These are the general terms and conditions of the "Onreef" platform (hereinafter referred to as the platform) and govern the contractual relationship between the operator and the natural and legal persons who use the platform as registered members (hereinafter referred to as users). These terms and conditions have been translated by AI for accessibility purposes. In case of contradictions, legal disputes, etc., only the German version prevails.
1. General
1. The following terms of use apply to every user of the platform and the services provided thereon.
2. Before using the platform, these terms of use should be read carefully.
3. The use of these services is permitted only for users aged 16 and above and those minor users acting with the consent of their guardians.
2. Registration/Membership
1. To fully use the platform's services and upload content, registration is necessary.
2. Registration/membership and the use of the platform's basic services are free of charge. The operator reserves the right to offer additional paid functions, which can be activated by the user through corresponding buttons.
3. For registration, the user needs a username, their own email address, and a password. A successful registration is only possible if all mandatory fields are filled out truthfully and correctly. The user is obliged to fill out the registration form truthfully and accurately.
4. There is no entitlement to membership.
5. The user assures that all information provided during registration or later in the user profile is truthful, current, and - as far as not marked as voluntary - complete.
6. The user is obligated to keep their password secret and not to disclose it to third parties. The platform will not provide the password chosen and encrypted for a member account to third parties and will not ask for it via phone, email, or internal communication channels. If the user notices unauthorized use of their password or profile, they are obliged to report this immediately to prevent further damage.
3. Right of Withdrawal for Consumers
1. Right of Withdrawal: If the user is a consumer within the meaning of § 13 BGB, they can withdraw from the registration within two weeks without providing reasons in text form (e.g., by email). The period begins after the activation of the membership by the operator, but not before the receipt of this instruction and not before the conclusion of the contract and also not before the fulfillment of the information obligations according to § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV. To comply with the withdrawal period, it is sufficient to send the withdrawal in due time. The withdrawal is to be addressed to: Creativecore GmbH, Forstweg 17, 82024 Taufkirchen or email: support@onreef.com
2. Early Expiry of the Right of Withdrawal: The user's right of withdrawal expires in accordance with § 312d Abs. 3 BGB before the end of the two-week withdrawal period if the operator has started performing the services with the user's explicit consent or if the user has initiated the execution of the services themselves.
3. Consequences of Withdrawal: In the event of an effective withdrawal, the mutually received services are to be returned and any benefits derived (e.g., interest) handed over in accordance with the legal provisions. If the user cannot or partially cannot return the received services or can only return them in a deteriorated condition, they must compensate the operator for the value. Obligations to refund payments must be fulfilled by the user within 30 days after sending the withdrawal declaration.
4. Use of the Platform
1. Users agree not to misuse the services, interfere with the services, or access the services in any manner other than through the interfaces and/or APIs provided by the platform.
2. Users agree not to use any programs, functions, scripts, or other methods to automate the query of the platform's pages or to automate the generation of content on the platform or to otherwise access the services.
3. Users agree not to engage in chain letters, spam, pyramid schemes, or multi-level marketing, and to refrain from anything that might impair the functionality of the platform.
5. Usage Restrictions and Exclusion
In case of violations of these terms of use, the operator is entitled to exclude users from the use of the services temporarily or permanently and/or to restrict the use of the services.
6. Termination of Membership
1. Users can terminate their membership at any time without giving reasons and without adhering to deadlines via the corresponding form. The operator will then delete the user's profile within a reasonable period after receipt of the notice.
2. The operator reserves the right to lock or delete inactive and unused accounts at their own discretion and without prior notice.
3. The operator is entitled to lock or delete a user's profile without notice if the user violates the obligations mentioned in these terms of use.
4. Furthermore, the operator can terminate the membership for an important reason without notice. An important reason exists in particular if the user
- violates laws,
- damages the reputation of the platform or other users,
- harms other users.
5. With the deletion of the profile, the personal data stored in the member's profile will be irrevocably deleted and cannot be restored. However, the content created by the user (posts, comments, photos, etc.) generally remains. Upon explicit request, the operator will delete individually designated content after the termination of the membership. The user can choose whether the reference to their authorship (username and possibly user picture) remains and continues to be displayed or whether this should also be deleted.
