Welcome to Battleground Relics (BGR)!
Before you start using BGR, you must read and accept these terms of use, including any future amendments. BGR reserves the right to amend and/or supplement these terms of use and guidelines at all times at its own discretion. You acknowledge that after your acceptance, you will be bound to such amendments or supplements. If you do not accept this agreement and/or violate these terms of use, you are prohibited from using the website and service BGR provides.
1 Scope of the BGR service
1.1 Battleground Relics' mission is to bring together enthusiastic people from all around the world who are interested both in militaria collecting and history. Registered users (hereinafter referred to as “members”) will be able to discuss, display their wartime relics and share photos with each other.
1.2 The BGR service is free of charge for members.
2 Assurance of the members
2.1 You confirm that you bear the sole responsibility for your use of the service, for all contents you exhibit at BGR, and for all resulting consequences.
2.2 You assure that you have all necessary rights, authorizations, and powers to grant the rights granted herein for all contents exhibited at BGR. You are responsible for the due protection of these rights.
2.3 By transmitting or displaying contents via the BGR service, you grant BGR a global, non-exclusive, free-of-charge license for the reproduction, publication, and distribution of this content via the BGR service.
2.4 BGR does not claim any ownership to or control over contents you transmit, display, or exhibit by means of the BGR service.
3 Intellectual property rights
3.1 You acknowledge that BGR is the owner of all rights, titles, and benefits associated with the service, including the intellectual property rights. You undertake not to copy, reproduce, edit, or modify the service and not to produce products derived thereof.
3.2 You acknowledge that without the express written approval of BGR, you are not permitted to reproduce, duplicate, copy, sell, trade, resell, or otherwise commercially utilize (a) any part of the service (b), the use of the service, (c) the access to the service.
4 Prohibited contents
4.1 The publication of contents that violate legal regulations, third-party rights, or moral standards is prohibited. Please observe these provisions. Violation of these provisions may result in immediate blocking of the membership and deletion of all contents of the respective member.
4.2 In particular, the publication of the following contents is prohibited at BGR:
• Pornographic and obscene content: Images containing nude photographs, sexually explicit material, or other material that BGR classifies as graphic are not permitted.
• Pedophilia, incest, and sodomy: Members are not permitted to publish texts or images that promote pedophilia, incest, and sodomy.
• Child pornography: BGR does not tolerate any form of child pornography. All members who publish or distribute child pornography will be deactivated and reported to the responsible authorities.
• Discriminating contents: Members are not permitted to publish material that incites hatred against certain groups on the basis of race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/identity.
• Violent contents: Members are not permitted to publish direct threats of violence against individuals or groups of persons.
• Copyright: Members are not permitted to publish contents for which they do not have the necessary rights, authorizations, and powers.
• Private and confidential information: Unauthorized publication of private and confidential data of others, such as credit card numbers, social insurance numbers, numbers of driver licenses, and numbers of other documents is not permitted.
• Fraudulent appearance: Fraudulent appearance as another person with the intention or effect of deceiving or confusing others is not permitted.
• Illegal use of the service: Our service may not be used for illegal purposes or to promote dangerous and illegal actions. In the event of violation, your account may be deactivated, and you may be reported to the appropriate authorities.
• Spam, harmful code, and viruses: Spamming and transmitting of malaware and viruses is not permitted.
• Advertising: Advertising, promotion, chain letters, and snowball systems are not permitted. In particular, object photographs, object descriptions, and comments may not contain advertising or links to other Web pages.
5 Assurances
5.1 You assure that
• all information that you provide to BGR within the scope of the participation in the service is complete, accurate, and up to date;
• you have all rights, authorizations, and powers needed for the effective conclusion and performance of this agreement.
6 Data protection
6.1 BGR puts great emphasis on the protection of your data:
• you have
• BGR will not sell or lend your data to third parties (i.e. not related to BGR).
• BGR will not forward your personal data to advertisers.
• BGR does not tolerate unsolicited mass e-mail (spam).
6.2 You permit BGR to make your member name and your country of residence generally accessible for all visitors of the BGR website.
6.3 You permit BGR to process and use your personal data for BGR marketing measures such as the transmission of e-mail containing information of a general or advertising nature (newsletter).
6.4 Insofar as the transmission of your data to third parties is not permitted due to a law, you authorize BGR:
• to transmit your personal data to criminal prosecution authorities and supervisory authorities for the purpose of averting dangers to state security and public security and for the purpose of prosecuting criminal offenses;
• to transmit your name and address to a third party in case this is necessary in order to protect legitimate interests of this particular third party.
7 Limitation of liability
7.1 BGR does not provide any warranty and does not assume any liability for the availability, timeliness, security, or reliability of the service.
7.2 BGR reserves the right to change, suspend, or entirely discontinue the service at all times, in particular with regard to any members and for any reasons, with or without prior announcement. In such a case, no claims can be asserted against BGR.
7.3 The member indemnifies BGR against all claims that other members or third parties may assert against BGR, especially due to the violation of its rights by contents that the member uploaded to the BGR website or due to his use of the BGR website site in other ways. The member shall bear the costs of the required legal defense of BGR including all court and lawyer fees. This shall not apply if the member is not responsible for the violation of rights.
7.4 Damage claims of the member, especially the liability of BGR for indirect or consequential damages, are waived to the legally permissible extent. This applies both to contractual claims and to extracontractual claims.
8 Applicable law and place of jurisdiction
8.1 These terms of use are governed by the laws of Switzerland, under exclusion of the UN Convention on Contracts for the International Sale of Goods dated April 11, 1980.
8.2 The ordinary judge at the location of the registered office of BGR is declared to have exclusive jurisdiction over all disputes arising from or in connection with these terms of use. Moreover, BGR reserves the right to assert claims against members at the location of their registered office.
9 Miscellaneous
9.1 All declarations of the members that are transmitted to BGR within the scope of these terms of use shall be sent in writing to info@battlegroundrelics.com.
9.2 All declarations of BGR that are transmitted to the members within the scope of these terms of use will be sent to the mail address or e-mail address stored in the respective member account. The current mail address and the e-mail address of a member are the ones specified in the respective member account.
9.3 BGR reserves the right to amend these terms of use at all times and without specifying reasons. The amended terms will be sent to the members by e-mail no later than two weeks before they come into force. If a member does not object to the validity of the new terms of use in writing within 14 days after receiving the e-mail, the amended terms of use will be deemed accepted. In the e-mail containing the amended terms of use, BGR will explicitly draw the attention of the members to the significance of this two-week period. The accounts of members who do not accept the new terms of use will be deactivated within a period of 30 days from the publication of the new terms of use without further notification.
9.4 Should any provision of these terms of use be invalid, this shall not affect the other provisions. The invalid provision shall be deemed replaced by a legally valid provision whose economic objective comes as close as possible to that of the invalid provision. The same applies to any missing regulations.
BattleGroundRelics, December 2008