Askymous is an intersectoral forum and a communication platform which allows the members to exchange information in an anonymous question-answer process.
§1 Scope of application, additional regulations and modifications
(2) Commercial customers (providers) and authors of articles (authors) might have to observe additional rules which are being stipulated separately.
(3) Askymous reserves the right to change those TOU at any time.
§2 Conditions for the use
(1) You are only allowed to use Askymous if you agree with these TOU and if you are fully legally competent.
(2) In order to be able to use Askymous, you need to register through the respective process within the app indicating your first name, surname, date of birth, gender and email address. The information must be complete and truthful. Furthermore, you need to set up a password of your choice and confirm it. After having completed the registration, you can fully use the app for 48 hours. After having completed the registration and the transmission of your data, you receive a confirmation email from Askymous containing an activation link. Once you have confirmed this link, you can use the app indefinitely.
(3) There is no entitlement to the use of Askymous.
(4) As a member you waive presenting advertisement on your personal user profile.
§3 Modifications, termination and introduction of charges
(1) Askymous reserves the right to cease operating the app or to change the system at any time.
(2) Askymous also reserves the right to make the use of Askymous subject to charges after making a corresponding announcement which also provides the option of free termination.
§4 Accuracy of information and responsibility
(1) With the registration, the new user ensures that his/her information is correct and commits him-/herself to keep his/her personal data up to date.
(2) Each member takes full and sole responsibility for any actions and statements made under his/her profile.
§5 Access protection and obligation of secrecy
(1) The access to Askymous is only possible with your user information including a password.
(2) In your own interest, you are obligated to choose a personal and secure password.
(3) Solely you are responsible for the choice, knowledge and secrecy of the personal password.
(4) Any actions undertaken with your access data are assigned to you in accordance with these TOU.
(5) You are obligated to report any case of abuse of your data to Askymous, immediately.
§6 Data protection
(1) Of course, your data is being processed in compliance with legal data protection. Askymous is processing and gathering private information and other personal data only if necessary to operate the app.
(2) The details in this regard are regulated in the data privacy statement of Askymous.
§7 Askymous’s right to check, modify and delete contents
Askymous reserves the right to check the users’ contents (user-generated content) and to modify or delete them if necessary.
§8 Prohibited contents
(1) Askymous does not allow:
Images that are sexist, propagandist or glorifying violence, expression of disdain of origin, skin color, language, affiliation to a religion, denomination or political group as well as disparaging, harassing, misleading and obviously provocative behavior.
(2) Askymous reserves the right to take action against posting prohibited contents by applying an automated process (f.ex. filter), however, it is not obligated to.
(3) You commit yourself to keep Askymous from any third-party claims asserted against Askymous due to a violation of paragraph 1 attributed to you.
§9 Compliance with third-party rights
(1) You are obligated to only post contents that are free from any third-party rights.
(2) It’s in your responsibility to ensure that through your use of Askymous no copyrights (f.ex. on photos, music or software) are being violated. Thereby, you are also protecting the naming right or maintaining the copyright notice.
(3) Moreover, it’s in your responsibility to ensure that through your use of Askymous no industrial property rights are being violated, in particular through the use of well-known brands or names.
(4) You commit yourself to keep Askymous from any third-party claims asserted against Askymous due to violation of the preceding paragraphs.
(5) You commit yourself to support Askymous in pursuing legitimate legal rights that are in connection with such a violation.
§10 Granting rights of use for own contents
(1) By placing contents you grant Askymous the simple and transferable right without limitation in scope or time and free of charge to duplicate, distribute, present or make the original or modified contents accessible to the public.
(2) Askymous is entitled but not obligated to act against the violation of your rights by other members or any other third parties.
§11 Consequences of violations against those TOU
(1) In case you violate those TOU, Askymous is entitled to delete individual or all posts or parts of posts attributed to you.
(2) In case of severe or repetitive violation, Askymous can temporarily or permanently block your profile and thereby exclude you temporarily or permanently from using Askymous. Irrespective of this the user relationship can also be terminated according to § 14 of the TOU.
(3) Upon suspicion of a criminal act, Askymous also reserves the right to communicate data of the respective member to the responsible investigation authorities or the party whose rights had been violated (f.ex. profile and user information such as the IP address).
(1) You can at any time demand from Askymous to delete your profile without having to indicate any reason. Askymous will delete your profile data immediately, however, reserves the right to either delete or continue using articles written by you, especially to keep them accessible.
(2) Askymous can at any time delete your profile without announcing it or having to indicate any reasons. There are no legal obligations being justified in connection with the termination as long as it is permitted by law.
§13 Information regarding warranty
(1) Askymous cannot assume any warranty neither for the availability of the app nor for the features provided by this app (such as the communication system) or parts of it.
(2) Askymous enables the users to post information, however, does not assume any warranty for the accuracy nor the topicality of it.
(3) Furthermore, Askymous cannot assume any warranty for the freedom of third party rights in regards to articles posted by users.
(4) Paragraphs 2 and 3 apply irrespective of legal requirements which Askymous is obligated to comply with for own contents.
(1) As far as Askymous is liable, the liability is limited to gross negligence.
(2) As far as Askymous is liable, the liability is limited to foreseeable damages whose occurrence is typically to be expected.
(3) The liability for data loss is limited to the damage which would have also arisen after having performed a necessary and reasonable data backup.
(4) As far as a damage which was claimed due to incorrect articles, has not already been excluded from the liability, it will be limited to the amount the damage would have been after reasonable use of other information sources.
§15 Choice of law, place of jurisdiction, termination clause, completeness
(1) German law applies to the use of Askymous excluding the UN sales law.
(2) Askymous is entitled to modify these TOU completely or partially at any time.
(3) In case the member is an entrepreneur, Mannheim is the place of jurisdiction.
(4) In case one of the regulations of these TOU is or becomes invalid, the effectiveness of the other stipulations is not being affected. The invalid stipulation has to be replaced by a regulation which achieves the permitted economic purpose of the ineffective stipulation.