6. The user has no right to deletion, delivery, or other provision of the content they have posted. The operator is entitled to delete the content posted by the user.
7. Content Provided by Users
1. Users who upload or post content on the platform are solely responsible for the content they upload or post. They assure that they hold the necessary copyrights and other rights (especially trademark, name, and trademark rights) to these contents or are authorized to use them in the manner they do and to grant others their use. Furthermore, users ensure that they do not infringe on the rights of third parties, of any kind. If people are recognizable in the photos or videos they upload, they must ensure that they have the consent of all persons depicted for the publication.
2. Users must ensure that the content they post does not violate legal regulations and/or good morals. In particular, this content must not be threatening, abusive, racist, glorifying violence, defamatory, harassing, offensive, pornographic, deliberately false, harmful to minors, unconstitutional, violate the personal rights of third parties, or constitute a criminal offense. This can result in civil and/or criminal prosecution.
3. The operator reserves the right to review and modify texts, submitted photos, videos, and other files to ensure compliance with these rules. However, the operator expressly points out that no prior control is carried out regarding content posted by users. As soon as the operator becomes aware of violations of legal regulations or these terms of use, through users or third parties, they will delete the respective content without prior notice after appropriate review.
4. The operator is entitled to block or remove content that violates these terms of use. The user has no claim against the operator for the removal of a block or the restoration of already removed content. The right to assert claims (especially claims for damages) against the user remains unaffected for the operator.
8. Granting of Rights
1. By posting or uploading public content/group content (e.g., posts, comments, photos, videos, audios), the user grants the operator a free and irrevocable non-exclusive, transferable right of use, unlimited in time, scope, and location, to these contents. This right of use includes, in particular, the right to publish, reproduce, distribute, exhibit, present, perform, and display publicly, as well as the right to make it publicly available, broadcast, and reproduce through image and sound carriers and other comparable uses. It also includes the right to edit, transform, supplement, and translate the contents, as well as the right to transfer all or part of the rights of use to third parties. All mentioned rights apply to all media and distribution channels, whether currently known or to be developed.
2. If the user is not the owner of the aforementioned rights to the content they post or upload, they ensure that the rights holder has agreed to the transfer according to the above regulation.
3. The user has the right to be named as the author. Therefore, the platform will appropriately indicate the authorship of the user in all uses of the content. The name of the author will be the username under which they registered.
9. Protection of Personal and Copyrights
1. The platform respects the intellectual property of third parties, the integrity of personality, and the protection of personal spheres, especially of the persons depicted in the content, and encourages its users to do the same.
2. Violations of personal rights, copyright infringements, and breaches of laws or these terms of use can be reported. The report can be made via the following form.
10. Indemnification, Compensation
1. The user agrees to indemnify the operator, as well as shareholders and employees, from any third-party claims that may arise from the user's use of the platform's services. This includes, in particular, all obligations, expenses, and claims resulting from damages due to violations of copyright and other protective rights because of the content submitted for publication by the user. This also applies to defamation, slander, violation of personal rights, interruption of services for other users, infringement of intellectual property, or other rights.
2. The legal defense against such claims remains reserved for the operator. The user supports the operator in defending such claims, in particular by promptly, truthfully, and fully providing all information necessary for reviewing the claims and for the defense. The user is obligated to compensate the operator for any damage incurred due to successful third-party claims. This includes the costs of legal defense.
11. Warranty and Liability Disclaimers
1. The operator strives to ensure the proper operation of its services at all times but cannot guarantee the availability, functionality, and error-free nature of the services, their usability for the user's intended purposes, or the accuracy and completeness of the displayed content.
2. The publication of content provided by users on the platform does not represent the operator's opinion, and the operator does not endorse such content.
3. The operator provides its services, systems, technologies, and solutions to the best of its knowledge and belief, and within the scope of its technical possibilities.
