The services on plixxer are provided to you by us, VON DONAU GmbH, Düren. Please take the time to read our terms of use carefully. These terms of use and our content policy are the binding basis for your access to the platform and the use of our services on plixxer.app (plixxer). When you register for a user account on plixxer, you will be explicitly asked to confirm that you have taken note of these terms of use and acknowledge their validity.

The male form chosen in this document to denote persons always refers to female, male, and diverse persons at the same time. For the sake of better readability, gender-specific writing and multiple designations are omitted. All personal designations are therefore to be understood as gender-neutral.

1. About plixxer
The content and comments posted on plixxer are referred to as content. plixxer offers you current content and you choose your topics and interests. You have the opportunity to react to content on plixxer by writing comments and posting your own content of any kind (texts, images, audio files, and videos) and to exchange ideas with others.

A prerequisite for interacting with content on the platform is your registration for a user account on plixxer. You can comment on other people's content or contribute by providing your own content.

2. Using plixxer
2.1. plixxer is a freely accessible platform that is generally free of charge for users. By using plixxer, a binding usage contract is concluded between you and us. The subject of this contract are these terms of use and our other policies included here; especially our content policy, which you can find here.
 2.2. You must be at least 16 years old to use plixxer at registration. If you are under 18 years old, you need the consent of your parents or legal guardians to register for a user account on plixxer. To effectively grant their consent, your parents or legal guardians must have taken note of these conditions. If your parents or legal guardians consent to your use of plixxer as a minor, they are responsible for your activities on plixxer.
2.3. You are prohibited from using plixxer if we have already deactivated a user account of yours due to violations of these terms of use or other contractual provisions, or if you are excluded from our service under generally applicable laws.

3. Your User Account
3.1. When opening your user account on plixxer, you are obliged to provide the required information accurately and completely. The email address you provide will also serve as our means of communication with you. In the case of false information when opening your user account, we have the option to block your user account and delete content from you. You are obliged to keep up to date the data with which you registered. You are aware that in the case of certain criminal and civil claims, we are allowed to disclose your data to the appropriate authorities; for example, in cases of insults or suspicion of criminal offenses.
3.2. When creating your user account, you can choose a pseudonym as your username, which does not have to match your real name. The username can be freely chosen by you as long as you do not infringe the rights of third parties (e.g., personal or trademark rights) or the pseudonym has not already been chosen by another user. Domain names or URLs are not allowed as usernames. In the event that we come to the impression that the username you have chosen is likely to infringe the rights of third parties or violate the principles of our content policy, we reserve the right to change the username you have chosen.
3.3. When creating your user account, you can choose a pseudonym as your username, which does not have to match your real name. The username can be freely chosen by you as long as you do not infringe the rights of third parties (e.g., personal or trademark rights) or the pseudonym has not already been chosen by another user. Domain names or URLs are not allowed as usernames. In the event that we come to the impression that the username you have chosen is likely to infringe the rights of third parties or violate the principles of our content policy, we reserve the right to change the username you have chosen.
3.4. If you violate these obligations and your user account is used by third parties, you are liable for all activities that take place using your user account. You are not liable only if you can prove that you are not responsible for the misuse of your user account.

4. Your Content on plixxer
4.1. With your own plixxer account, you have almost unlimited possibilities to react to posts on plixxer or the comments of other users. You can post your content in almost any format (text, images, videos, voice messages, music, etc.). A prerequisite for the publication of your content is that you adhere to our content policy and do not otherwise violate legal provisions or the rights of other users or us.
4.2. Among other things, you are obliged to

  •     not upload content to plixxer or link to it that violates applicable law or good morals in its content, form, or design or in any other way. Please ensure that your content does not violate criminal law, competition law, and youth protection law, or infringe third-party rights such as names, trademarks, copyrights, image rights, and data protection rights;
  •     not to post unlawful, misleading, discriminatory, or fraudulent content or to take actions;
  •     to treat other users respectfully and not to become offensive or unreasonable when you represent a different opinion;
  •     not to reveal the anonymity of other users, not to disclose information from other users from private messages, emails, or chats that are not intended for the public, or to post other private or confidential information of another person without their explicit consent;
  •     not to attempt to create additional user accounts in an unauthorized manner;
  •     not to upload viruses or harmful codes or do anything that could impair the proper functioning or appearance of our platform;
  •     not to access content and other data of our platform using automated methods without our express prior consent, not to collect such or otherwise try to access data for which you have no authorization;
  •     not to link in your postings to websites and content that are contrary to our content policy or legal provisions.

4.3. You must refrain from anything that is likely to impair the operation of plixxer or the underlying technical infrastructure. This includes, in particular: the use of automated procedures, scripts, or databases in connection with the use of the platform; automatically reading, blocking, overwriting, modifying, copying data and/or other content, unless this is necessary for the proper use of the platform and has been expressly and in advance authorized by us.

