Date of last update: February 16, 2013
This agreement is subject to Austrian laws (Europe) and the original was written in German language. If this translation conflicts with the German version, the German version controls.
Due to common issues, similarities to other social networks cannot be avoided, but they must not deceive about the autonomy of this terms of service. Purpose and intention are basically different according to the special subject and field of effectivity. While only the claim for a global reach of action is common, the differences are to be noticed and considered carefully.
Quite similarly judgements and laws are cited less word by word than following their sense and meaning, since jurisdiction is coming from different states, while the international and national spheres of responsibilites are still in discussion.
The imprint (German „Impressum“) can be found on each page by the link on the right side in the page footer. Users bringing in their own contents (according to a separate bargain), need to locate their imprint-link on the same place.
This Statement of Rights and Responsibilities further on will be called the "statement". Both Statement and Statute together define the terms of service for the forum UsRulingUs. The statement is a bargain between UsRulingUs (in short called „us“) and all users or others interacting with UsRulingUs. All these persons will be entitled „users“ while both genders are adressed with this term. By using or accessing UsRulingUs a user agrees to this statement and bargain.
Updates will occur in accordance with section 10 below.
In addition the pages introduction and userguide are explaining the intentions uf UsRulingUs and how it works.
The statute needs to be accepted when UsRulingUs is accessed, it's an obligatory part of this statement and of the bargain between us and the user.
For the protection of privacy only usernames (logins) are to be used on principle. Personal data will be displayed according to the application settings chosen by a user on his user-profile. All users are urged to do without any portrait-photos or links to other social networks. Email traffic needs to be basically reduced to groups. Data will be stored and processed by UsRulingUs in several democratic nations (like Austria, Germany or the USA), if these states seem to be sufficient for data-protection at the time.
More on this critical topic is to be found at the imprint, in the statute, in the userguide, and also in this statement. It shall be discussed in the forum as well for further understanding.
A user is the responsible owner of all content and information he creates and posts on UsRulingUs. His intellectual property rights stay in power (e.g. in Germany by law), but he shall point out this fact to readers. If a user sold his property rights (e.g. in the USA), he is to indicate the actual owner.
Every content on UsRulingUs is public on principle. A user gives a reader or another user the following permission to use his contents: readers and users are allowed to quote and use all posted or shared contents free of charge for non commercial purposes, if they cite the owner by his username and refer to the proper page of UsRulingUs as the source of publication.
For contents of third parties the posting user is responsible as follows:
For content that is covered by intellectual property rights (IP content such as literatur, photos, music or videos ), the user grants UsRulingUs an IP License, which is non-exclusive, transferable, sub-licensable, royalty-free, and worldwide allows to use any IP content that the user posts on or in connection with UsRulingUs. This IP License ends first when the user deletes his IP content or his account, but finally it ends only when all other users who had shared this content will delete it as well.
When a user removes IP content, it is deleted from the storing hardware of the server, but it will persist in backup copies for a reasonable period of time. Such backups are not available to any users. This technical circumstances need to be accepted by the user and he agrees to this data management.
For the protection of privacy we strongly recommend all users to avoid any links to other social networks. Do not install any applications (like plugins, apps, addons, buttons) offering such links! We are not liable for mobbing, political diffamation, persecution or other injury probably entailing, if a user makes his person seen by the public along with his engagement.
Note for illustration:
If linking to „Facebook“ for example, the following consequences will occur:
When a user on his own responsibility installs a software-application (a plugin), this application (e.g. a plugin from Facebook) can access his data (like content, contacts and information), and even can access data which third parties did share with him.
In our opinion this results in a cancelling of privacy in favour of a political exposition, which may not be of advantage to the user in all nationes, societies, ethnies, conventions of belief, combines or undertakings in this world. Even worse, such an exposition can hardly be corrected retroactively. For this reason we strongly advise all users to do without linking.
Note:
The application settings a user makes external (e.g. on his Facebook-page), will determine how this external software (in this example the one from Facebook) can use, store and transfer his content, contacts and information.
