The provider of Future History services is
Owner: Rolf Mathis
1. Using Future History services and registration
The use of particular services, however, requires prior registration of the user by providing personal data (in the following “services with compulsory registration”). This registration is also free of charge.
For using these services and for registration, the following rules apply:
1.2 By getting registered, the user declares that all of the data he has provided during registration is truthful and complete. In case of incongruities or doubts about the truthfulness of the provided data, Future History reserves the right to block the respective user account until the truthfulness of the data is clarified.
1.3 By getting registered, the user agrees to being contacted via the mailing address he has provided upon registration so as to clear up dubieties of registration data details, in particular regarding doubts or incongruities, the given verifications or other profile data.
1.4 By getting registered, the user commits to hold true and complete all data with regard to any Future History services he uses throughout the whole time he uses them – and to confirm the truthfulness and completeness of the data upon request by Future History.
1.5 Upon registration, the user consigns a password of his free choice. He commits to keep this password secret and not to allow third parties to use his Future History account. Future History has no access to this password. Only in the course of logging in, Future History will ask the user to enter his password. It is his obligation to choose a password as safe as possible. As a precaution, Future History hereby advises the user to change his password regularly so as to preclude misuse.
1.6 The user relations for the use of services with compulsory registration by Future History starts with the Future History account being activated.
1.7 The user can register with Future History only once. He is not entitled to his Future History account being activated.
1.8 Future History is the owner of any rights over this service and the Future History platform as well as any associated database systems, in particular the ones on which the www.future-history.eu website and the Future History App are based.
2. General obligations of the user and behavioural rules / Divestiture / Suspension of access
2.1 By getting registered, the user commits,
2.1.1 to only provide truthful and complete data,
2.1.2 not to provide misleading information,
2.1.3 if he uploads a profile picture to his Future History account and profile, to only provide a picture that is acceptable under current law. In this context, the user declares to own any rights on the profile picture and to exempt Future History in case of claims by third parties,
2.1.4 to respect current laws as well as the rights of third parties while using Future History services and particularly to refrain from making statements or using contents
- that constitute an offence or defamation of whomever,
- that are of a pornographic, abusive, immoral, violence-glorifying or other illegal nature,
- that abuse absolute rights, in particular the intellectual property of third parties, constitute an unacceptable harassment of third parties according to the spirit of section 7 of the German Unfair Competition Law (UWG) or infringe other regulations with regard to competition law,
2.1.5 to furthermore refrain from
- practicing commercial activities, in particular offering and promoting goods or services, subject to consent by Future History,
- systematically collecting or summarizing content of Future History or other Future History members and forwarding them to third parties as long as Future History has not issued an explicit permission to do so,
- commercially or otherwise utilizing content of Future History or third parties for money without explicit prior written consent of the respective title holder or
- acting in a manner that could impair the integrity and operability of Future History,
2.1.6 to use Future History services only with his personal data as provided upon registration.
2.2 The user is liable for any activities he performs by using his access to Future History and commits himself to refraining from any claims to Future History as long as he is accountable for their occurrence.
2.3 In case of a violation of any of the above rules, Future History reserves the right to remove impermissible content and data without prior notification and without informing the user and – if necessary – to block his Future History account.
3. Concession of utilization rights over user-generated content / Responsibility for content / Indemnity
3.1 The user cedes to Future History a non-exclusive, spatially, temporally and in terms of content unlimited, irrevocable right of utilizing the contents he uploads. In particular, this right encompasses
- the right of duplication, especially of data storage,
- the right of making data publicly accessible,
- the right to public reproduction,
- the right to edit.
3.2 The user is solely responsible for the contents he uploads. Future History scrutinizes these contents without indication or notification neither for their compatibility with current law nor for the conflicting rights of third parties. Nor does Future History scrutinize uploaded contents for their truthfulness, correctness, topicality, completeness, quality or usability.
3.3 The user is kindly asked to notify Future History if he notices a utilization of Future History that is unlawful or in breach of contract.
4.1 Future History reserves the right to make amendments to the Future History services, Applications and any other services, in particular the Future History App. Amendments are only made as far as they are reasonable for the user. Irrespectively, Future History reserves the right to make amendments to Future History services, Applications and other services if
- they are necessary so as to adjust to current law or due to a legal judicial or magisterial decision against Future History,
- adjustments are necessary due to technical reasons, especially in order to remove errors or to close security holes,
- the amendment has no considerable detriments or other significant consequences for the user.
- this is necessary as an adjustment to current law or due to a legal judicial or magisterial decision against Future History,
- such an adjustment is necessary due to technical reasons and has no significant consequences for the user,
- the amendment is completely advantageous for the user, or if
5. Time span and cessation of the user relationship
5.1 The user can end the user relationship with Future History at any time in writing, via e-mail to email@example.com or with the form provided in the account settings. The user’s Future History account, his profile data and contacts are deleted upon cessation of the user relationship. Comments as well as uploaded pictures and tours are either deleted or can, by request, remain visible to all Future History members, but are then made anonymous.
5.2 Regardless of particular, even individually stipulated regulations – if Applicable –, Future History has the right to cancel the user relationship extraordinarily at any time and without abiding to a time limit if it has significant reasons to do so. In this sense, a significant reason is given if certainties exist that make a continuation of the user relationship unacceptable for Future History under consideration of all circumstances and by weighting the interests of both parties. A significant reason is given in particular if the user
- violates legal prescriptions or
6. Availability of Future History
Future History strives to constantly make available Future History services with all their Applications and the Future History App. However, Future History is not liable in cases where the Future History services or the Future History App are temporarily unavailable.
7 Disclaimer and liability limitation
7.1 A liability by Future History is impossible. In particular, Future History cannot be made liable
- for the truthfulness, correctness, topicality, completeness, quality and usability of contents that are uploaded and shared by Future History members,
- for violations of the rights of third parties that are caused by contents or articles generated or provided by users, or
- for the contents of websites that are linked by Future History or its users.
7.2 The above disclaimer under para 7.1 is not Applicable
- in cases of intention or gross negligence,
- for injury to life, limb or health,
- according to the regulations of the product liability law, as well as
- in cases of moderately negligent violation of an obligation that is essential to fulfil the purpose of the contract (cardinal obligation). An essential obligation is an obligation whose fulfilment principally enables the orderly realization of a contract and on whose compliance the contract parties can regularly have confidence in. In the latter case, the amount of the liability of Future History is limited to the damage that is foreseeable and typical for the respective type of deal.
7.3 The above liability limitation is also Applicable for the personal liability of the staff members and representatives of Future History.
8. In-App purchases
Within the Future History App, you have the possibility to acquire additional content as an in-App purchase with costs. The transaction procedure as well as the mode of payment depend on the regulations of the respective App store.
For the user’s elucidation and information, Future History provides a data privacy statement under https://www.future-history.eu/node/4 that can be accessed any time.
10. Other regulations
10.2 Place of fulfilment is Freiburg im Breisgau, Germany. The Freiburg district court has exclusive jurisdiction over any disputes occurring from this contractual relationship, unless the law prescribes otherwise.
Up-to-date: June 2017