Terms of Use.
(as of 22 December 2018)
Preamble
The following general terms and conditions of use («general terms of use») apply to every call to the website www.lars-schoenwald.com or www.lars-schoenwald.de, the associated website www.lionsonthemove.com, wwww.lionsonthemove.blog or lionsonthemoveblog.wordpress.com and the respective social media accounts of Lars Schönwald and his blog «Lions on the Move» («the website»). By accessing and using the website, you implicitly agree to the following general terms of use.
As new technologies and the constant development of this website may result in changes to these general terms of use, I recommend that you read the general terms of use again at regular intervals.
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§ 1 Scope of application
(1) The following general terms and conditions of use («general terms of use») apply to every call to the website www.lars-schoenwald.com or www.lars-schoenwald.de, the associated website www.lionsonthemove.com, wwww.lionsonthemove.blog or lionsonthemoveblog.wordpress.com and the respective social media accounts of Lars Schönwald and his blog «Lions on the Move» («the website»).
(2) By accessing and using the website, you implicitly agree to the following general terms of use. Especially, you guarantee that you do not act in a way contrary to these general terms of use.
(3) In the event that more specific terms of use and/or general terms and conditions apply to specific parts of the website, e.g. governing the sale of (digital) goods or (digital) services provided, these more specific shall supplement the present general terms of use.
(4) The present general terms of use do not affect the disclaimer and privacy statement in any way.
(5) The general terms of use linked accordingly at the time of your visit to my website, always apply.
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§ 2 Object
(1) The main objects of my website are:
- to provide information about my person and my field of research,
- to provide information about the economic and human development of Africa,
- to enable a discussion between you and me as well as you and other users of my website.
(2) Although all information provided are carefully researched, no guarantee whatsover can be made regarding the accuracy of the provided information. In consequence, you are strictly discourage to build any decision whatsovever purely on the information provided on my website. You are advised that all information provider are purely for informative purposes and not designated to contain any legal, economic or financial advise. § 1 of the Disclaimer applies.
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§ 3 Conclusion of contract on the use of the website
(1) By calling to my website, you make the implicit offer to conclude a contract on the use of the website governed by the present general terms of use and the applicable law.
(2) I accept this offer by granting you access to my website and its subpages.
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§ 4 Availability of the website
(1) This website is usually available 24 hours per day, seven days per week, and 52 weeks per year.
(2) However, it is possible that availability may be interrupted due to maintenance required for the website. Where maintenance work can be scheduled in advance, information about the upcoming maintenance period and the related unavailability or limited availability of the website will be posted on the website in a timely manner. However, since maintenance can also be carried out at short notice, timely notification is not always feasible.
(3) In addition to maintenance work, the availability of the website may also be restricted by force majeure or circumstances beyond my control, such as intentional or negligent actions of third parties.
(4) I would like to point out that
- it is technically impossible to make the website available free of errors of any kind and that I can therefore accept no responsibility whatsoever for errors leading to the temporary partial or complete closure of the website or its subpages,
- the availability of the website also depends on conditions and services outside my sphere of influence, such as transmission capacities and internet connections between the parties involved. I am not responsible for any malfunctions in this area.
(5) There is no entitlement to the permanent availability of the website. As far as there is no special contract between us, especially according to §§ 8 - 10, I have the right to take the website completely or partially offline without informing you in advance.
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§ 5 Copyright and intellectual property
(1) The entire content of the website, including images, graphics, text, audio, video and other files, is the property of Lars Schönwald or third parties and is protected by copyright. Insofar as contents are the property of third parties, Lars Schönwald is the lawful licensee. Reference is made to § 3 of the disclaimer.
(2) You may not extract and/or reuse the contents of the website or parts thereof without the prior written consent of Lars Schönwald. In particular, you may not, without the prior written consent of Lars Schönwald, engage in data mining or use robots or similar data gathering and extraction programs to extract any substantial portion of the website for re-use, whether once or many times. You may also not create and/or publish any database that contains substantial portions of the website without the prior written consent of Lars Schönwald. Furthermore, you may not, without the prior written consent of Lars Schönwald, integrate into your website or database any substantial part of the website, including but not limited to text, images, sounds and videos, which may cause a third party to believe that you are the copyright owner of such text, images, sounds or videos, for example by including my content in frames or iframes.
