Pentributor Terms of Use

Pentributor Terms of Use for pendect.com

Special terms of use for Pentributors

Dated: March 2020 

These Special Terms of service for Pentributors (hereinafter "Pentributor-Terms") apply to the use of the website https://pendect.com or mobile application (hereinafter collectively "platform") of Pendect as an active member of the community (hereinafter "Pentributor").

The Pentributor may create its own content (hereinafter "Cards") for the platform. Pendect will publish these Cards if applicable.

These Pentributor-Terms supplement our Terms of Service. You can find these here. The Pentributor Terms therefore apply in addition to our Terms of Service. In addition to these Terms of Service and Pentributor-Terms, the Pentribution & Content Guidelines also apply. You can find these here.

You can view and print out the current Pentributor-Terms under https://beta.pendect.com/terms-of-use.

Pendect provides the platform and its services for Pentributors (hereinafter “services”) free of charge.

  1. Registration

    1. Every Pentributor who wants to create Cards has to register on the platform. The registration is free of charge for the Pentributor.

    2. You can create a user account ("Pentributor Account") with us. During the registration, you chose a password and a user name (alias). Pendect reserves the right to block individual aliases if Pendect believes that the alias violates the rights of third parties or the law.   Furthermore, the creation of a Pentributor Account is only possible with a current email address of the Pentributor. You can find more information about how we handle your data in our privacy policy.

    3. If you already have an Account according to our Terms of Service, you can continue using it as a Pentributor. For this you just have to click on the relevant button in your account settings and accept these Pentributor-Terms.

    4. The Pentributor is committed to keep this password secret. No Pentributor may register for more than one Pentributor account. If the Pentributor Account is blocked by Pendect, it is not allowed for the Pentributor to create a new Pentributor Account.

    5. You are entitled to add further information to your Pentributor account, such as the full name, a profile picture, links to your social media profiles, a bio and a location. 

  2. Use of the services

    1. By using the Pentributor Account, the Pentributor may create Cards and publish them on the platform.

    2. Pendect is not obliged to publish the Cards.

    3. Unless explicitly indicated Pendect will not create Cards itself. Pendect may - however generally will not - review Cards created by Pentributers prior to publishing them. Content of Pendect is marked with a small "T" for "Team" after the "alias".

  3. Obligation of the Pentributor

    1. The Pentributor agrees to follow the Pentribution & Content Guidelines.

    2. As a Pentributor you are committed not to upload content to the platform that by its content or form or design or in any other way violates applicable law or morality. In particular, the Pentributor commits himself to observe applicable law (e.g. criminal law, competition law and law for the protection of minors) when uploading content and not to violate the rights of third parties (e.g. name, trademark, copyright, image and data protection rights).

    3. It is not permitted to distribute content that includes

      - Racism,
      - Glorification of violence and extremism of any kind,
      - Incitement to criminal acts and violations of the law, threats against life, body or property,
      - Hate against persons or companies,
      - Personality-hurting statements, defamation, libel and slander to the detriment of users and third parties,
      - Infringements of the law on fair trading,

    4. Furthermore, it is in particular not permitted to distribute content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so.

    5. The Pentributor has the right to link to other websites in contents which he publishes on the platform, if the linked websites are free of contents whose publication or distribution is prohibited according to the above paragraphs 2 and 3. If necessary, the Pentributor will obtain the consent of the copyright owner responsible for the respective linked websites before linking. Links can only be added in the field provided on the card. 

    6. Copyrighted content may only be included verbatim in contributions without the consent of the respective copyright holder within the scope of the applicable law on quotations. Quotations are to be marked by highlighting them using the quotation function and indicating the source.

  4. Rights of use

    1. The Pentributor grants Pendect a non-exclusive, free of charge, irrevocable, transferable to third parties, unlimited in respect of place, time, and content, right to use the Cards. Pendect is entitled to use, edit and exploit the Cards. This includes in particular the right of reproduction, the right of distribution and the right of public disclosure, in particular the right to make the content publicly available.