4. For companies, the operator is liable for damages, except in the case of a violation of essential contractual obligations, only if and to the extent that intent or gross negligence can be attributed to the operator, its legal representatives, or executive employees. For other vicarious agents, the operator is only liable in cases of intent and where they have intentionally or grossly negligently violated essential contractual obligations. Except in cases of intent or gross negligence by legal representatives, executive employees, or intentional behavior of other vicarious agents of the operator, there is no liability for indirect damages, especially for lost profits. Except in cases of intent and gross negligence by the operator, its legal representatives, and executive employees, liability is limited to the typically foreseeable damage at the time of contract conclusion.
5. For private individuals, the operator is only liable for intent and gross negligence. In the event of a violation of essential contractual obligations, debtor delay, or impossibility of performance for which the operator is responsible, it is liable for any culpable behavior of its employees and vicarious agents. Except in cases of intent and/or gross negligence by legal representatives, employees, and other vicarious agents, the operator's liability is limited in amount to the typically foreseeable damages at the time of contract conclusion.
6. The aforementioned liability exclusions and limitations towards companies or consumers do not apply in the case of the operator's explicit guarantees and for damages arising from injury to life, body, or health, as well as in the case of mandatory statutory regulations.
12. Modification or Termination of the Provided Services
The offerings of the platform are continuously being developed and can therefore change at any time in technical, content-related, or other ways. The platform may change or remove the offered functions and features at any time or add new functions and features. The operator can shut down the offerings at any time, either completely or partially, temporarily or permanently.
13. Modification of Terms of Use
Changes to these Terms and Conditions are possible at any time. They will be announced with a notice period of two weeks and made available to all affected parties in an appropriate manner. If no explicit, written objection is made within 6 weeks, the new Terms and Conditions are considered accepted.
14. Final Provisions
1. These terms of use may be written in other languages besides German. In case of contradictions, legal disputes, etc., only the German version prevails.
2. If individual clauses of these terms of use are ineffective, the remaining clauses of the terms of use remain unaffected in their validity. Ineffective or void provisions are to be replaced by provisions that come closest to the intended content and purpose. The same applies to any gaps in these terms of use.
3. The law of the Federal Republic of Germany applies.
4. If the user is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction is Munich.
1. General
1. The following terms of use apply to every user of the platform and the services provided thereon.
2. Before using the platform, these terms of use should be read carefully.
3. The use of these services is permitted only for users aged 16 and above and those minor users acting with the consent of their guardians.
2. Registration/Membership
1. To fully use the platform's services and upload content, registration is necessary.
2. Registration/membership and the use of the platform's basic services are free of charge. The operator reserves the right to offer additional paid functions, which can be activated by the user through corresponding buttons.
3. For registration, the user needs a username, their own email address, and a password. A successful registration is only possible if all mandatory fields are filled out truthfully and correctly. The user is obliged to fill out the registration form truthfully and accurately.
4. There is no entitlement to membership.
5. The user assures that all information provided during registration or later in the user profile is truthful, current, and - as far as not marked as voluntary - complete.
6. The user is obligated to keep their password secret and not to disclose it to third parties. The platform will not provide the password chosen and encrypted for a member account to third parties and will not ask for it via phone, email, or internal communication channels. If the user notices unauthorized use of their password or profile, they are obliged to report this immediately to prevent further damage.
3. Right of Withdrawal for Consumers
1. Right of Withdrawal: If the user is a consumer within the meaning of § 13 BGB, they can withdraw from the registration within two weeks without providing reasons in text form (e.g., by email). The period begins after the activation of the membership by the operator, but not before the receipt of this instruction and not before the conclusion of the contract and also not before the fulfillment of the information obligations according to § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV. To comply with the withdrawal period, it is sufficient to send the withdrawal in due time. The withdrawal is to be addressed to: Creativecore GmbH, Forstweg 17, 82024 Taufkirchen or email: support@onreef.com
2. Early Expiry of the Right of Withdrawal: The user's right of withdrawal expires in accordance with § 312d Abs. 3 BGB before the end of the two-week withdrawal period if the operator has started performing the services with the user's explicit consent or if the user has initiated the execution of the services themselves.
