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Thursday, Feb 25, 2021

Terms and Conditions of Use

Thank you for choosing Forum.eu! Please read through the entire Agreement carefully as it sets out the terms of a legally binding agreement between you and Forum CTEP GmbH.

These terms and conditions were published on May 22nd, 2020.

  1. INTRODUCTION
  2. ABOUT THE SERVICE
    1. The Service
    2. Access and Use
    3. Privacy Policy and Registration
    4. Age
    5. Promotional offers
  3. INTELLECTUAL PROPERTY RIGHTS
  4. USER GENERATED CONTENT
  5. PRICE AND PAYMENT FOR SUBSCRIPTION
    1. Trial Period
    2. Renewal of Subscriptions
    3. No right of withdrawal
  6. TERMINATION AND SUSPENSION FROM THE SERVICE
  7. AMENDMENTS TO THE SERVICE, PRICE AND AGREEMENT
  8. TERMS FOR THE APPLICATIONS
    1. Android Application
    2. iOS Application
  9. FEEDBACK
  10. SCOPE OF SERVICES
  11. LIMITATION OF LIABILITY
  12. LINKS AND RESOURCES
  13. CHOICE OF LAW AND JURISDICTION
  14. TRANSFER OR ASSIGNMENT
  15. HOW TO CONTACT US
  16. CHANGES TO TERMS AND CONDITIONS

1. INTRODUCTION

The Terms and Conditions of Use apply between you and Forum CTEP GmbH (Registration Number 205449, at Amtsgericht Charlottenburg, Berlin, Germany), a company organized under the laws of Germany (hereinafter referred to as "Forum.eu", “Forum”, “We”, “Us”, “Our”, “The Company” ) when using the Website, Application and/or Service. This agreement applies to users who are consumers and use the Service for non-commercial use for a monthly or annual subscription period (“Subscription Period”).

2. ABOUT THE SERVICE

2.1. The Service

Forum.eu provides a platform for European debates and translated articles sourced from partner publishers. The choice of articles seeks to mirror the diversity of opinions, it does not represent the opinions of Forum.eu’s editorial staff or employees. The platform offers social and interactive features and additional content such as a daily and weekly newsletter, as well as other products and services that may be developed over time (the "Service"). The publishers and authors retain all copyright.

The Service is made available via Forum.eu’s website https://www.forum.eu (the "Website") and Forum.eu’s application for mobile devices (the "Application"), which can be downloaded from app stores. A mobile version of the Website can also be accessed on mobile devices.

The Terms of Conditions of Use (the "Agreement") apply irrespective of the delivery platform, application or device you use to access the service and regardless of whether you have purchased the Service or it has been made available to you free of charge (e.g. in the form of promotional offers).

2.2. Access and Use

To get access to the Service you must accept and agree to the entire Agreement and create a user account by registering certain personal data (including but not limited to name and email address etc.) and choose a personal password ( "User Account"). Please see our Privacy Policy for more details. By registering a User Account you acknowledge and agree to the terms of the Agreement.

You will get access to the Service by downloading the Application to a smartphone, tablet or computer ( "Mobile Device") or by accessing it through the Website; registering a User Account and agreeing to the Agreement including the Privacy Policy for the Service (as defined below) and Forum’s Cookie Policy, and logging on to your user account via the Application or the Website.

You are responsible for submitting complete, true, and correct information and for making sure such information is kept up to date. Forum.eu does not have any obligation to make any inquiries to assess the accuracy of the information provided. Username and password shall be stored securely. You are responsible for all use of the Service that occurs under your username and password. If your username or password is lost or stolen or if you have any reason to believe that there has been unauthorized access to your User Account, please notify Forum.eu (via [email protected]) immediately and change your password as soon as possible.

You can access the Content by logging on to the Application (or if applicable on the Website) on your User Account. The number of devices that you can use your User Account on are shown when you register your user account and, at any time, in the "Manage Subscription" section in your account settings. If you wish to opt for a Subscription you might be required to register your current payment information.

You can log on to the Application or Website with your username and your password or through "Facebook Connect", "Google Sign-In", “Log In with Twitter”, “Log In with Apple” and such other login authentication mechanisms as shown on the Website and in the application.

2.3. Privacy Policy and Registration

All information received by us from your use of Forum.eu will be used by Forum.eu in accordance with our Privacy policy. Please read this for details on how we may process your personal data.

2.4. Age

In order to use the Service, you must be at least 18 years old or older (or have your parent or guardian's consent) and have a computer with an internet connection and/or a smartphone/tablet. In order to be eligible for an offer in accordance with a certain campaign, you need to fulfil the requirements for such a campaign.