Comment:
The most effective way to avoid any unintended transfer of data to Facebook or other social networks, is to close external pages and accounts while opening UsRulingUs, and also to stop external cookies storing data. Locking or cancelling an external account will only take effect in the future, but not retroactively as well, if third parties already got involved.
If a user externally chooses the setting „public“ for his data (content, contacts and information) on external, but linked networks (e.g. Facebook), then everybody, including third parties not using UsRulingUs, can access and use his data on UsRulingUs, and also becomes able to relate or associate his data with his person.
A user on his own responsibility needs to explore and take control of any external link he installs.
As far as possible the forum's administration will be done by registered members themselves. Officials like moderators or administrators need to be approved in writing by UsRulingUs before taking up their work.
Users who displayed their person in the public, and this way exposed themselves, can still become speakers, but neet to delegate safety-relevant functions (like moderation or administration) to substitutes.
A user who displays another user's person and this way probably exposes him to political persecution, harms this member or UsRulingUs, and therefore will be dismissed without notice. On demand of attorneys, courts or authorities a writer responsible for such posting or sharing will be named.
UsRulingUs is structured according to linguistic stocks called „language-families“. A network corresponds to a language, this way disregarding continents, nations or ethnies. A user can belong to the language-family he likes, if he is able to write in this language.
Members can freely choose or change their language-family, but can only register a single time. A user may belong to more than one language-family, which meets a „diplomatic mission“ in UsRulingUs.
Registered members shall open a new network in UsRulingUs, if their language is not yet represented, but prior to a new network needs to be permitted by us in writing.
New networks and languages can only be admitted, if all contents are delivered in English or German translation as well. This is absolutely necessary for legal reasons, even if moderators take the responsibility for each content not written in English or German language.
UsRulingUs intends to install all requested languages, but this intention is controlled by the technical and legal possibilities, as well by the available staff and translators. We cannot guarantee that all languages will be represented in the forseeable future, even if we strive for it.
A user is liable for a translation of content posted by him, and he needs to install a link to the page with the original text, so other users can correct or complete his translation. Such a link is also required if translations of translations are posted, and the moderator of the original page is to be named by his username (login). This needs to be for requests, topic posts or decisions as well.
Translations of this statement, of the statute, of the software, or of other legally or functionally significant content (such as user-guide, announcements, patterns of correspondence) need to be approved in writing by UsRulingUs prior to being posted or installed.
There are special pages of the forum to elaborate or discuss translations. In each level the groups shall decide on a translation and shall publish it on the public result-pages, so a reader can view it.
A user will provide his translations free, if no special contract was signed with UsRulingUs.
If a contract or the membership of a translator ends, all posted or installed translations need to remain in UsRulingUs, not to endanger or uproot another network or language-family. Every user agrees that UsRulingUs will not delete his translations once admitted, and he definitely disclaims beyond recall such an erasure.
This disclaimer is only valid for posted translations, not as well for original postings created by the translator. An author can delete contents created and posted by him at any time.
All users and translators agree that their contents can be viewed, read and stored not only by members, but by readers as well. Contents stay on UsRulingUs until they are deleted by all members. Further contents stay available on the worldwide web until they are removed by all readers there too. We emphasize that such a removal is not to be foreseen.
All guests of UsRulingUs are allowed to read. All members are allowed to write. All group members are allowed to vote. All contents are public, if a user does not change this settings for his content. Statute and userguide are to be well noticed on this matter.
All members are asked to write with care, considering that their contents shall be sufficient for a global spreading in the long run. This meets the aim of UsRulingUs to create and install an enduring global way of living.
Comment: Anyway, no fear of mistakes is suggested. To bring up UsRulingUs will be a collective process of learning, wherein mistakes are not only unavoidable, but will be the subject of amendment and thus of learning.
We do our best to make and keep UsRulingUs safe, but we cannot guarantee it. For the sake of the forum's safety a user commits himself to the following rules:
Automated means (such as harvesting bots, robots, spiders, or scrapers) to collect users' data (like content, contacts or information) are prohibited. No user is allowed to access UsRulingUs by automated means without our prior permission.
A user must not solicit login information or access an account belonging to someone else.
It is prohibited to upload viruses or other malicious code.
