Terms of use of the ProBlind database
§ 1 Scope of application and definitions
  1. The ProBlind e. V. database is a portal in which graphics are made available that are specially tailored to the needs of blind, visually impaired and reading-impaired people.
  2. These terms of use apply to the entire community that visits, uses and contributes content to the ProBlind e. V. database.
  3. In our community, we differentiate between authorized, authorized and registered users and visitors. We also distinguish between a public and a non-public area.
    a) The public area of the database is accessible to everyone.
    b) The non-public area is only accessible to authorized and authorized users after registration in accordance with § 2 and 3 of the user regulations.
    c) Authorized users are people with a visual or reading disability who have registered with Pro Blind in accordance with § 2.
    d) Authorized users are authorized bodies that have registered in accordance with § 3.
    e) Registered users are members of the community who have registered in accordance with § 4 and can create graphics for the database.
    f) Visitors are visitors to the public area who have not registered.
    g) User is the generic term for authorized, authorized and registered users.
  4. In order to use the database as a user, it is necessary to register and create a user account. By completing the online registration process and creating the user account, the user contract for the database with ProBlind e. V. comes into effect.
§ 2 User account for authorized users
  1. Only people with a visual or reading disability are entitled to register as authorized users of the database. This authorization must be proven in accordance with paragraph 3.
  2. A user name and password are required for registration. The following information is also required:
    – Valid e-mail address
    – First name and surname
  3. To complete your registration, we require a photocopy of one of the following proofs of your visual or reading disability:
    – Notice of allowance for the blind
    – Assessment notice in accordance with the Severely Disabled Persons Act
    – SSeverely disabled person’s pass with BL indicator
    – Medical certificate
    – Confirmation from a regional association of the DBSV or from a domestic or foreign self-help organization for blind and visually impaired people.
    Proof will be requested during the registration process and can be sent
    – per E-Mail an: info@problind.org
    – by post to: Feuchter Str.3, 90610 Winkelhaid
    stating the user name you chose when creating the user account.
  4. Prior to receipt and verification of the proof in accordance with paragraph 3, only the public area of the database can be visited with the user account. After receipt of the proof in accordance with paragraph 3 and successful authorization check, access to the non-public area will also be activated for the user account.
§ 3 User account for authorized users
  1. Authorized bodies within the meaning of Section 45c UrhG can register as authorized users.
  2. To create a user account for authorized users, a user name and password must be provided. The following information is also required:
    – Valid e-mail address that can be clearly assigned to an authorized body in accordance with Section 45c UrhG
    – First name and surname
    – Company/Organization
  3. After registration, we will check your status as an authorized body on the basis of the publicly accessible list of the DPMA. If necessary, we will ask you to send us further evidence. If you are a foreign authorized entity, we will also ask you to send us further evidence.
  4. Prior to checking the status as an authorized body in accordance with paragraph 3, only the public area of the database can be visited with the user account. After a successful authorization check, access to the non-public area is also enabled for the user account.
§ 4 User account for registered users
  1. Only natural persons can register as registered users.
  2. To create a user account for registered users, a user name and password are required. The following information is also required:
    – Valid e-mail address
    – First and last name
  3. Registered users have the option of uploading (publishing) their own content (text, graphics, etc.) in the public area of the database.
  4. Registered users can convert copyrighted content marked in the database into an accessible format for ProBlind e. V. on behalf of ProBlind e. V. and publish the converted content in the non-public area.
§ 5 Use of the database
  1. The community can make use of various services when using the database:
    – Registered users have the option of uploading (publishing) content (text, graphics, etc.) to the database.
    – Authorized and authorized users can download content from the non-public area and have the option of uploading (publishing) content (text, graphics, etc.) to the database.
    – Anyone can download content from the public area.
    It is not permitted to transfer and make available content from the database to other databases.
  2. ProBlind e. V. is entitled to block or delete individual contents at any time, for example if there is a suspicion that these violate applicable law or the rights of third parties. There is no entitlement to the maintenance of individual functionalities of the database.
  3. ProBlind e. V. endeavors to ensure the trouble-free operation of the database. This is naturally limited to services over which ProBlind e. V. has an influence. ProBlind e. V. is at liberty to restrict access to the database in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events beyond its control.
§ 6 Duty to cooperate
  1. Users undertake not to upload any content to the database that violates applicable law or morality in terms of its content, form or design or in any other way. In particular, users undertake to comply with applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to infringe any third-party rights (e.g. rights to names, trademarks, copyrights, image rights and data protection rights).
  2. In particular, it is not permitted to disseminate content that
    – racism
    – glorification of violence and extremism of any kind
    – calls and incitement to criminal offenses and violations of the law, threats against life, limb or property
    – Incitement against persons or companies
    – defamatory statements, slander, defamation and libel to the detriment of users and third parties
    – copyright-infringing content or content that infringes other intellectual property rights
    -pornography
    – offensive, sexist, obscene, vulgar, abhorrent or disgusting materials and expressions

    is represented, concerned or contained. This also applies if the respective content does not violate applicable law, the rights of third parties or morality.