2.5. Promotional offers

From time to time Forum might offer access to all or some parts of the Content free of charge for a limited time period. This allows you to access all or some parts of the Content during the period stated, provided that you agree to the applicable terms and conditions.

3. INTELLECTUAL PROPERTY RIGHTS

The content of the Service, including but not limited to text, graphics, logos, button icons, images, document, as well as the arrangement and compilations of these, all software used in the Service, and the Content, are the sole property of Forum.eu, Forum’s publishing partners, licensors or suppliers (the "Intellectual Property"). The Intellectual Property is or may be protected by applicable international laws, including, without limitation, copyright and other laws and agreements that protect intellectual property and proprietary rights. You agree to comply with all such applicable laws and agreements, and not to alter, obscure or remove the notices regarding copyright or ownership rights in such Intellectual Property.

Forum.eu and its slogan, “Create the European public”, are trademarks of Forum CTEP GmbH in the EU. Other trademarks, names and logos on this Website, Service, and Application are the property of their respective owners. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material is strictly prohibited without the express written consent of the copyright owner or licensor.

The software which is included in the Service and Application is licensed, and not sold, to you.

By signing up for the Service you are given a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable right, which is limited in time, to use the software. Forum.eu retains ownership of all copies of the software, even after the software has been installed on your Mobile Device. Forum.eu has the right to assign this license or any part thereof to any third party without restrictions. Any third party software included in the Service is licensed to you either under contract or in accordance with the respective third-party license for such software. The terms of use for such third-party software are published on the Website.

You may only use the Content for personal use in accordance with the applicable laws. Further statutory rights of reproduction (copies) under the mandatory copyright law remain unaffected. Unless otherwise stipulated in mandatory copyright law you do not have the right to change or amend the work that constitutes the Content, rent or lease, sell, sublicense or in any other way distribute the Content or created copies of the Content. Forum.eu's status (and that of any identified contributors such as our Publishing Partners) as the authors of the Content on the Website and/or Application must always be acknowledged.

4. USER GENERATED CONTENT

Forum.eu is a debating platform and includes comments and debating sections as well as other features to allow interaction between users. These comment sections are automatically translated between supported languages. We call the information and comments posted on the articles and/ or other sections of the website by users “User Generated Content”.

If you wish to access and/or participate in these debates you must comply with our specific rules and regulations. We recommend that you read our Community Guidelines, which provide further guidance in relation to commenting and debating on Forum.eu. The Community Guidelines also explain under which conditions Forum.eu can ban users from the Service.

Forum.eu does not fully monitor all User Generated Content published on Forum.eu but where we have actually received notice of any User Generated Content that is misleading, offensive, unlawful, infringes third party rights or is potentially in breach of this Agreement or the Community Guidelines, then we will review that User Generated Content and decide whether to remove it.

5. PRICE AND PAYMENT FOR SUBSCRIPTION

Forum.eu offers ongoing subscriptions to access the full content against advance payment of a fixed fee monthly or yearly depending on the conditions of your selected subscription (“Subscription”).

The price for each Subscription is published on the Website (the "Fee"). All prices include value-added tax (“VAT”) where applicable. By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country. The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your subscription.

You are required to register current and valid payment information in accordance with any of the payment methods which are offered from time to time and which correspond to the country chosen by you when creating your User Account. This means that when a credit or debit card is needed, you need a credit or debit card issued in the same country that you are resident in or provide other information required for the payment method in question.

When you create your Subscription you will be asked to provide payment information in accordance with the instructions on the Website or the Application. Payment shall be made through the payment methods offered by Forum.eu.

The liability to pay arises after the end of Forum.eu’s free trial period, provided Forum.eu has not received a message that you wish to terminate your Subscription before. The Fee is thereafter charged monthly/annually in advance, on the same calendar day of you subscribing to the Service (the "Subscription Period") up until you end the Subscription. In the event the Fee cannot be charged on the same calendar day a certain month, e.g. if such day should not occur on a business day (except for public holidays) the Fee will be charged on the next business day.

In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. If you are paying by debit or credit card you are obligated to ensure that the balance, before each new Subscription Period, covers the Fee. If your account cannot be charged, Forum.eu will send you a message thereof and try to charge your account again. As regarding payment with a debit or credit card, new attempts can be made each day during a period of up to ten (10) days. You will automatically cease to have access to the Content if the Fee has not been paid after the first failed attempt.

You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing Forum.eu or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

5.1. Trial Period

Where we provide a trial subscription, we will inform you upfront of the full subscription price that is payable after the trial period. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial please go to “Your Account” and follow the simple cancellation instructions.