A user must not post massed sendings on UsRulingUs, such as spam or unauthorized commercial communications, and he must not help or faciliate such sendings.
Unlawful multi-level marketing, such as a pyramid scheme or a snow-ball-system must not be operated on UsRulingUs, and no user is allowed to engage in such marketing.
It is prohibited to insult, mob, diffame, bully, intimidate, or harass any user, or to harm his dignity, or to have a user in trouble in any other way.
On UsRulingUs it is prohibited to arrange or supply contacts to users under age, if not for the admittance to a group or for the communication within this member's group.
Advertisements of alcohol, nicotine or other drugs are not allowed on UsRulingUs. This restriction is also valid for other contents which might mislead readers under age, or addicts, or similarly endangered persons.
UsRulingUs must not be used in any way to propagate or create illegal, betraying, misleading, inciting, vicious, malicious or discriminating activities.
It is prohibited to bring in threatening, or pornographic contents, or to post hate speech, or to glorify violence, or to encourage it.
Contents violating the (German or Austrian) law against reactivation of Nazi propaganda („Verbot der Wiederbetätigung“) will be deleted by us as soon as possible, after getting knowledge of such contents. Any user responsible for such a post will be dismissed and named to the authorities.
Contests, giveaways or sweepstakes (promotions) must not be offered or publicized on UsRulingUs without our prior permission, even if they follow all applicable laws.
A user needs to abstain from any harming activities (such as denial-of-service-attacks) that could disable, overburden, or impair the proper working or appearance of UsRulingUs, or could interfere with page rendering or other functionality of UsRulingUs.
A user must not facilitate or encourage any violations of this statement, or of the statute, or of the imprint in any ways.
A valid email-adress is required to join up and register at UsRulingUs. In the obligatory fields true informations are to be provided. A user makes the following committments to maintain the security of his user account on UrRulingUs:
A user must not create more than one personal account and will not transfer it to another person.
If we disable a user's account, he will not create another one without our permission.
Personal information on UsRulingUs needs to be true and to be provided only by the user himself or by his authorized representative.
When registering a user declares his agreement that UsRulingUs will store and process his data as far as necessary. The necessary extent is controlled by the functionality and safety of UsRulingUs. Storage and processing of data will be done in different states which in our view seem apt to secure data at the time. This states may change if required.
A user will keep his contact information accurate and up-to-date.
Users aged under 14 will be instructed and supervised by parents or entitled educators when using UsRulingUs.
A user must not share his password or let other persons access his account. Also other activities need to be omitted if they might jeopardize the security of a user-account.
The transfer of a user-account to another member needs our prior permission in writing. Any transfer of a user's page, content or program is included in this rule.
A user-profil must not be used for the user's commercial gain. For this purpose special pages of a member shall be used after being admitted by UsRulingUs.
We reserve the right to remove or reclaim any suspicious, improper or misleading username or pagename, if we think this is necessary.
Comment: Such a case may occur, if a prominent person or owner of a trademark complains about a username that is suggesting a missing identity, relation or participation.
A convicted sex offender must not use UsRulingUs to surch or establish dates or personal relations. If he is unable to meet this rule, he must not use UsRulingUs at all. If such complaints are posted, the account will be deleted without notice and the member will be named to authorities or attorneys engaged in the clearance of the case.
Other people's rights and their dignity are to be strictly respected according to the following rules:
A user must not post content or take any action on UsRulingUs that infringes or violates someone else's rights, or otherwise violates a law of the state where he is citizen.
On principle no portraits, fotos or recognizeable images of someone else are to be posted or shared without permission of the displayed person.
Comment: This is necessary since a user cannot know if the shown person is, or has been, or will become a member.
If a user detects a violation of his intellectual property right, his ownership or copyright, his right of controlling his personal foto, or of his trademark, he is asked to notice UsRulingUs using the contact form. We will remove such content as soon as possible after being noticed of the violation.
Each content or information posted by any user on UsRulingUs can be removed by us, if we detect a violation of this statement, of our guidelines, of our statute or imprint, or of a state's law.
