Terms of Use

BaBeGe -
Baugesellschaft Berlin GmbH
Pfalzburger Straße 15
10719 Berlin

Chief Executive: Michael Martin

Fon: 030 - 31 01 70 75
Fax: 030 - 31 01 70 74
Funk: 0172 - 313 53 04

Email: info@babege.de

Data Privacy Statement

Welcome to www.babege.de (the "Site"). This Site is owned and operated by Baugesellschaft Berlin mbH ("we", "us", "our"). These Terms of Use contain the terms and provisions applicable to your access to and use of the Site. Your use of this Site (and any other feature or content offered from time to time by the Site) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully before registering for or using the Site.


1. Acceptance of Terms

By accessing this Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Site. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site www.babege.de. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes.


In order to participate in certain Site services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.


2. Use of the Site

You may use this Site only to inform yourself about our services and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Use of and access to the Site is void where prohibited. By accessing and using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. By using the Site for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Site. You are not obligated to register in order to access the Site. However, the Site during certrain periods throughout the year offers certain privileges for which registration is necessary (such as participation in public forums made available by the Site).


You agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site.


3. Permitted Uses

If you are 18 years old or younger, you are not authorized to register or submit any content or information to this Site without the explicit consent of your parent or legal guardian.


The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party's) intellectual property rights. This Site is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice.


You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Site to any third party.


Material from this Site may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Site and may subject you to legal liability. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site. Some examples of unauthorized or illegal use of this Site include, but are not limited to:


  • 1. collecting usernames and/or email addresses of other users for the purpose of sending unsolicited email;

  • 2. the unauthorized framing by you of the Site;

  • 3. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  • 4. covering or obscuring the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means;

  • 5. any automated use of the system, such as using scripts to alter your profile;

  • 6. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;

  • 7. attempting to impersonate another user or person;

  • 8. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;

  • 9. selling or otherwise transferring your profile;

  • 10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile or in other areas of the Site;

  • 11. using the Site in a manner inconsistent with any and all applicable laws and regulations.


We reserve the right not to post comments or other content, or to reject or remove comments or other comment, that we consider inappropriate for any reason, without notification or explanation. Comments submitted by participants may be abbreviated or edited for brevity or grammar, but are not modified for content or accuracy.


4. No Warranty

Your use of the Site is at your sole risk. The content and information posted on the Site is provided to you "as is" without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site. We make no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties.


The Site will occasionally experience outages during which you or other users will not be able to log in, view or operate the Site. We do not warrant that the Site is free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use or unavailability of the Site.


5. Links to Third Party Sites; Advertisers

The Site may provide you with links or other access to websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the privacy and terms of use policies of each third party's website that you access.


6. Privacy Policy

Please see our "Privacy Policy" at http://www.babege.de/privacy/ for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.


7. Content

In general, the content contained on the Site is supplied by third parties and other users. In no event will anything contained in these Terms of Use or any area of the Site be construed as a representation or guarantee with respect to any of the content. We do not control the comments or other content posted on our Site by users and consequently we do not guarantee the accuracy, integrity, or quality of any content. Further, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. It is possible that you may be exposed to comments of other participants that may be inaccurate, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for comments posted by any participants, including (without limitation) any errors or omissions in those comments, or any loss or damage incurred as a result of the use of any comments or other information posted, emailed, transmitted or otherwise made available via the Site.


You understand and acknowledge that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Site.


We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to the Site if you do not comply with these Terms of Use.


Users during certain periods throughout the year will be able to post content on the Site. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Site ("Content"). You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this Paragraph 7; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Site.


The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:


  • 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • 2. harasses or advocates harassment of another person;

  • 3. exploits people in a sexual or violent manner;

  • 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

  • 5. solicits personal information from anyone under 21;

  • 6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

  • 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  • 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  • 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  • 12. solicits passwords from users or personal identifying information for commercial or unlawful purposes from other Users;

  • 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

  • 14. includes a photograph of another person that you have posted without that person's consent.


We do not claim any ownership rights in the Content that you post to the Site. After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. Notwithstanding the foregoing, by supplying Content to any area of the Site, you hereby grant us a perpetual, irrevocable, sublicensable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any such Content. We may also use your name or user name associated with any such Content. We shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.


This Site is protected by copyright, trademark, and other laws and we own and retain all rights in our content on the Site. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Site for its intended purposes.


8. Digital Millennium Copyright Act ("DMCA") Notice

We are committed to complying with copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate the privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:


  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Our designated agency for notice of claims of copyright infringement can be reached as follows:


By Mail:  Foster Media Company

Detmolder Str. 2, 10719 Berlin, Germany  Attn:  Kwame Foster


By E-Mail:  info@fmc-berlin.com Subject line:  Copyright Infringement


9. Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of (i) any Content you submit, post, transmit or otherwise make available through the Site, and/or (ii) a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). This indemnity obligation shall survive your use and/or access of the Site.


10. Term.

These Terms of Use shall remain in full force and effect while you use the Site. You continue to remain bound by these Terms of Use to the extent you continue to access the Site in any capacity. We reserve the right to suspend or terminate access to your account or the Site, without notice or explanation, for any reason, at any time.


11. Disclaimer; Limitation on Liability.

USE OF THE SITE IS PROVIDED "AS IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE.


12. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Site are personal to you and may not be transferred or assigned. These Terms of Use are governed by German and international trade laws, regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Berlin, Germany in all disputes arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 15. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site), constitutes the entire understanding between you and us.


Please contact us at: info@babege.de with any questions regarding these Terms of Use. We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.


These Terms of Use are effective and were last updated on March 3, 2015.