5.2. Renewal of Subscriptions

Forum.eu will automatically renew your Subscription at the end of each Subscription period (the "Renewal Date") and, as authorized by you during the sign-up process, Forum.eu will charge your account with the selected payment method with the applicable fee and any sales or similar taxes that may be imposed on your fee (unless you cancel prior to the Renewal Date).

Each subscription renewal period is typically for one (1) month. if you sign up for a subscription that includes a free-trial period, unless you have cancelled your subscription prior to the expiration of the free-trial period, as authorized by you during the subscription sign-up process, Forum.eu will automatically charge you for the first Subscription fee upon the expiration of the free-trial period and each subsequent Subscription period fee for each renewal date thereafter until you cancel.

5.3. No right of withdrawal

By creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service via User Account. This means that you rescind your right of withdrawal from the Agreement as the Service is delivered to you immediately. You agree and approve that you do not have any right of withdrawal except as provided for in accordance with section termination and suspension from the service.

6. TERMINATION AND SUSPENSION FROM THE SERVICE

You have the right, at any time, to terminate your Subscription via the "Manage Subscription" section in your account settings. If you cancel your subscription, you will have access to the Service until the end of the Subscription Period that you have paid for. After the end of the current Subscription Period, you will no longer have access to the Service and will no longer be able to access the Content. Forum.eu does not refund any Fee for the remaining Subscription Period.

Forum.eu recommends that you terminate your Subscription via "Manage Subscription" on the Website. A termination via "Manage Subscription" can be made at any time during the current Subscription Period, in order to not be charged and not to prolong your Subscription for another Subscription Period. Termination can also be made via Forum.eu's support (E-Mail: [email protected]). Forum.eu requires a reasonable amount of time to process your request and it may take up to two (2) business days before your termination is registered.

Forum.eu has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation. Your access to the Service may also be temporarily suspended if the Fee cannot be charged for a reason beyond Forum.eu's control. When the Fee has been paid, your access to the Content through your Subscription will be reinstated.

Forum.eu has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.

7. AMENDMENTS TO THE SERVICE, PRICE AND AGREEMENT

Forum.eu strives to continually improve its Content and therefore reserves the right to update and/or change the Content made available in the Service and to make any changes or updates to the Service (or any part thereof), at any time. This may, for example, imply that Content which initially was available in your Subscription may no longer be made available or is deleted. Forum.eu will not refund any balance of pre-paid subscriptions as a result of the above during a current Subscription Period, provided that the change does not cause unreasonable disadvantage for you.

Forum.eu has the right to change the Fee for future Subscription Periods by giving written notice at least thirty (30) days before it takes effect, due to changes or increased costs for providing the Content or Service. Notifications regarding such price changes are sent to you either in the Application and/or via the contact information provided by you when registering your User Account. You have the right to terminate your Subscription at any time and to withdraw from this Agreement with effect on the end of the Subscription Period which you have paid for. You will be asked to accept such change of the price by accepting the new price the next time you log on. If you do not agree to the change you will be able to access the Content and Service until the current Subscription Period expires but not after that.

8. TERMS FOR THE APPLICATIONS

You acknowledge and understand that Forum.eu from time to time may issue updated versions of the Application and that Forum.eu may perform automatic electronic updates of the version of the Application that you are currently using on your Mobile Device. You consent to all such automatic updates in your Mobile Device and that this Agreement applies to all such updates. You are granted a limited license to the Application. Forum.eu, Forum.eu's licensors and/or suppliers maintain ownership to the Application (and any copy of the Application). Standard fees for internet traffic may apply upon using the Application.

8.1. Android Application

The following additional terms and conditions apply with respect to any Application that Forum.eu provides to you designed for use on an Android-powered mobile device ("Forum.eu's Android App"):

  • You acknowledge that these terms are between you and Forum.eu only, and not with Google, Inc. ( "Google").
  • Your use of Forum.eu’s Android App must comply with Google’s then-current Google Play's Terms of Service.
  • Google is only a provider of the Google Play where you obtained Forum.eu's Android App. Forum.eu, and not Google, is solely responsible for Forum.eu’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Forum.eu’s Android App or this Agreement.
  • You acknowledge and agree that Google is a third-party beneficiary to the terms as they relate to Forum.eu’s Android App.