If we remove content for infringing someone else's copyright, but the author thinks we removed it without reason, he is asked to contact us and to appeal. If we cannot clear violations of copyright with the help of members, both parties will be referred to take legal action.
If a user repeatedly infringes other people's intellectual property rights, he will be dismissed.
Our copyrights and trademarks (such as UsRulingUs, GOL-Government Of Life, UsRulingUs- or GOL-logos, or confusingly similar marks) must not be used by members or third parties without our prior written permission.
If a user wants to collect information from members, he needs to obtain their consent as well as our's in advance. In addition he needs to make it clear that he (and not UsRulingUs) is the one collecting this information. Further he needs to post a privacy statement explaining what information he collects and how he will use it.
Identification documents, not public documents, or sensitive financial information of persons, unions or societies must not be posted, shared or displayed on UsRulingUs, regardless of a ownership by members or third parties.
Emails must not be sent without the receiver's consent if using tools of UsRulingUs.
Partnership, friendship or group-membership must not be claimed by a user, as long as not admitted by the concerned members.
If mobile services of third parties are used, the normal rates and fees of the carrier still will apply (such as text messaging fees), and are to be paid to the carrier as usual. UsRulingUs has no influence on this circumstance and advises all users to consider and settle rates and fees in advance.
If a user changes or deactivates his mobile telephone number, he will update his account information on UsRulingUs within 24 hours to ensure that his messages are not sent to the person who acquires his old number.
A user will provide his consent and all rights necessary to enable other users to sync (including through an application) their devices with any information that is visible to them on UsRulingUs.
We preserve the right to deliver ads and commercial content that we consider meaningful to our users, or useful for the continued existence of UsRulingUs.
A user agrees to this policy by using the forum.
Advertisements installed by users on their pages need to be admitted by UsRulingUs in advance.
We appreciate every suggestion to improve the forum UsRulingUs. There will be special pages to discuss and decide internal rules. As far as technically and legally possible such decisions will be regarded and installed in the forum software.
Every user posting suggestions agrees that we may use his proposals free of payment or compensation, and in return only can try to provide a better forum.
We preserve the right to change this statement for legal, technical or administrative reasons. Amendments will be posted on UsRulingUs 30 days in advance, and a proper page will be indicated.
Users resident in Germany will be noticed in addition by email, explaining the amendment and the period of 30 days as well.
We will make such changes only if the rules fail to work properly, or if they show to be uncomplete, and if the changes are reasonable to a user when considering his interests.
A user will explain his refusal of such changes by deleting his account.
A user accepts the amended terms when he continues to use UsRulingUs after a change of the statement.
A user can delete his account at any time. A deletion is irrevocable.
We can stop all or part of UsRulingUs to a user, if he violates the letter or the spirit of this statement, or otherwise creates risk or possible legal exposure for UsRulingUs. The user will be notified of this circumstance by email or at his next attempt to login.
For users resident in Germany a special rule is valid, if a German law can be asserted in an Austrian legal procedure. It can be found here.
In all such cases, this statement shall terminate, but the following provisions will still apply:
lit. 2.3, lit. 2.4, from lit. 3 up to 5 (including 5), from lit. 9 up to 15 (including 15).
A user declares to use UsRulingUs in his free discretion and also free, without any return service, as long as no special bargain is signed in addition to this statement.
A user reasonably declares that he will consider to be using UsRulingUs free of charge, in all disputes with us, or claims on UsRulingUs which might occur.
A user will not charge UsRulingUs with only onesided or immoral claims, as long as no agreed return service has been received by us.
A user will resolve any claim, cause of action or dispute (claim) he has with us, arising out of or relating to this statement or UsRulingUs, exclusively in a court located in Vienna, Austria.
Austrian laws will govern this statement, as well as any claim that might arise between a user and us, without regard to conflict of law provisions. A user agrees to submit his claim to the personal jurisdiction of the courts located in Vienna, Austria, Europe, for the purpose of litigating all such claims.
