These terms of use provide the basis for your participation at ourbania. They regulate your rights and duties in using ourbania. Through clicking on the confirmation box, you agree that these terms and conditions of use are valid; then, the terms and conditions of use count as a binding contract between ourbania and you.

1. Use of your Data

ourbania collects, stores and uses your data exclusively for the purpose of providing this offer. You authorize ourbania to do this.

If ourbania should want to process your data for other purposes, this takes place only by means of your prior approval (consent). If storage is no longer required, e.g. if you conclude your participation, all your people-related data are deleted.

2. Participation in ourbania

• Participation in ourbania is cost-free.
• Anyone over the age of 18 may participate.
• As a participant, you receive access to ourbania, a commercial real estate online-community.
• Your ourbania-participation begins with activation of ourbania registration by you.
• By registering, you are agreeing to provide factual and accurate information about yourself and to update these details if necessary.
• Your ourbania-account is not transferable.
• ourbania reserves the right to amend and develop the ourbania platform for the purpose of maintaining and improving their service. At such times, services may be temporarily restricted.

3. User Name

In principle, you can freely choose your user name. However, your user name must not offend third parties in accordance with German laws, or be in breach of these terms and conditions of use. The following restrictions are to be adhered to:

A user name may:

• not be the name of another person;
• not be a name, that is copyrighted, by a sign or by another patent right;
• not be a name, that can injure or injure the rights of other natural or juristic persons;
• not be a name that could provoke or injure other members, e.g. vulgar or offensive user names;
• not be a name that contains codes, that members of an extremist organisation recognise, also if the codified meaning of the users name is not directly recognizable for outside state.

As proprietor of your user name you are responsible for all contents that become spread under your user name.

4. User Picture

• You may not use the picture of another person as your user picture.
• You may not use any picture that is copyrighted, protected by a trademark or by another property right.
• No vulgar or offensive user pictures may be used as these can injure the feelings of many members.

5. Care Duties for User Information

You are responsible for the content of information spread under your user name. Therefore you are required to select a password for use with your user name and to take all measures to protect the secrecy of your password. You carry the responsibility for the unauthorized use of your user name by a third party and are responsible for protecting your access or your access data appropriately.
If ourbania has knowledge or reasonable suspicion of any form of abuse of your user name or password, we may take the necessary measures to either temporarily block or close access to the site.

6. Contribution of Contents

As a participant of ourbania you have several possibilities to take part in the community and to contribute contents, eg. text.

There, it is to be noted that the contribution of the following contents is inadmissible on the ourbania site.

Inadmissible Contents:

• Racist, pornographic, obscene, insulting, vulgar, force glorifying or playing down as well as immoral contents;
• contents that may impair or jeopardize children or youngsters in their development or education or endanger or interfere or cause injury to human dignity or other respected legally protected rights;
• contents that may incite others to commit punishable or otherwise immoral acts;
• insulting or offensive remarks;
• threats against other members, or third parties;
• abusive criticism, slanders, offense, lying or incorrect information;
• contents that may violate the right of third parties to informational self-determination;
• copied contents to which you have no right;
• contents that represent a security risk, like for example viruses;
• links to web pages with youth-endangering or right-wing content;
• private data, like phone number or e-mail address outside of the profile;
• name, address, phone number or e-mail addresses outside of the profile.

Commentaries and Photos

As an ourbania-participant you are entitled to write commentaries and place photos. ourbania reserves the right to publish these comments and photos on the ourbania website. ourbania participants have no claim to publication of these comments and pictures.

