Terms of Use

(1) Operator and User

These Terms and Conditions of Use (“Terms of Use”) are a binding legal agreement between the platform’s operator, Stiftung Mercator (“the operator”) and registered users (“users”). Users are all members who have been activated by the operator as such.

(2) Object of the Agreement

MercatorGlobe” is the operator’s platform accessible via the URLs https://mercatorglobe.de and https://mercator-alumni.de, through which registered users can exchange information and communicate via messages and comments. Use of MercatorGlobe is restricted to users who accept these Terms of Use.

(3) User Rights and Obligations and Netiquette

3.1 Your personal password must be kept secret from third parties. Should users have reason to believe that others know their password, it must be changed immediately. Passwords can be changed in the user profile.

3.2 Users must be aware of the consequences and significance of the collection, processing and storage of personal data and understand their meaning and these Terms of Use. The use of "MercatorGlobe" is only permitted for persons at least 14 years old. Parents or guardians are responsible for protecting their children’s privacy. Youngsters under the age of 18 wishing to use MercatorGlobe must involve their parents or guardians and ask if they agree to registration and use. Proof of the parental consent for the processing of the personal data of the minor and the exemption from liability for damage caused by the minors must be provided. Minor users must ask their parents or guardians for permission before posting information about themselves on the Internet.

3.3 MercatorGlobe users are responsible for their activities on the entire platform. Only content and statements that do not violate the rights of others (especially copyrights and ancillary copyrights) may be published. It is expressly forbidden to communicate, transmit or post content and/or statements that are illegal – especially those with insulting, discriminatory or pornographic content, and those that glorify violence or offend public morality. This also covers content that can be accessed via links posted by users. The use of offensive content and designations, as well as other representations suspected to be illegal but that cannot be conclusively determined, are prohibited.

Unauthorized activities, content and/or statements include but are not limited to:

  • Content that violates human dignity and religiously or politically extreme content, as well as content that is racist or hateful, or that glorifies war.
  • Content that is harmful to young people.
  • Any representation and incitement to violence against people, institutions, and animals.
  • Conspiracy to commit criminal and terrorist acts.
  • The use of insulting or defamatory content, whether or not it concerns other users, staff, other persons or institutions.
  • The unacceptable nuisance of other users, especially through spam (see Sec 7 of the Act Against Unfair Competition, UWG).
  • Content protected by law (e.g., by copyright, trademark, patent, design or utility model law) or the unauthorized advertising, promotion and/or distribution of legally protected goods or services.
  • Using MercatorGlobe for commercial purposes. Sending unsolicited product content (spamming) is prohibited. This includes chain letters, games of chance and appeals for donations.

3.4 Actions intended to interfere with the operation of the platform or to render MercatorGlobe inoperative are prohibited and can be prosecuted under civil and criminal law. Particularly actions that could affect the platform’s logical and physical structure are prohibited.

3.5 Data and content on MercatorGlobe may not be read out for the purpose of collecting data, stored, processed, modified or forwarded, either manually or automatically, without permission. Data and content may not be used for commercial purposes or otherwise misused. Technical attacks that aim to alter, misuse, delete or otherwise damage individual users’ data in whole or in part are prohibited.

(4) The Operator’s Tasks, Rights and Obligations

4.1 With MercatorGlobe, the operator provides a platform for users to contact and exchange with others. Technical applications are provided solely for these purposes. There is no guarantee that contacts will be established. The operator endeavours to ensure the proper functioning of the platform.

System availability may be impaired by maintenance or other factors. There is no claim for compensation.

4.2 The operator does not systematically check content or user statements before they are disseminated, transmitted or published on MercatorGlobe. In case of well-founded suspicion, however, the operator reserves the right to remove content, statements or links that are prohibited in accordance with Section 3.2 of these Terms of Use without prior notice or explanation. In case of disregard or suspected violation of the Terms of Use, the operator notifies the user of a deadline to respond or to end the wrongdoing. If the user does not respect the deadline or if the violation is so serious that a continuation of the user relationship is unacceptable, the operator is entitled to immediately exclude or notify the user of termination. Termination must be in writing.

(5) Terminating an Account

Users can request to have their accounts deleted at any time by e-mailing the operator at: alumni@stiftung-mercator.de. All of the user’s personal data will be deleted. This process is irrevocable.

(6) Liability

6.1 The operator has taken the greatest possible care in compiling the contents of MercatorGlobe. The operator assumes no liability for the correctness, accuracy or absence of error of the information provided there.

6.2 The operator assumes no liability for content published by users. Users guarantee that the content they publish (including statements and contributions) can be used free of third-party rights. Users shall indemnify the operator of all claims, including those for damages that other users or third parties may assert due to the infringement of their rights by content published by users on MercatorGlobe or due to infringement of the aforementioned obligations and/or harmful acts of the users. Users shall bear all reasonable costs incurred by the operator as a result of their infringement of third-party rights, including reasonable costs for legal defence. These obligations do not apply if the user is not responsible for the infringement in question.

6.3 The operator assumes no liability for the content of external websites. Operators of linked pages are solely responsible for their content.

6.4 Users are liable for all damage they cause the operator. Section 6.2 remains unaffected.

6.5 The operator, its legal representatives, and vicarious agents are liable for intent and negligence in the event of a breach of material contractual obligations, i.e., those that make proper execution of the contract possible in the first place and on whose observance users may rely. In the event of gross negligence, however, this is limited to damage that is foreseeable and typical for the type of contract. The operator, its legal representatives and vicarious agents are otherwise only liable for damages caused by intent or gross negligence. In the event of gross negligence, liability is limited to damage that is foreseeable and typical for the type of contract; the operator is not liable for indirect damage and consequential damage.

The aforementioned limitations and exclusions of liability do not apply in the event of injury to life, limb or health, or in the event of claims under the Product Liability Act.

(7) Ongoing Development of the Services and Changes to the Terms of Use

The content and functions of MercatorGlobe are constantly being developed and improved. The operator is entitled to make modifications to the service that are in its interest, provided they are appropriate for the user. When changes are made, the Terms of Use are adapted and updated. Registered users are informed of major changes. At "https://mercatorglobe.de/terms_of_use/" you may read and print the current version.

(8) Termination of Services

The operator is entitled to terminate the service within a certain period, and in doing so, to delete user content and block user access.

(9) Copyright/Usage Rights

The copyright for posted contributions remains with the user. The user grants the operator has the right to move or delete contributions from the platform. Users can delete their contributions at any time.

(10) Miscellaneous

10.1 There are no oral agreements concerning use of the platform. The legal invalidity of individual parts and provisions of these Terms of Use shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be retroactively replaced by a legally valid regulation that comes closest to the meaning and purpose of the original provision.

10.2 This contract is governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The place of jurisdiction is Essen.

10.3 The German version of the Terms of Use is the legally binding version.

Stand: 27.04.2020