8.2. iOS Application

This section sets forth the additional terms and conditions that apply with respect to any Application that Forum.eu provides to you designed for use on an Apple iOS-powered Mobile Devices which are downloaded via App Store ("Forum.eu’s iOS App"):

  • You acknowledge that these terms are between you and Forum.eu only, and not with Apple, Inc. ( "Apple").
  • Your use of Forum.eu's iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Forum.eu, and not Apple, is solely responsible for Forum.eu's iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Forum.eu's iOS App or this Agreement.
  • You agree that Forum.eu, and not Apple, is responsible for addressing any claims by you or any third-party relating to Forum.eu's iOS App or your possession and/or use of Forum.eu's iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to Forum.eu as provider of Forum.eu's iOS App.
  • You agree that Forum.eu, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to Forum.eu's iOS App or your possession and use of Forum.eu's iOS App.
  • You agree to comply with all applicable third-party terms of agreement when using Forum.eu's iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of Forum.eu’s iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of Forum.eu's iOS App as a third-party beneficiary thereof.

9. FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to Forum.eu, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Website, Application or the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Forum.eu is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Forum.eu is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

10. SCOPE OF SERVICES

We will apply reasonable efforts to provide the Services and the Content in flawless manner and without interruptions. Neither we, our Licensors, Publishing Partner, nor the Suppliers can guarantee, expressly or by implication, that the Service Or Its Contents will meet your requirements and expectations or that the Service will be available without interruption, or be fast, secure or error-free.

The Service is usually available and accessible 24/7. However, Forum.eu cannot guarantee that the use of the Service will be uninterrupted or faultless at all times due to causes beyond our reasonable control (e.g. general internet connection issues outside the infrastructure of Forum.eu)9. You are solely responsible for your internet connection. The Service may from time to time be completely or partially unavailable upon carrying out necessary backup copying, maintenance, improvements, security updates or the like. In such case we will do our best to inform you accordingly in good time before such downtime event.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Services, the Application and/or the Website. You should use your own virus protection software. You must not misuse Forum.eu’'s Application or Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Forum.eu's Application, Website, the server on which they are stored or any server, computer or database connected to them. You must not attack Forum.eu's Services via a denial-of-service attack or a distributed denial-of-service attack. You must not make any attempt at indexing, archiving or downloading content offered by Forum.eu. By breaching this provision, you may commit a criminal offence under applicable law. Forum.eu will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Forum.eu’s Services will cease immediately.

11. LIMITATION OF LIABILITY

We are fully liable pursuant to statutory law for any damages (i) incurred from our (including our legal representatives and vicarious agents) wilful misconduct or gross negligence (ii) to life, body or health and (iii) incurred from a culpable breach of material contractual obligations (i.e. obligations which need to be complied with for the successful execution of the contract and non-compliance would put at risk the contractual purpose and obligations can usually be expected to be complied with). In the latter case our liability is limited to the amount that is typically in comparable scenarios and was foreseeable for us at the time the contract was concluded. For any other damages we are not liable except for liability under statutory law which cannot be limited by contract, in particular liability under the German Product Liability Act. The above limitations of liability shall also apply to the benefit of our legal representatives, employees and contractors.

Where Forum.eu's Website and/ or Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Forum.eu has no control over the contents of those sites or resources. Please read their terms and conditions of use and privacy policies to find out how they collect and process your personal data.

13. CHOICE OF LAW AND JURISDICTION

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement is subject to the laws of Germany, without regard to choice or conflicts of law principles. Such choice of law will not affect the applicability of any consumer protection provisions more beneficial to you which apply in your country of residence and cannot be waived by contract.

If you are a citizen within the European Union, you may use the European Commission's online platform for dispute resolution. This online platform allows you, as a consumer, to resolve disputes in connection to online orders without going to court. The online platform for dispute resolution is available on the following link: http://ec.europa.eu/consumers/odr. We are not obliged to, and may decide not to participate in such proceedings.

If any of the terms of this Agreement is found to be inconsistent with the applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Forum.eu's failure to enforce any of the terms of Agreement is not a waiver of such terms.

This Agreement is the entire agreement between you and Forum.eu and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and Forum.eu related to the Website, Service and Applications.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.

14. TRANSFER OR ASSIGNMENT

Forum.eu is entitled to transfer or assign all or parts of its rights and obligations under this Agreement. You are not entitled to transfer or assign any rights or obligations under this Agreement.

15. HOW TO CONTACT US

Thank you for reading our Policy. If you have any questions or problems with the Service, please contact Forum.eu’s support service at [email protected] Any complaints are handled by the support team.

Forum CTEP GmbH
Lobeckstrasse 30-35
10969 Berlin, Germany
VAT ID: DE323209045

16. CHANGES TO TERMS AND CONDITIONS

Occasionally we may make changes to this Agreement, such as improving the existing functions or features or adding new functions or features to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. Notification is sent to you, either in the Application or by the contact information provided by you when registering your User Account, at least thirty (30) days prior to the changes enter into effect. Please make sure that you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us ([email protected]).

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