I anyone brings a claim against us related to a user's actions, content or information on UsRulingUs, this respective user will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
A user agrees to the following restriction of our responsibility when accessing UsRulingUs:
Although we provide rules for user conduct in this statement, in the statute and on apt forum pages, we do not control or direct any user's action on UsRulingUs. We are not responsible for the conduct of any user of UsRulingUs, whether online or offline.
We are not responsible for the content or information users post, share, submit or transmit on UsRulingUs. We are not responsible for any insulting, offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information a reader might encounter on UsRulingUs.
Our responsibility is restricted to remove unlawful content as soon as possible, after being noticed of such content.
We try to keep UsRulingUs up, bug-free, and safe, but it is used at the user's own risk. We are providing UsRulingUs as is, without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that UsRulingUs will always be safe, secure or error-free, or that UsRulingUs will always function without disruptions, delays or imperfections.
UsRulingUs will not be liable to a user for any consequential damages a user might sustain by a temporary or fatal failure of the technical devices or pages of UsRulingUs.
UsRulingUs will not be liable to a user for any lost profits or other consequential, special, indirect, or incidental damages arising out of, or in connection with this statement or UsRulingUs, even if we have been advised of the possibility of such damages.
UsRulingUs is not responsible for the actions, content, information or data of third parties. If posting, sharing or using such data the responsible user releases us (UsRulingUs, publisher, media-owner, managers, officers, employees, and agents) from any claims and damages, known and unknown, arising out of, or in any way connected with any claim the user has against any such third parties.
A user also waives explicitely from such claims which he does not know or suspect to exist in his favour at the time of executing this release (while joining up), and which if known by him must have materially affected his settlement with UsRulingUs.
Our aggregate liability arising out of this statement or UsRulingUs will not exceed the amount the user has paid us in the past twelve months.
If applicable Austrian law does not allow the limitation or exclusion of liability or incidental or consequental damages, the liabilty of UsRulingUs will be limited to the fullest extent permitted by applicable Austrian law.
For users resident in Germany special restrictions of liability are valid, if a German law can be asserted in an Austrian legal procedure. It can be found here.
UsRulingUs strives to create a globally enduring way of living, while its rules will be created and decided by the members themselves. Still there are to be considered and followed regional laws of real states and governments.
The following provisions apply to users resident outside the USA:
A user consents to having his personal data transferred to and processed in other states (such as Austria, Germany or the USA).
A user will not engage in commercial activities on UsRulingUs (such as advertising or payments) or operate a forum application or website, if he is located in a country embargoed by the United States, of if he is on the U.S. Treasury Department's list of Specially Designated Nationals.
This statement is an agreement between the user and the media-owner of UsRulingUs according to the imprint.
This statement together with the statute make up the entire agreement between the parties regarding UsRulingUs (these are all users without an additional special bargain and UsRulingUs), and supersedes any prior agreements.
For users with a special bargain this statement stays valid, while the special bargain will only controll special items in addition. Exemptions from this statement need to be entirely agreed in the special bargain.
If any rule of this statement is found to be unenforceable or becomes reversed at court, the remaining rules will remain in full force and effect.
If UsRulingUs fails to enforce a rule of this statement, or is acting on this item with delay, it will not be considered a waiver.
Any amendment to this statement must be made in writing and be posted by UsRulingUs. Any waiver of this statement in addition must be signed by UsRulingUs.
A user must not transfer any of his rights or obligations under this statement to another user or third party, if we did not agree prior to in writing.
All of our rights and obligations under this statement are freely assignable by UsRulingUs. UsRulingUs can freely choose a successor, or may completely abstain from any succession. Such an assignment can occur in connection with a merger, acquisition, or sale of assets, or by operation of law, because of age, or otherwise.
A user will not claim a succession of UsRulingUs. Instead he may offer UsRulingUs to become a successor himself. A succession needs to be assigned by a separate bargain between us and the proposer.
Nothing in this statement shall prevent us from complying with the law, whatever user or state will assert the law.
A user will comply with all applicabel laws when using or accessing UsRulingUs.
We reserve all rights not expressly granted to the user.
This statement does not confer any third party beneficiary rights. Every person or legal entity not registered on UsRulingUs is to be understood as a third party.
Copyright © UsRulingUs 2013
Loading ...