    2. The Pentributor receives the right to be named as author under their alias.

    3. Every Pentributor is obliged to adhere to the copyright. The Pentributor is not allowed to copy, distribute and/or publish contents that Pendect, other Pentributors or third parties have uploaded to the platform, unless Pendect expressly points out such permission. The distribution and/or public communication of any content of the platform is prohibited without the consent of Pendect.  Pendect may give its consent to this, in particular by expressly noting it on the relevant Card.

    4. In derogation of the sections mentioned above certain contents will be licensed under separate license conditions, such as different Creative Commons - Licenses or the GNU Free Documentation License ("GFDL"). The respective license is indicated next to the specific content.  The license conditions stated there apply to these contents.

    5. In addition, Pendect may send the Cards to other users via e-mail as part of its newsletter.

    6. Pendect is entitled to share the Cards on social media and use them for marketing purposes.

  5. Consequences of misconduct

    1. Pendect is entitled to block or delete Cards at any time, for example, if there is a suspicion that they violate applicable law or the rights of third parties.

    2. If a Pentributor violates these Pentributor Terms, the Terms or the Pentribution & Content Guidelines, Pendect may also, at its option 

      - to inform the Pentributor of his misconduct and demand rectification,
      - to warn the Pentributor,
      - to rank the contributions lower, 
      - to block the Pentributor account,
      - to withdraw the status of the Pentributor, or 
      - to terminate and delete the account.

  6. Liability

    1. Pendect offers a platform on which Pentributors can publish their Cards. Pendect cannot assume any guarantee for the accuracy, topicality, correctness, completeness or quality of the information displayed and the information provided.

    2. Pendect is not liable for any damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, unless Pendect has acted wilfully or grossly negligent.

  7. Right to exemption

    The Pentributor releases Pendect and its employees or agents from all claims of third parties arising from actions of the Pentributor in connection with the use of the platform for which the Pentributor is responsible, in the event of claims due to an alleged or actual infringement of rights and/or violation of the rights of third parties. Furthermore, the Pentributor agrees to reimburse Pendect for all costs incurred by Pendect due to claims by third parties. The reimbursable costs also include the costs of an appropriate legal defence.

  8. Termination of use

    1. Pendect and the Pentributor can terminate the use of the platform and services at any time without giving reasons. If you terminate the use of the platform and services, you should remove all personal information from your account and not log in again.

    2. In addition, Pendect and the Pentributor may terminate without notice if there is a good cause. There is a good cause, if the terminating party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the expiry of the legal notice period. A good cause for Pendect is in particular,

      - if the Pentributor violates legal regulations or
      - if the Pentributor violates contractual obligations.

    3. The termination of the account shall not affect Pendect's legal rights to the content posted. The Cards of the Pentributor remain available on the platform. If the Pentributor makes a claim for deletion of his alias, the alias name will be pseudonymized.

  9. Changes of Pentributor-Terms

    1. Pendect is entitled to change or amend these Pentributor-Terms  at any time with effect for the future, provided that this is required due to legal or functional adaptations of the website, for example in case of technical changes.

    2. The Pentributor shall be notified of any changes or amendments by e-mail at least six weeks before they take effect, without having to send the changed or amended terms and conditions in detail or the new version of the Pentributor-Terms as a whole; it is sufficient to inform the user of the changes or amendments made. Pendect will provide a link in the announcement under which the new version of the Pentributor-Terms can be viewed in its entirety.

    3. If the Pentributor does not object to the change or amendment within 30 days of the announcement of the change or amendment and continues to use the services, this shall be deemed to be consent to the change or amendment; Pendect will separately point this out in the announcement.

    4. If the Pentributor objects, Pendect shall have the right to terminate the user relationship.

  10. Other provisions

    1. If the Pentributor-Terms contain invalid terms, the validity of the remaining terms shall remain unaffected.

    2. These Pentributor-Terms are governed exclusively by the laws of the Federal Republic of Germany.