5. Responsibility for Your Content
5.1. You alone are responsible for the content you post on plixxer. Your content on plixxer is subject to our content policy, which you expressly accept together with these terms of use when opening your PLIXXER account.
5.2. Should your use of content constitute an infringement of third-party rights or legal provisions, we are obliged to remove this content after positive knowledge of this legal infringement. In this case, we will follow the corresponding provisions of the Network Enforcement Act (NetzDG).
 5.3. You are solely responsible for content that you upload and post. We are to be indemnified by you from any damages resulting from recourse or claims due to an infringement of industrial property rights (in particular copyright, trademark, and name rights) and general personality rights by content you posted on plixxer or other behavior of yours on and in connection with plixxer. You agree to reimburse plixxer for all costs incurred by us due to claims by third parties resulting from the aforementioned actions. You also agree to assist us in defending against such claims. The reimbursable costs also include the costs of appropriate legal defense.

6. Compliance with Copyright and Trademark Law
6.1. Only content that you have created yourself or for which you have all the necessary rights for use may be posted on plixxer; that is, for which you have, in particular, the necessary copyright and/or trademark rights.
6.2. There is copyrighted content on the internet (e.g., images) to which the rights holder grants you the necessary license rights for use free of charge. Whether and to what extent this is actually the case must be clarified by you beyond any doubt. If you have doubts about whether you have the necessary rights to the content you are using, you should not use it on plixxer. Note that a free grant of rights to use content may be associated with the binding request of the author that he always be named as the author when his work is used. On the other hand, linking to foreign, freely accessible content on the internet is unrestrictedly possible.
6.3. Freely accessible content from plixxer can in turn be embedded by you on other websites through embedding or framing and, of course, linked from there to content on plixxer. This does not constitute a violation of copyright law; as long as we have not taken technical measures against embedding in individual cases and you have deliberately circumvented these.

7. Usage Rights Granted by You to plixxer
7.1. When you post content on plixxer, you grant us the non-exclusive, transferable, sublicensable, unlimited in time and space, free of charge right to store, use, distribute, modify, perform, reproduce, publicly display, and make accessible your content, to translate and create derivative works from it. You grant us these rights solely for the purpose of providing plixxer as a service. For example, if you upload a picture of yourself on plixxer, you grant us, among other things, the necessary permission to store your picture on our servers, copy it to other systems, process it for the purpose of operating our platform, and display it to our users. If necessary, we have the right to edit your contributions, for example, to add to, shorten, or correct them.
7.2. You waive your right to be named as the author in any case.
7.3. We may place advertising around your contributions to finance our offer on plixxer. This does not result in any claim to remuneration for you.

8. Our Rights to the Brand, Design, and Our Own Content
8.1. You agree not to reproduce or copy plixxer in whole or in part. We expressly reserve all rights to our trademarks, logos, program codes, techniques, graphics, designs, and compilations or databases.
8.2. We welcome every link to content on plixxer and the embedding of content from plixxer on other pages on the net. However, copying and distributing the content further violates the copyright of our users and us. If you want to quote from content on plixxer, you are obliged to cite plixxer as the source.

9. Our Trademark Usage Policy
The word mark 'PLIXXER' is protected as a registered trademark. But of course, we are happy about every mention of plixxer and the representation of our brand and designs - in any form - by you also outside our platform. This is permitted if it is explicitly allowed in our trademark usage policy or if we have previously expressly permitted it in writing. Our brand policy provides guidance on how our brand and logos should be used.

10. Unlawful Content According to NetzDG
10.1. In the event that you wish to complain about content posted by other users because you have the impression that it seems to have unlawful, criminally relevant content, we will set up a suitable procedure in accordance with the Network Enforcement Act (NetzDG) so that you can reach us directly via corresponding links on plixxer.
10.2. After becoming aware of your complaint, we will check whether the content reported in the complaint is unlawful and needs to be removed from the platform. In the case of obviously unlawful content, we will remove or block it as quickly as possible.
10.3. If, however, the decision on the unlawfulness of the content depends on the untruth of a factual claim or is clearly based on other factual circumstances, we will give the user who posted the content in question the opportunity to comment on the complaint before making a decision. We will inform you and the user who posted the disputed content of any decision with a justification for our decision.
10.4. In the case of the removal of the disputed content from the platform, we will secure this content for evidential purposes and store it for this purpose for a period of ten weeks.

11. No Liability for External Links
11.1. On plixxer, there may be links to third-party websites that neither belong to plixxer nor are reviewed by plixxer. In principle, we do not adopt the content of third-party websites as our own. Should we exceptionally adopt such content as our own, this will be expressly indicated by us in the individual case. If plixxer becomes positively aware of unlawful content on a website to which a link has been made, we will remove the link immediately after an appropriate review.
11.2. plixxer does not make recommendations for information or products and therefore bears no responsibility for them. If you click on external links, you do so at your own risk. We exclude any liability for access to other services, third-party content, or websites for us.

