offered for download on the websites to a virus scan. The use of the website, particularly the download of programmes nevertheless occurs at one’s own risk. CXO therefore assumes no liability for damage, adverse effects, loss of data or other damages through computer viruses or other adverse effects.
5.3 Knowledge of infringing external or linked content
If CXO receives indications of violations of the law or infringements through external or linked content, CXO will, to the extent it is obligated to do so, review and, if necessary, block the corresponding content. At the earliest, CXO is liable for external content in terms of sections 8 through 10 of the TMG commencing at the time it becomes aware of a concrete, clearly recognizable infringement.
5.4 General limitation of liability
For contractual and non-contractual claims, CXO is liable only for damages occasioned through wilful or grossly negligent acts. For slight negligence, CXO is only liable when CXO breaches a contractual obligation that is material for realizing the contract purpose; liability in such case is limited to foreseeable damages that were typical of the contract at the time it was entered into. The foregoing limitations of liability do not apply to injury to life, limb or health, in the scope of the product liability law and in the case of assumption of express warranties.
5.5 Additional limitation of liability for loss of data
Should a user possibly lose his own data due to a download, CXO is liable under this subparagraph 5 and only if such loss could not have been prevented by reasonable backup measures on the part of the user. The extent of CXO’s liability is limited to the cost that is commonly incurred for recovering the data.
5.6 Agents and legal representatives
The foregoing liability provisions apply accordingly to the liability of CXO for breaches of duty by its representatives, employees or agents.
6. Data protection
We take the protection of your data very seriously. CXO will not pass on the personal data we receive from you (e.g. registration) and will, in particular, not pass it on to third parties or otherwise familiarize third parties with it. The particulars for the processing of user data are in the Privacy Policy of CXO.
7. Disclosure of information
CXO is authorized to release available information from and concerning users to third parties – such as rights holders, affected parties, and governmental authorities – to the extent such is prescribed by law or, in the exercise of due discretion, necessary and legally permissible in order to satisfy legal requirements or judicial or administrative orders.
8. Applicable law, judicial venue
The place of performance is at the registered office of CXO. To the extent legally permissible, the judicial venue is the locale of the registered office of CXO. German law applies with the exclusion of international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted into German law, unless barred by compulsory international legal provisions, international conventions and, particularly, internationally compulsory consumer protection provisions.
9. Severability Clause
Should individual terms of these GTC be or become ineffective, the effectiveness of the remaining terms shall not be affected thereby. If parts of these GTC do not, do not any longer, or do not fully conform to applicable law, the content and validity of the remaining parts shall be unaffected thereby, and the invalid part shall be considered to have been replaced by a term that comes commercially closest to the spirit and purpose of the invalid part or the intentions of the parties in a legally effective manner.
II. Special terms for registered users (“Community Guidelines”)
1. What does “Community Guidelines” mean?
We welcome our registered users to the Community area of the CHIP websites www.chip.de , download.chip.eu and download.chip.asia (“CHIP Community” or “Community areas” herein). Our Community areas are, as with the entire Internet, not extralegal regions. For the Community area, the following Community Terms of Use (“Community Guidelines” herein) therefore also apply along with the General Terms and Conditions. The Community areas are places for our users to exchange opinions and experience. Here, your options include discussing content with other users, making recommendations for downloading content, writing opinions on products, and asking and answering questions about these products. You will also find questions frequently asked by users in our FAQ for the Communities areas “Forum”, “Opinion”, “Download CHIP”, “Marketplace”, “web.CHIP.de” and “Knowledge Test”. Before you can use the offerings in the Community areas, you must register. Through such registration, you agree that you will comply with the following Community Guidelines.
2. How do I register?
2.1 Registration
The user must register before using certain offerings on the website. Each user may principally register only once and set up only one user profile. No rule without an exception: For technical reasons, you must register separately for individual Community areas, even if you already have a CHIP Community user profile; we will point these cases out to you separately. Unless otherwise regulated for individual areas, only persons with full legal capacity or persons acting with the consent of their legal representative may register. Registration is not a right; it cannot be claimed through litigation, demanded or otherwise compelled.
2.2 User data, user profile, password
Each user undertakes to supply correct information in the course of his registration and to refrain from infringing any third-party rights. An infringement of this nature would exist if you were to use personal information or other third-party data, such as the third party’s name or profile picture without consent. User names that include Internet addresses or e-mail addresses are not allowed. The rules on what Community content is prohibited are also applicable to our user data. The user selects a password at registration. The user is obliged to keep his password secret; he is not permitted to disclose it to third parties. The user is solely responsible for all acts executed in his name. Registered users may change their registration information and their user profile at any time.
2.3 Suspension, new registration
For breaches of the GTC, CXO reserves the right to modify the information in the profile accordingly or to completely suspend the user. If CXO has suspended a user from participating in the Community, reregistering under a new name is not permitted. Our prior written consent is required to regain access to our offerings.