3. Consequences of Withdrawal: In the event of an effective withdrawal, the mutually received services are to be returned and any benefits derived (e.g., interest) handed over in accordance with the legal provisions. If the user cannot or partially cannot return the received services or can only return them in a deteriorated condition, they must compensate the operator for the value. Obligations to refund payments must be fulfilled by the user within 30 days after sending the withdrawal declaration.
4. Use of the Platform
1. Users agree not to misuse the services, interfere with the services, or access the services in any manner other than through the interfaces and/or APIs provided by the platform.
2. Users agree not to use any programs, functions, scripts, or other methods to automate the query of the platform's pages or to automate the generation of content on the platform or to otherwise access the services.
3. Users agree not to engage in chain letters, spam, pyramid schemes, or multi-level marketing, and to refrain from anything that might impair the functionality of the platform.
5. Usage Restrictions and Exclusion
In case of violations of these terms of use, the operator is entitled to exclude users from the use of the services temporarily or permanently and/or to restrict the use of the services.
6. Termination of Membership
1. Users can terminate their membership at any time without giving reasons and without adhering to deadlines via the corresponding form. The operator will then delete the user's profile within a reasonable period after receipt of the notice.
2. The operator reserves the right to lock or delete inactive and unused accounts at their own discretion and without prior notice.
3. The operator is entitled to lock or delete a user's profile without notice if the user violates the obligations mentioned in these terms of use.
4. Furthermore, the operator can terminate the membership for an important reason without notice. An important reason exists in particular if the user
- violates laws,
- damages the reputation of the platform or other users,
- harms other users.
5. With the deletion of the profile, the personal data stored in the member's profile will be irrevocably deleted and cannot be restored. However, the content created by the user (posts, comments, photos, etc.) generally remains. Upon explicit request, the operator will delete individually designated content after the termination of the membership. The user can choose whether the reference to their authorship (username and possibly user picture) remains and continues to be displayed or whether this should also be deleted.
6. The user has no right to deletion, delivery, or other provision of the content they have posted. The operator is entitled to delete the content posted by the user.
7. Content Provided by Users
1. Users who upload or post content on the platform are solely responsible for the content they upload or post. They assure that they hold the necessary copyrights and other rights (especially trademark, name, and trademark rights) to these contents or are authorized to use them in the manner they do and to grant others their use. Furthermore, users ensure that they do not infringe on the rights of third parties, of any kind. If people are recognizable in the photos or videos they upload, they must ensure that they have the consent of all persons depicted for the publication.
2. Users must ensure that the content they post does not violate legal regulations and/or good morals. In particular, this content must not be threatening, abusive, racist, glorifying violence, defamatory, harassing, offensive, pornographic, deliberately false, harmful to minors, unconstitutional, violate the personal rights of third parties, or constitute a criminal offense. This can result in civil and/or criminal prosecution.
3. The operator reserves the right to review and modify texts, submitted photos, videos, and other files to ensure compliance with these rules. However, the operator expressly points out that no prior control is carried out regarding content posted by users. As soon as the operator becomes aware of violations of legal regulations or these terms of use, through users or third parties, they will delete the respective content without prior notice after appropriate review.
4. The operator is entitled to block or remove content that violates these terms of use. The user has no claim against the operator for the removal of a block or the restoration of already removed content. The right to assert claims (especially claims for damages) against the user remains unaffected for the operator.
8. Granting of Rights
1. By posting or uploading public content/group content (e.g., posts, comments, photos, videos, audios), the user grants the operator a free and irrevocable non-exclusive, transferable right of use, unlimited in time, scope, and location, to these contents. This right of use includes, in particular, the right to publish, reproduce, distribute, exhibit, present, perform, and display publicly, as well as the right to make it publicly available, broadcast, and reproduce through image and sound carriers and other comparable uses. It also includes the right to edit, transform, supplement, and translate the contents, as well as the right to transfer all or part of the rights of use to third parties. All mentioned rights apply to all media and distribution channels, whether currently known or to be developed.