(3) This also applies to non-commercial publication. However, the extraction is allowed for purely private purposes, which are not intended for publication, for example the mere saving on your computer. Furthermore, extraction for non-commercial, academic purposes is permitted, provided that no publication takes place. For the purposes of the foregoing sentence, publication means the provision of content to an indefinite and/or unlimited group of persons. The provision of content to a specific and limited group of persons, such as students of a particular lecture or tutorial, is permitted provided that such provision serves non-commercial, academic purposes and is explicitly referred to the copyright of Lars Schönwald.
(4) If in doubt whether the envisaged use of any content of the website is inline with the previous provisions, please contact Lars Schönwald.
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§ 6 Forums and comments to articles
(1) In the event that the website contains temporarily or permanently a forum allowing a discussion among users, all users are obliged to respect the usual rules of communication (laquo;nettiquette»), such as respect for others. Please note that such a forum does not constitute a legal vacuum. Racist, discriminatory, offensive, inflammatory or other criminal contributions or contributions that endanger public safety or order will not only not be tolerated, but may also be the subject of criminal or civil proceedings.
(2) Lars Schönwald reserves the right to delete posts that violate the above rules or are inappropriate for other reasons without consulting the creator of the post in question and to temporarily or permanently exclude the user concerned from posting to the forum in the event of repeated violations or a particularly serious violation of the above rules.
(3) The same applies to the comment sections provided to the articles on the website (including its associated pages and social media accounts).
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§ 7 Electronic communication
(1) If you send an e-mail, text message or other message from your computer or mobile device to Lars Schönwald («electronic message»), you are communicating with me electronically. I will communicate with you electronically in various ways, such as by e-mail, text message, or by posting messages on the website.
(2) For contractual purposes, you agree to receive electronic communications from me and that all consents, notices, publications and other communications may be in electronic form unless otherwise required by law.
(3) The contact information, including e-mail adresses, provided on the website are purely designated to allow you to contact me on a specific issue. By doing so I do not consent - neither explicitly, nor implicitly - to receive any communication which is not directly addressed to me, in particular, you are not allowed to send any unsolicited advertising to me without my explicit written consent. In addition, you are not allowed to add my contact details to databases designed to send unsolicited advertising to me and others, or to sell or make available in a different way my contact details to third persons for whatsoever purpose.
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§ 8 Registration; user account
(1) In the event that the website contains a restricted part to which only a limited number of users have access to, you may only access this part of the website by logging in to this part which requires a previous successful registration and creation of a user account.
(2) Registration is only possible by natural persons with full legal capacity. To register, it is necessary to fill in the form provided and send it via the «Register» button. The fields marked as mandatory in the form are mandatory and must be filled in truthfully. You can fill in the other fields. Your data will be treated in accordance with the privacy statement.
(3) You are obliged to check the correctness of your data regularly.
(4) Each user account may only be used by one person. To log in, you must enter your user name and password. Passing on your user name and password to other persons is not permitted and may lead to the temporary or permanent blocking of your user account.
(5) You are obliged to keep your user name and password secret and to ensure that third parties cannot log into the protected area with your user name and password. You are obliged to take the necessary steps to ensure that your user name and password cannot be spied on by third parties. You are obliged to inform me immediately if there is reason to believe that a third party has learned your user name and password and can thus gain access to the protected area.
(6) You can change your user name and password at any time in your user account or have a new user name or password sent to the e-mail address you specified during registration using the «Forgot user name» or «Forgot password» function. However, it is not possible to send it to another e-mail address. I do not have access to your password.
(7) You undertake not to use the services offered to interrupt, damage or otherwise impair the services or access to the website. Furthermore, you undertake not to use the services offered for fraudulent purposes or in connection with a criminal offence, misdemeanour, illegal activity, harassment or inconvenience.
Subject to applicable law, you are responsible for all actions taken on the website by any person using your username and password. This does not apply if you have informed me in good time that a third party may have taken possession of your user name and password.
(8) Violation of these rules may result in your account being temporarily or permanently suspended. I would also like to point out that the internet is not a legal vacuum: breaches of the above rules may result in criminal and/or civil penalties.