12. Termination
12.1. You can terminate your usage contract with plixxer at any time by deactivating your user account immediately.
12.2. Your termination does not automatically lead to the deletion of your content. The rights you have granted to plixxer for your content will continue to exist even after the termination of the usage contract. The permanent deletion of your content must be initiated separately in your user account. A reversal of the deletion is not possible. If your user account has already been deactivated as a result of your termination, we will delete your content after receiving your request to do so. To legitimize yourself in this case, please send a written request for the deletion of your content by email from the email address used for your registration on plixxer and also mention your username on plixxer.
12.3. The personal data associated with your user account will be deleted by us after deactivation of your account and deletion of all your content.
 12.4. plixxer has the right to terminate the usage contract existing with you at any time for good cause and without prior notice. In this case, your user account will be deactivated by us, so that you will no longer have access to plixxer as a registered user. An important reason may exist, in particular, if you violate the obligations from these terms of use, our content policy, laws, third-party rights, and it cannot be reasonably expected of us to continue to grant you access as a registered user due to the severity or frequency of your violation. If you believe that we have deactivated your account erroneously or without reason, you can ask us by email to review and possibly reactivate your user account.
12.5. plixxer may temporarily deactivate your access to your user account for appropriate reasons at our discretion for the purpose of reviewing whether the conditions for a final deactivation exist. In this case, you will receive a corresponding notification from us with a justification for the deactivation and the opportunity for you to comment. If deactivation does not appear justified thereafter, we will reactivate your user account.

13. Liability
13.1. plixxer aims to provide the best possible service with high availability and accurate content. However, our service and content on plixxer are generally offered without warranty and without implied or express guarantees. This excludes, for example, a warranty for continuous availability of our servers or a fully or partially restricted possibility of using our offers for other reasons. This exclusion does not apply if we have made individual contractual arrangements with you deviating from this in the case of agreeing on paid services. You have no claim to the maintenance of individual functionalities on plixxer. We may restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns, and events over which we have no control.
13.2. We are generally not liable for damages in connection with the operation and your use of plixxer. This general exclusion of liability does not apply in cases of damages caused intentionally or through gross negligence, as well as in cases of damages resulting from injury to life, body, or health. In the event of a breach of essential contractual obligations, which is based only on simple negligence, plixxer is liable only for the replacement of the foreseeable, contract-typical damage. Essential contractual obligations are abstractly those obligations whose fulfillment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties can regularly rely. Except in the cases mentioned above, we are not liable for damages caused by simple negligence. Insofar as our liability is excluded or limited according to the preceding paragraphs, this also applies to the liability of our vicarious agents.

14. Data Protection
14.1. You can find our privacy policy here.
14.2. We do not disclose your personal data to third parties, such as our advertising customers. Information that directly identifies you (such as your name, email address, or other contact information) would only be passed on if you explicitly allow us to do so. On the other hand, advertising customers may, for example, tell us which target group should see their advertisements. We then show these advertisements to users who are likely to be interested in them.

15. Changes to the Terms of Use
15.1. We are constantly working on the development and improvement of our services, other offers, and functions. Therefore, we will need to supplement and update these terms of use from time to time so that they still match our offers. In making changes, we will consider that the changes are reasonable for you, taking your interests into account, and do not disadvantage you inappropriately.
15.2. We will notify you by email at least 30 days in advance before changes to our terms of use are to take effect, so that you have the opportunity to review the planned changes in a timely manner. However, this does not apply if changes are required by law or on a legal basis. In our notification, we will inform you about this 30-day period and its significance. Once updated terms of use take effect, you are bound by them if you continue to use our products.
15.3. If you do not agree to our updated terms of use and no longer wish to use plixxer, you can deactivate your user account and delete your content at any time.

16.  Final Provisions
16.1. Should problems with plixxer arise for you that lead to disputes, you commit to contacting us first to resolve the problem together in an unbureaucratic manner.
16.2. The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with plixxer. In business dealings with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms of use and the individual contracts concluded under their validity is exclusively agreed to be the seat of plixxer Media GmbH.
16.3. These terms of use do not grant any third parties any rights of favor. All contractual rights and obligations granted to us within the scope of these terms of use are freely assignable by us.
16.4. Should these terms of use have not become part of the contract in whole or in part or are individual provisions of these terms of use wholly or partially ineffective or unenforceable for other reasons, the contract remains effective in all other respects. Insofar as these provisions have not become part of the contract or are ineffective, the content of the contract is governed by the statutory provisions.