  3. Users are entitled to place links to other websites in content that they publish on the database if the linked websites are free of content whose publication or distribution is prohibited in accordance with paragraphs 1 and 2 above. Where necessary, the user shall obtain the consent of the rights holder responsible for the linked websites prior to linking.
  4. Copyright-protected content may only be published in accordance with § 7.
  5. Should there be any disruptions in the use of the database or its functionalities, the community is requested to inform ProBlind e. V. of this disruption immediately. The same applies if the community obtains information about content published by third parties that obviously violates applicable law or the rights of third parties. ProBlind e. V. can be contacted for this purpose via the e-mail address info@problind.org.
§ 7 Copyrighted content and rights of use
  1. The contents of the database are published under a license that can be selected by the creator of the content or in accordance with the copyright restrictions for people with visual or reading disabilities.
  2. Contents of the database that are published under a license can be freely used by the community in compliance with the license conditions of the selected license.
  3. Insofar as content in the non-public area has been published in accordance with the copyright restrictions for people with visual or reading disabilities, this content is only accessible to people who can prove that they have such a visual or reading disability in accordance with § 2.
  4. If a registered user publishes content under a license, the registered user assures by selecting the license in the drop-down menu and clicking on “Download template” that he is authorized to dispose of the content free of third-party rights and that the use of the content within the scope of the selected license does not violate the rights and claims of third parties or the law. The user therefore indemnifies ProBlind e.V. in full against all claims, including the costs of legal defense and/or prosecution, which may be asserted against ProBlind e.V. by third parties due to the use of this content by ProBlind e.V. in accordance with the license.
  5. If registered users on behalf of ProBlind e.V. convert copyright-protected – i.e. third-party content – into an accessible format and publish it in the database, they must check the “Copyright exception” box when uploading the content to indicate that the user does not hold any rights to the original.
§ 8 Liability
  1. Unlimited liability: ProBlind e.V. is liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. ProBlind e. V. shall be liable for slight negligence in the event of injury to life, limb and health of persons.
  2. Otherwise, the following limited liability shall apply: In the event of slight negligence, ProBlind e. V. shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the vicarious agents of ProBlind e. V.
§ 9 Indemnification claim

  1. Community members shall indemnify ProBlind e. V. and its employees or agents against all third-party claims arising from actions of the community member in connection with the use of the database for which the community member is responsible in the event of a claim due to an alleged or actual infringement of rights and/or infringement of third-party rights. In addition, the community member undertakes to reimburse ProBlind e. V. for all costs incurred by ProBlind e. V. as a result of claims asserted by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

§ 10 Duration of contract/termination
  1. The contract runs for an indefinite period and can be terminated by either party at any time without notice and without the need for a reason.
  2. In the event of termination, the community member will no longer have access to his/her profile and uploaded content.
  3. ProBlind e. V. may block user profiles and delete them in the event of serious violations of these terms of use.
  4. ProBlind e. V. may continue to use content published by users even after termination of the user or blocking of the user profile, as long as the use does not violate license conditions.
§ 11 Amendment of the Terms of Use
  1. ProBlind e. V. is entitled to amend or supplement provisions of these Terms of Use at any time with effect for the future, insofar as this is necessary due to legal or functional adjustments to the website, for example in the event of technical changes.
  2. An amendment or addition shall be announced to the members of the Community by e-mail at least six weeks before it comes into effect, without the amended or supplemented terms and conditions having to be sent in detail or the new version of the terms and conditions as a whole; notification of the amendments or additions made shall suffice. In the announcement, the operator will provide a link where the new version of the terms of use can be viewed in full.
  3. If the member of the community does not object to the change or addition within 30 days of the announcement of the change or addition and continues to use the services, this shall be deemed to constitute consent to the change or addition; the operator shall make separate reference to this in the announcement.
§ 12 Final provisions
  1. Should the contract contain invalid provisions, this shall not affect the validity of the remainder of the contract.
  2. The services are provided exclusively on the basis of these Terms of Use.