7.1 The user shall treat his access data, particularly his password, confidentially and shall not pass them on to third parties or share them with third parties. Access data must be kept secure before access by third parties. Passwords should be changed regularly, at least every three months.
7.2 Should the user make access to his access data, particularly passwords, third parties, or otherwise use or disseminate them, Gordion has the right to temporarily or permanently block the profile of the user concerned and to terminate the user agreement without notice.
7.3 If the user has reason to believe that a third party uses his access data and/or profile, immediately inform Gordion in text form (letter, fax, e-mail) and Gordion shall provide all available evidence.
7.4 The user is solely responsible for the use of his access data, particularly passwords, by third parties or for acts or explanations, which are made via his profile. The user shall indemnify Gordion from all claims in respect of third parties, including the costs of the defense (legal and judicial costs), at the statutory rate on the first request. This does not apply if this is not the responsibility of the user. Gordion's liability for loss or misuse of the access data is excluded.
8.1 Gordion collects, processes and uses personal data within the scope of the granted consent and legal provisions Without explicit consent, Gordion collects and uses personal data only to the extent that this is necessary for the execution, use and, if necessary, settlement.
8.2 The data protection declaration provides information on which data are collected, stored and processed for what purpose, which minimum data are to be made, which can make additional voluntary data available to the user, and how the security of the personal data is guaranteed by Gordion. Furthermore, the data protection declaration provides information on technical questions concerning data protection (e.g. cookies, log files, etc.).
8.3 Gordion explicitly points out that the data published by users at Gordion are voluntarily made available to a broad public.
8.4 Despite the fact that Gordion is constantly updated by firewalls and other protective devices, the highest possible security standards (in particular, SSL encryption of all data) is absolutely impossible to protect data on the Internet against unauthorized third-party access (hackers). Gordion is therefore not responsible for the unauthorized knowledge of user data by third parties, which by unintentionally overcoming the protection devices used against unauthorized access to stored data.
9.1 Gordion assumes no liability whatsoever for the correctness, completeness, topicality, and legality of the data and contents posted by users. This exclusion of liability applies, particularly, if such content violates intellectual property rights (trademark rights, copyrights, etc.) or personality rights (eg general principles of personality, right to own image, etc.) of third parties. Gordion shall not be liable for any misuse of the content posted by users by other users or third parties.
9.2 Gordion does not check the data and content posted by the users to Gordion by means of a preliminary check. Gordion has no influence whatsoever on the contents of linked third-party Internet sites, a prior check is not carried out. Gordion is neither possible nor able to reasonably anticipate an ongoing control of the contents of third-party users or the contents of linked third-party internet sites.
9.3 As soon as Gordion becomes aware of legal violations in the content posted by users or on linked third-party sites, Gordion will remove such content and/or links within a reasonable period of time and take all necessary technical and personnel measures to avoid identical legal violations in the future. In addition, the user is obligated to provide all information on request against Gordion on request, particularly to express himself comprehensively to the complaint that content infringing the users’ profile has or has been discontinued. The user is expressly obliged to cooperate in the removal of legal violations.
9.4 Insofar as this is not within the sphere of responsibility of Gordion or its vicarious agents, Gordion is not liable for the uninterrupted usability or accessibility of Gordion, for technical transmission delays or failures or for the correct functioning of infrastructures or transmission paths of the Internet. Even as long as interruptions to the availability of Gordion are necessary due to maintenance work, the liability of Gordion is excluded.
9.5 Gordion is not liable for damage caused by force majeure, war, terrorism, and natural events or other events not foreseen by Gordion (eg strike, lockout, power failures, traffic disruptions, public orders, etc.).
9.6 Gordion shall be liable for damage resulting from injury to life, body or health in accordance with statutory provisions. The same applies to damages caused by intent or gross negligence. In the case of a simply negligent breach of a material contractual obligation (cardinal obligation), the liability of Gordion is limited to the replacement of the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above regulations. Moreover, any further liability of Gordion is excluded.
9.7 If the liability of Gordion is excluded or restricted, this also applies to Gordion employees, staff, representatives and vicarious agents.
10.1 The user guarantees that the data provided by him during the registration (obligatory) and later information on his person correspond to the truth and that the profile image or other image files, which are transmitted, exclusively represent the user himself. The user guarantees and agrees that no image files transmitted by him to be used in the user profile, which can be used or used for publication within the software (app), will not be reproduced by third parties.
10.2 The user guarantees that the content he has set does not violate any legal regulations (e.g. German StGB, TMG, BDSG, MDStV, press laws, UWG, HWG, PAngV, JuSchG, etc.).
10.3 The user guarantees that all of the content (eg profile, texts, photos, graphics files, links, brands, etc. in any form) which he or she has set out to be used on Gordion are protected by third parties (Eg personality, trademark, copyrights, etc.) neither exist nor be infringed.
10.4 The user is responsible for the technically perfect condition, as well as the virus-free nature of the content he has set and Gordion, is liable for any damages that Gordion incurs due to errors, viruses, worms, Trojans, etc. contained in the content he has set. This does not apply if the user is not responsible for the damage of data.
11.1 The user may only use Gordions services for private purposes according to the terms of the agreement. The user is solely responsible for all content posted by the user to Gordion.