3. What tone applies in the Community (netiquette)?
In the CHIP Community, the rules of proper and respectful interaction among users apply. With all your remarks, observe the netiquette that is generally applicable to Communities and Newsgroups. Treat other Community users just as you would like to be treated. Always consider that you are dealing with humans and not virtual personae. Each person has a right to his own opinion. Therefore never attempt to force your opinion onto others. Assist new members of the Community so that they are able to quickly integrate themselves and find their way.
4. What Community content is prohibited?
No user may disregard statutory provisions, violate third-party rights or breach these GTC with content which he makes accessible to others through the website. In particular, users may not upload the following content to the Community area:
4.1 Objectionable content and content that violates third-party rights
Content that violates applicable law or in another manner includes illegal content is prohibited. Similarly, content is prohibited which is harmful, malicious, abusive, harassing, defamatory, discriminating, sexist, pornographic, extolling violence, racist or in another manner harmful to youth. Likewise prohibited is content which disseminates information concerning illegal activities, such as questions and discussion about illegal programmes, cracks, illegal downloads, emulators, and instructions for creating viruses. You may not upload content to the websites that infringes on third-party rights, particularly patents, trademark, copyright and neighbouring rights, trade secrets, personal rights, or proprietary rights. The release of third-party personal data or e-mails without the express consent of the sender is not permitted. You must specifically ensure that no personal data of your own or of other persons or data of company employees is released.
4.2 Content that is false and injurious to business
Content is prohibited which disseminates facts about a natural or legal person or entity that are false or impermissibly injurious to business. Acts that are impermissibly injurious to business include active appeals to the Community to act in a particular manner to the detriment of a company, such as through calls for boycotts. Therefore refrain from using terms like “fraud” or “crook” to describe a company or a person. When you write critically about other persons or companies in the Community always remain objective and substantiate your opinion based on facts. There must be no criticism without an objective foundation.
4.3 Promotional and other commercial content
Content that offers goods or services or other promotional or commercial purposes is not permitted. This also applies expressly to private individuals. The prohibition includes content with job openings, content with “Referrer ID” or “Affiliate ID” or so-called Ponzi or pyramid schemes. For clarification it is pointed out that the prohibition of commercial content also includes user names and uploaded pictures.
4.4 Content with viruses and deep links
Content containing viruses or other information, files or programs that are designed to or suitable for interrupting, destroying or limiting the function of software or hardware or of telecommunications devices is prohibited. Deep links that directly lead to a download or another file are prohibited.
4.5 Content with signatures
Attaching signatures to Community content is prohibited. For this, please use the respective user profile.
4.6 Spamming
Multiply created threads with the same content, contributions with mindless content or contributions that are not conducive to a discussion will be classified as spam and not permitted.
4.7 Surveys and questions for exams and projects
Surveys and questions by users on projects, dissertations, homework, voting, etc. are not permitted in the Community.
5. What do I do when I notice objectionable content?
When other users do not comply with the Community Guidelines, please politely make them aware of it and inform the moderators or administrators of the respective reporting function.
6. What rights do I grant CXO to my content?
6.1 Transfer of rights
In uploading texts, pictures, screenshots or other content (“content” herein) to the websites, you grant CXO the gratuitous right to store the content for an unlimited time, to make it available for retrieval in the context of the CHIP websites, to translate it, to offer it for storing and printing as well as to process it. Thus we reserve the right to edit your content – for example, to correct spelling errors, to obliterate objectionable contributions or to insert formatting for improved readability. We always make corresponding changes recognizable in the process. If you upload photos to the Community area, you have the option and the right to personally delete these photos from the Community area and the websites at any time. The content may also be editorially represented, highlighted and evaluated within the respective offering. Furthermore, we also reserve the right not to display content on the website or only for a limited time without giving reasons and to close or delete threads. CXO also has the right to use corresponding content in other products of the CHIP family, such as in the CHIP magazine, editorially or to allow it to be used. On the other hand, use beyond CHIP products is only permitted with your consent.
6.2 No exclusive transfer of rights
The transfer of rights specified in subparagraph 6.1 is nevertheless expressly non-exclusive. This means that, as the author of your content, you naturally remain entitled to make further use of the content you uploaded.
6.3 User’s responsibility for his content
By all means ensure that you hold or acquire the rights that are necessary to legitimately upload your content to our websites. You alone are responsible for this. As a rule, you only hold the necessary rights if you have personally created the content or have obtained the consent of the rights holder. This particularly applies to visual materials you upload. If persons are pictured on the visual materials, you must also make sure that you possess the consent of those pictured. Review your own text contributions carefully before publishing them in the Community, particularly also for information that is not intended for the public. There is no right to retroactively delete or correct such entries.
6.4 Declaration of consent to the overlay of context-sensitive advertising
By uploading content, you declare your agreement that CXO may insert context-sensitive advertising such as “intelliTXT” in the context of your content. However, you have the option to withhold this consent by marking accordingly each time you upload content you have created.
7. When does my membership end?
7.1 Termination by the user
You can terminate your membership and have your member account deleted by CXO with immediate effect at any time by e-mail. However, the content you created remains and is not deleted as well.
