as of 05/29/2023
1. General and definitions
QRZ11.com operates a platform on the subject of call signs and radio on the Internet. In addition to its own content, QRZ11.com offers visitors to the platform the opportunity to register and participate in the platform with their own content.
QRZ11.com takes over a user contract concluded between a member and QRZ11.com before May 29, 2023 with effect from May 29, 2023. QRZ11.com enters into all rights and obligations arising from the user contract. In this context, the member is granted the right to withdraw from the contract of use at any time without observing a period of notice (extraordinary right of termination).
2. Using the forum as a visitor
Anyone is permitted to use the platform for the purpose of gathering information.
Contents of the platform may not be reproduced or made publicly accessible elsewhere or integrated in any other way without the express consent of QRZ11.com.
Excluded from this are those contents for which QRZ11.com provides a technical function (e.g. "Download" or "Integrate"). This content may be reproduced or integrated for private purposes. However, there is no entitlement to constant availability of these functions.
The commercial or journalistic use of content requires the express consent of QRZ11.com. QRZ11.com is entitled at any time to demand the conclusion of a separate written agreement with the respective visitor. In addition, an obligation to bear the costs for commercial or journalistic use can be agreed with the visitor.
3. Using the forum as a member
QRZ11.com provides members of the platform with the opportunity to participate in the platform with their own content. This is done in such a way that QRZ11.com stores information about the member on the platform for them.
The information stored is member-generated content. This content can consist of either media content (e.g. photo, video or sound content) or text content. Text content, in particular forum posts, may in turn contain embedded media content. However, they are treated as text content overall.
Content of the member can be viewed by anyone and, if necessary, downloaded. The only exceptions to this are content that is explicitly marked as private or cannot be viewed, e.g. private messages.
QRZ11.com provides a variety of functions on the platform, e.g. a forum, a video and image gallery, a personal area, a search, comment and message function, hereinafter referred to as "applications". A constant and error-free availability of these applications is not owed.
Members are generally entitled to edit, change or delete their content. However, QRZ11.com is entitled to restrict or expand these functions in individual applications at any time, especially when it comes to content that is related to user-generated content from other members, e.g. discussion posts in the forum.
The platform can only be used for private purposes. Commercial use, for example for advertising purposes, is not permitted, but requires the separate written consent of QRZ11.com.
The use of the platform is free of charge for the member.
The platform can be accessed via the Internet. The member is responsible for creating the technical requirements for access to the Internet at his own expense.
4. Conclusion of contract
QRZ11.com makes the Platform available to adult members or such minor members acting with the consent of their legal guardians.
Registration is required to use the platform. The contract for use comes into effect upon successful completion of the registration process.
The conclusion of several usage contracts is not permitted.
A member account is non-transferable and non-inheritable.
QRZ11.com collects personal data of the member as part of the registration process on the basis of separate data protection regulations. The member is obliged to only provide truthful information and to keep their data up to date at all times.
The platform can be used under a pseudonym. QRZ11.com is entitled to refuse the choice of certain pseudonyms without giving reasons and to request the member to choose another pseudonym even after the registration has been completed.
For the purpose of using the QRZ11.com platform, the member receives access data in the form of a user name and password or can define these themselves during registration or change them later if necessary. The member is obliged to keep his access data secret and to inform QRZ11.com immediately about the loss or misuse of the access data. QRZ11.com is entitled to block access data if there is a suspicion of misuse or disclosure of the access data to third parties.
5. Contract termination, blocking, account deletion
The user relationship is concluded for an indefinite period and can be terminated by either party at any time without notice.
The termination can be declared by the member in text form or by using a corresponding function in the member account. QRZ11.com can also terminate the contract by deleting or blocking the member's account.
Upon termination, QRZ11.com will delete Member's personal information unless QRZ11.com is required by law to retain it. In this case, deletion takes place after the end of the retention obligation.
After termination, QRZ11.com will also delete the member's content for which no perpetual right of use was granted, e.g. media content. Content for which an unlimited right of use has been granted will not be deleted, but only made anonymous. In particular, this is content that is related to user-generated content from other members, e.g. discussion posts in the forum.
6. Obligations of the member
The member is solely responsible for the content he/she posts on the platform. The content posted by the member is marked as such. QRZ11.com does not control or monitor this content and therefore does not guarantee the accuracy or quality of this content.
The member ensures that their content does not violate applicable laws and regulations, morality and in particular the rights of third parties (name, personality, copyright, data protection rights, etc.).
The member guarantees that they are the owner of all necessary rights to their content and that they will not infringe any legal provisions or the rights of third parties by storing it. If the member does not own the necessary rights, he guarantees that he has acquired the necessary consents or licenses. In the event that the Member violates these guarantees, he shall indemnify QRZ11.com from any liability and shall hold QRZ11.com fully harmless in accordance with Clause 8 of these Terms.
The member also ensures that their content does not insult, slander, harass or otherwise damage third parties.
The member will observe and follow the netiquette when creating content.
The member also ensures that its content does not contain any damaging source code or any other damaging programming instructions. The member guarantees that the content does not violate §§ 202a), 202b), 202c) and §§ 303a), 303b StGB (computer offences).
The member also ensures that its content
7. Rights of use
The member remains the owner of the rights to his content.
The member transfers to QRZ11.com a free, simple, revocable, sub-licensable and locally unlimited right to use its media content to operate the platform. The right of use includes in particular the right to make the content publicly accessible to any third party and also the right to edit content, for example by creating thumbnails or preview images. This right expires if the member removes their content again or the user relationship is terminated or requests their removal in text form after the end of the user relationship.
The member grants QRZ11.com a free, simple, sub-licensable right of use to its text content, which is required to operate the platform and is unlimited in terms of time and location. The right of use includes in particular the right to make the content publicly accessible to any third party. This right expires if the member makes use of an option provided by QRZ11.com to subsequently edit, change or delete the content. If this option is not provided by QRZ11.com or if the member does not make use of it, the granting of rights is irrevocable, especially if the content is related to user-generated content from other members, e.g. discussion posts in the forum.
8. Availability, Liability
The member releases QRZ11.com from all third-party claims, in particular claims for infringements of rights, which are raised against QRZ11.com, upon first request, insofar as the member is responsible for this. The exemption also includes reimbursement of the necessary expenses that arise or have arisen as a result of legal prosecution/defense. The member is also liable for damages in accordance with the statutory provisions.
QRZ11.com does not guarantee or guarantee the availability and freedom from errors of the platform and the applications in individual cases. Furthermore, QRZ11.com does not guarantee the correct presentation of the content on the platform in individual cases.
QRZ11.com can restrict access to the platform at any time and without prior notice if the security of network operation, maintenance of network integrity, and in particular the avoidance of serious disruptions to the network, the software or stored data require this.
QRZ11.com is only liable to the member for damages that are based on intentional or grossly negligent breaches of contract. This applies accordingly in the event of a breach of pre-contractual or ancillary contractual obligations as well as in the event of defects and consequential damages. QRZ11.com is only liable for slight negligence in the event of a breach of essential contractual obligations, so-called cardinal obligations, insofar as these damages were foreseeable. Furthermore, QRZ11.com is liable for damage under the Product Liability Act and for damage due to injury to life, limb or health. The objection of contributory negligence of the member remains unaffected by QRZ11.com. The above limitations of liability also apply to breaches of duty by legal representatives or vicarious agents of QRZ11.com.
The place of jurisdiction for all disputes arising in connection with QRZ11.com is, to the extent permitted by law, the seat of QRZ11.com.