(9) I reserve the right to close the protected area temporarily or permanently at any time, even at short notice if necessary, and to change the contents and services in the protected area at any time, even at short notice if necessary, or to remove them temporarily or permanently. As far as possible I will inform you about such a measure in advance.
(10) You have the right to be informed about the data stored about you. §§ 1, 2 and 5 of the privacy statement apply in this respect.
(11) You have the possibility at any time to delete your user account via the «Delete user account» function in your user account. You can also contact me directly to delete your user account. If your user account is deleted, all your personal data will be deleted unless it is necessary for legal reasons to continue to store your data, for example to prosecute criminal offences or civil law claims. Any comments with your user name will remain on the website, whereby your user name will be replaced by «Former User». Posts with your username, such as on my blog, will be retained in their entirety.
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§ 9 Service contract
(1) The mere use of the website, including any use of the protected area, does not constitute a service agreement between you and me.
(2) A service contract, e.g. for the preparation of an expert opinion, shall only be concluded through express and corresponding declarations of intent by you and me aimed at the conclusion of such a contract.
(3) If there are separate general terms and conditions for such a service contract, these supplement these general terms of use. In the event of any conflict between the general terms and conditions and the general terms of use, the former shall prevail.
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§ 10 Sales contract
(1) At present, you cannot conclude any sales contracts directly with me via the website. The website contains hyperlinks through which you can conclude sales contracts with partners of mine for various products (e.g. books with scientific contributions by me). In the case of a purchase, only you and the respective partner of mine become a party to the purchase contract. Accordingly, this contract of sale is governed exclusively by the applicable statutory provisions and any general terms and conditions of my partner.
(2) To the extent that it will be possible in the future to purchase products (such as «Country Reports») from me directly via my website, the special general terms and conditions which supplement these general terms of use shall apply to such a sales contract.
(3)
§ 5 of the privacy statement remains unaffected.
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§ 11 Exclusion of liability
(1) I always endeavour to ensure that the website and the associated services are available without interruption and that transmissions are error-free. Due to the nature of the internet, however, this cannot be guaranteed. Your access to the website, including the protected area, may also be interrupted or restricted from time to time to allow repairs, maintenance or the introduction of new content and services. I will attempt to limit the frequency and duration of any such temporary interruptions or limitations and to provide you with timely notice of the timing, extent and duration of any such interruptions or limitations.
(2) I am liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty by me or a representative or vicarious agent. Registered users as well as guest authors in my blog are neither representatives nor vicarious agents of mine.
(3) Furthermore, I am liable for the slightly negligent violation of essential contractual obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly trust. In this case, however, I shall only be liable for the foreseeable damage typical of the contract. I am not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
(4) The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
(5) Insofar as the liability of Lars Schönwald is limited or excluded in accordance with the above paragraphs, this shall also apply to his representatives and vicarious agents as well as to guest authors of his blog.
(6) For the rest, the disclaimer shall apply.
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§ 12 Data protection
When using the website, personal data is stored and processed. I will inform you about the type and scope as well as the purpose of the data collection, your rights in this regard as well as the storage periods in the privacy statement.
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§ 13 No waiver
If you violate these terms of use and I do not do anything about it, I am still entitled to assert my rights in the event of another violation of the terms of use by you.
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§ 14 Choice of law; forum
(1) The entire use of the website and any contract concluded between you and me and is subject to German law under the exclusion of the Convention on the International Sale of Goods and international private law/conflict of laws.
(2) The forum for any dispute relating to the use of the website and any contract concluded between you and me is Munich, Germany.
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§ 25 Final provisions
(1) I reserve the right to make unilateral changes to the website including these general terms of use and the general terms and conditions at any time, if necessary even without informing you about changes in advance. The general terms of use at the time of accessing the website as well as the general terms and conditions at the time of concluding the contract (receipt of the declaration of acceptance) shall be decisive in each case. You are therefore required to regularly inform yourself about the general terms of use and, if applicable, the general terms and conditions; the current version is linked in each case on the website.
(2) If any provision of these terms of use is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Rather, the invalid, void or unenforceable provision should be replaced by another legally permissible provision that corresponds to the spirit and purpose of the invalid, void or unenforceable provision.
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Munich, 22 December 2018.
Lars Schönwald