2. If the user is not the owner of the aforementioned rights to the content they post or upload, they ensure that the rights holder has agreed to the transfer according to the above regulation.
3. The user has the right to be named as the author. Therefore, the platform will appropriately indicate the authorship of the user in all uses of the content. The name of the author will be the username under which they registered.
9. Protection of Personal and Copyrights
1. The platform respects the intellectual property of third parties, the integrity of personality, and the protection of personal spheres, especially of the persons depicted in the content, and encourages its users to do the same.
2. Violations of personal rights, copyright infringements, and breaches of laws or these terms of use can be reported. The report can be made via the following form.
10. Indemnification, Compensation
1. The user agrees to indemnify the operator, as well as shareholders and employees, from any third-party claims that may arise from the user's use of the platform's services. This includes, in particular, all obligations, expenses, and claims resulting from damages due to violations of copyright and other protective rights because of the content submitted for publication by the user. This also applies to defamation, slander, violation of personal rights, interruption of services for other users, infringement of intellectual property, or other rights.
2. The legal defense against such claims remains reserved for the operator. The user supports the operator in defending such claims, in particular by promptly, truthfully, and fully providing all information necessary for reviewing the claims and for the defense. The user is obligated to compensate the operator for any damage incurred due to successful third-party claims. This includes the costs of legal defense.
11. Warranty and Liability Disclaimers
1. The operator strives to ensure the proper operation of its services at all times but cannot guarantee the availability, functionality, and error-free nature of the services, their usability for the user's intended purposes, or the accuracy and completeness of the displayed content.
2. The publication of content provided by users on the platform does not represent the operator's opinion, and the operator does not endorse such content.
3. The operator provides its services, systems, technologies, and solutions to the best of its knowledge and belief, and within the scope of its technical possibilities.
4. For companies, the operator is liable for damages, except in the case of a violation of essential contractual obligations, only if and to the extent that intent or gross negligence can be attributed to the operator, its legal representatives, or executive employees. For other vicarious agents, the operator is only liable in cases of intent and where they have intentionally or grossly negligently violated essential contractual obligations. Except in cases of intent or gross negligence by legal representatives, executive employees, or intentional behavior of other vicarious agents of the operator, there is no liability for indirect damages, especially for lost profits. Except in cases of intent and gross negligence by the operator, its legal representatives, and executive employees, liability is limited to the typically foreseeable damage at the time of contract conclusion.
5. For private individuals, the operator is only liable for intent and gross negligence. In the event of a violation of essential contractual obligations, debtor delay, or impossibility of performance for which the operator is responsible, it is liable for any culpable behavior of its employees and vicarious agents. Except in cases of intent and/or gross negligence by legal representatives, employees, and other vicarious agents, the operator's liability is limited in amount to the typically foreseeable damages at the time of contract conclusion.
6. The aforementioned liability exclusions and limitations towards companies or consumers do not apply in the case of the operator's explicit guarantees and for damages arising from injury to life, body, or health, as well as in the case of mandatory statutory regulations.
12. Modification or Termination of the Provided Services
The offerings of the platform are continuously being developed and can therefore change at any time in technical, content-related, or other ways. The platform may change or remove the offered functions and features at any time or add new functions and features. The operator can shut down the offerings at any time, either completely or partially, temporarily or permanently.
13. Modification of Terms of Use
Changes to these Terms and Conditions are possible at any time. They will be announced with a notice period of two weeks and made available to all affected parties in an appropriate manner. If no explicit, written objection is made within 6 weeks, the new Terms and Conditions are considered accepted.
14. Final Provisions
1. These terms of use may be written in other languages besides German. In case of contradictions, legal disputes, etc., only the German version prevails.
2. If individual clauses of these terms of use are ineffective, the remaining clauses of the terms of use remain unaffected in their validity. Ineffective or void provisions are to be replaced by provisions that come closest to the intended content and purpose. The same applies to any gaps in these terms of use.
3. The law of the Federal Republic of Germany applies.
4. If the user is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction is Munich.