7.2 Termination by CXO
CXO looks forward to each active user, but it reserves the right to terminate the registration or the contractual relationship, by suspending the offering for instance, upon a four week notice without giving reasons. The right to terminate with immediate effect for cause, particularly for significant or repeated violations of the Community Guidelines, remains unaffected.
8. What happens if I violate the guidelines?
8.1 Sanctions
In case of violations of the GTC, CXO may restrict, process, or delete content and information uploaded by or ascribed to the user without giving reasons. In addition, CXO may temporarily or permanently exclude the user from use of the offerings.
8.2 Decision-making authority of CXO
The authority to decide what content or conduct breaches the GTC and how to react to it rests with CXO and its representatives. The decision of CXO or the respective moderator or administrator is binding for the user in this respect.
8.3 Liability of the user
For culpable breach of these Terms of Use, the user shall be responsible for reimbursing CXO for all loss which it directly or indirectly incurs therefrom, including pecuniary loss. In case of a violation of Community Guidelines, the user shall indemnify and hold CXO harmless from all third-party claims that are asserted against CXO, its legal representatives and/or agents based on such violation. In the event that the violation results in litigation, this expressly also includes reasonable attorney’s fees and court costs in each case. All additional rights remain reserved.
9. How can these Community Guidelines be changed?
For registered users, the current version of these Terms of Use at the time of registration applies. CXO also reserves the right to amend or supplement these Terms of Use so that they are effective with respect to registered users upon observance of a reasonable notification period. If a user does not object to the amendment within four weeks after being informed thereof by e-mail or at login the user shall be considered to be in agreement and the amended Terms of Use shall take effect with respect to him at this time. If the user seasonably objects, CXO is entitled to exercise the option to terminate the contractual relationship with the respective user upon notice.
III. Special provisions for specific areas
1. Special provisions for the Community area of “download.CHIP.eu/asia”
In the Community areas download.chip.eu and download.chip.asia (“Download.CHIP” herein), CXO offers users the opportunity to download programs without charge, to recommend one’s own content for download, to read opinions of other users on download content or write them personally. In addition, users can ask questions about all programs and personally answer questions. Along with the above general Community rules, please observe the following points in this area:
1.1 May I also recommend my own software at Download.CHIP?
Yes. Along with third-party software, you may also recommend your own software for download at Download.CHIP. In this Community area, you may therefore upload content in which you offer your own goods or services or those of others. In doing so, make sure that you only recommend programs or content created by you for download which are designated for free distribution by the originator. These are, for instance, freeware, shareware or demos. As in all areas of the Community, recommending content that violates applicable law is, of course, also not allowed at Download.CHIP.
1.2 May CXO modify my texts?
Yes. In the “Description” field of the download content, the editors expressly reserve the right to modify and supplement both the style and content of the users’ descriptive text.
2. Special provisions for the “Marketplace” Community area
As part of the “Forum” Community area, the “Marketplace” offers private users an opportunity to offer various goods or to search for or exchange them with other users. Answers to general questions in connection with the Marketplace are also found in the Marketplace FAQ. Along with the foregoing general Community rules, the following points apply to the “Marketplace”:
2.1 May I also use the Marketplace as a commercial retailer?
No! The Marketplace is open exclusively to private users. Commercial offerings, commercial postings, and making contact in the Marketplace through commercial vendors are expressly prohibited. In addition, links to other marketplace sites or auction portals such as eBay are not allowed. We ask that violations of these rules be reported.
2.2. May I also use the Marketplace as a minor?
Unfortunately not. The Marketplace is open exclusively to persons with unrestricted legal capacity, in other words, persons who are at least 18 years old. Anyone wanting to use the Marketplace must therefore provide his birth date and completely fill out his address (invisible to other users).
2.3 Who is contracted with in the Marketplace area?
All offerings and searches in the Marketplace are made by the users themselves, not CXO. No contracts come into being in the Marketplace at any time between users and CXO. A contract is exclusively transacted through direct contact between the users. CXO therefore also assumes no liability or warranty in connection with the negotiation, closing or execution of corresponding contracts.
2.4 How does a contract come into being in the Marketplace area?
A direct contact between users occurs exclusively through a Personal Message (PM). Personal information, such as address, telephone number or e-mail address, should not be disclosed in the Marketplace. The negotiations and contract closing do not take place in the Marketplace, but instead solely privately between the users. In the interest of all users, you choose appropriate item descriptions and product names for the product and describe the product in the text as factually accurately and precisely as possible.
2.5. What goods may I offer, search for or exchange in the Marketplace?
Naturally only products may be offered in the Marketplace which do not violate applicable law, third-party rights (such as in the form of pirated copies) or these GTC. Products, particularly games and movies, may not be offered or searched for in the Marketplace if they are officially released for youth age 16 and above – for instance, in Germany, USK 16 (Unterhaltungssoftware Selbstkontrolle – Entertainment Software Self Regulation) or FSK 16 (Freiwillige Selbstkontrolle Filmwirtschaft – Voluntary Self Regulation of the Movie Industry).
Version: August 2010