11.2 The user may only add contents (in particular texts, photos, illustrations, symbols, symbols, etc. in any form) to Gordion, insofar as the rights required for publication on Gordion are held.
11.3 The user may only send messages of any kind (messages, etc.) to users of Gordion solely for the purpose of private communication. The user is to refrain from any untruthful, offensive, harassing, defamatory, offensive, sexist, racist, extreme political, extreme religious or extreme ideological expressions, or utterances that mislead the sender of the statement. The User shall be responsible for the responsible use in the communication means made available to him.
11.4 The user is not allowed to transfer personal data of other users (eg names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) or personal messages of other users of Gordion (eg messages etc.) without express prior explicit consent of the data subject or to make it accessible to third parties.
11.5 The user may not publish, exchange or otherwise make access to any Gordion access data (in particular passwords) including his own access data for Gordion, codes or serial numbers of any kind.
11.6 The user may not place any links on websites with illegal content on Gordion. Likewise, users are prohibited from making any expressions, offensive, harassing, defamatory, offensive, sexist, racist, extreme political, extreme religious or extreme ideological expressions within the software in the user profile or otherwise on websites.
11.7 Setting the following contents to Gordion is not permitted to the user, regardless of the form (eg in his or her own profile, in messages, etc.), without this list being final: Propaganda Means, Unconstitutional Organizations, Incitement, misleading or impersonating content, violence, threat, violation of human dignity, erotic representations of minors, pornography, advertisement or promotion of drugs, drugs or illicit substances of any kind in open or concealed form, as well as criminal contents of any kind Prohibition also extends to content that has satirical or criticizing the above circumstances.
11.8 Advertising by users – in whatever form -, in particular, but not exclusively, the sending of notices with commercial or otherwise company-related content (advertising, personnel recruiting, chain letters, pyramid schemes, competitions, lotteries, betting games, snowballs systems, etc.) Other users of Gordion, as well as the use of personal data of other users (in particular names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) for commercial purposes of any kind (especially advertising), is prohibited.
Electronic attacks of any kind on the Gordion servers/databases/network or on individual users are strictly prohibited. Any electronic attack will lead to the immediate exclusion of the responsible user (extraordinary termination without notice) and will be prosecuted – as far as legally possible – in civil and criminal law. As electronic attacks are valid without this list being final: Hacking attacks and attempts to overcome, bypass, or otherwise disable Gordion's security barriers Intercept or attempt to intercept for other recipients of certain personal messages Use of computer programs (eg crawler, spider, bot) for the automated reading, saving, editing, changing or forwarding of data from the Gordion databases or for the automated setting of content on Gordion. In your own profile, in messages, etc. Intentional use and/or dissemination of data or content to Gordion which, by its nature or nature (eg errors, viruses, worms, Trojans, etc.), size or duplication (eg spamming, mail bombs, etc .) To jeopardize the existence or operation of the data center or data network of Gordion or the computers and programs of users of Gordion Intentional use of links, programs or other procedures that may or should be harmful to Gordion's servers/databases/networks or individual users Brute force attacks Phishing
13.1 If the User violates one or more provisions of clauses 10 to 12 of these Terms of Use, Gordion may block or delete affected content. In the case of serious infringements, Gordion may terminate the use agreement without notice. Any payment obligations due to effective reasons for reasonably paid usage will remain in this case.
13.2 The user shall indemnify Gordion against all claims, third parties against Gordion, their legal representatives and / or fulfillment aids due to a breach of the user against legal regulations (e.g. German StGB, TMG, BDSG, MDStV, press laws, UWG, HWG (Eg personal and / or intellectual property rights such as trademarks / copyrights, etc.), or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defense (Legal and judicial costs at the statutory rate) on first demand. The user is obliged to assist Gordion in the defense of such third-party claims to the best of his knowledge and to provide the necessary information and/or information for this purpose.
13.3 The assertion of further claims (eg damages, omission, etc.) and the reimbursement of a criminal complaint remain unaffected.
14.1 Gordion shall be entitled to delegate the rights and obligations under this Agreement to third parties, in whole or in part, in particular, to commission third parties to provide parts or the entire range of services of its services provided that this is reasonable for users and does not adversely affect the users , In particular the provision of the services and the fulfillment of the other contractual obligations of Gordion without restriction. The protection of data shall remain unaffected.
14.2 The user is not entitled to transfer the rights and obligations from the use relationship to third parties in whole or in part.
Gordion is entitled to amend these General Terms and Conditions at any time if and to the extent that this change is in the legitimate interest of Gordion. A legitimate interest is in particular if the changes are necessary to fulfill legal requirements, to integrate new functions within the communication platform (software or APP) or because of changes in company orientation or processes. The changed conditions will be announced to the user two (2) weeks before their entry into force or will be displayed within the software or app at or before the use of the app. If the user of the validity does not object to the amended terms within two (2) weeks after receipt, the changed conditions are considered accepted. Gordion will separately notify the user in the e-mail or within the software or app, which contains the changed conditions, the significance of the two-week period. If the user rejects the validity of the amended terms, the user or Gordion can terminate the existing usage relationship at any time.
Should individual provisions of these General Terms and Conditions be or become impracticable, the validity of the General Terms and Conditions and the Usage Agreement remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The above provisions apply in the event that the contract proves to be incomplete.