For commentaries and photos, the following regulations apply:

• Comments and photos must be in relation to the real estate project affected in each case;
• comments and photos must correspond to the realty, therefore no supposition or mistakes;
• comments and photos must be objective and precise. Comments may not be ambiguous or delusive by e.g. leaving out specific information;
• critical comments are permitted, however must be expressed by qualified vocabulary;
• the input of e-mail addresses, URLs or telephone numbers for the purpose of self-advertising is not permitted;
• pure advertising content (hidden or open) is in admissible;
• rumors, contents by hearsay or unconfirmed statements of other persons are inadmissible.

ourbania reserves the right to block or close accounts where they have reasonable suspicion that comments or pictures loaded go against any legal regulations or terms and conditions of use. ourbania also reserves the right to examine and delete contents using their own judgment.

ourbania is entitled moreover to weight the commentaries and photos of the ourbania-participants whereby the weighting is transparent. Thus ourbania is entitled, for example, to weight more strongly the comments and photos of the participants who submit the most comments and photos than those who submit the least. Corresponding applies to commentaries and photos of ourbania-participants, who positively are valued by other ourbania-participants.

7. ourbania’s Rights of Use

• By placing of content (comments and photos) and/or by uploading your photo you irrevocably grant ourbania a non-exclusive right, without any restriction in time or place, to use the contents and the photo along with the user name chosen by you.
• ourbania is entitled under protection of the originator personal right and your personal right to reproduce, to spread your commentaries and pictures as well as the photo in the frame of the ourbania-platform, to make publicly accessibly and to make available (online right, access right, and transmission) as well as to archive on call and to include in databases.
• To the preparation of the contents allocated by you and the photo, ourbania is entitled only so far when this is to the graphic representation and/or for editorial reasons required.
• ourbania need pay no fee to you for the grant of the preceding rights of use.
• You assure to have all rights to the contents and photos placed by you, particularly, that you are entitled to transfer the aforementioned rights to ourbania. Persons portrayed on photos must be over age and have agreed to the upload of such photos or possess the appropiate consent of their legal guardians.
• A claim to publication of the contents transmitted by you and photos in ourbania do not exist. ourbania decides on the publication after free editorial judgement. In photos, ourbania is not obligated to name the photographer.
• Should third parties assert claims against ourbania because of content submitted by you (especially because of damage to personality patent rights, author patent rights, or brands patent rights) you are obliged to recompense ourbania of all damages as this constitutes a liable breach of duty on your part. The proof, that no or a slighter damage occured than the damage claimed by ourbania, is left up to you.

8. General Terms and Conditions of Use

• You are obligated to ourbania to the lawful utilization of the offer of ourbania. That means, you may use ourbania only in a manner or to purposes, that do not offend against these terms and conditions of use or against valid German rights or injure the rights of third parties.
• If you permit another person, especially a minor, to use your ourbania account, it is your duty of care to refer to the terms and conditions of use and membership rules and to exercise adequate control.
• If you or a third party that uses your user name injure, liable these terms and conditions of use or valid right, ourbania can seize appropriate sanction measures. Heavier offences can to lead to the complete blockage of your access to ourbania or to complete exclusion.
• ourbania is entitled to support criminal proceedings authorities with their inquiries on the suspicion of the offence against penal or public law regulations without checking the legality of such inquiries or requests for information.
• ourbania has a duty to check within the scope of the legally allowed areas of the ourbania website for the observance of the terms and conditions of use and in particular of the rules of etiquette regulated in this segment.

9. Termination of Participation at ourbania

You are entitled to end your participation on ourbania at any time. ourbania is entitled to end your participation on its site at any time.

ourbania has the right to conclude your ourbania-participation without notice to if you breach these terms and conditions of use. If ourbania concluded your participation because of an breach of these terms and conditions of use without notice, you cannot re-register in ourbania without specific and prior consent of ourbania. It is not permitted for ourbania-participants, to allow former ourbania-participants whose ourbania-participation was concluded without notice to enable the use of ourbania.

Your right to conclude your ourbania-participation for important reasons is untouched through these terms and conditions of use.

10. Liability, Declaration of Indemnity

ourbania shall be liable for damages including mortal, physical or health-related harm under the provisions of the law. For other damages, liability shall, subject to clause 3, only be accepted for intent and gross negligence. ourbania shall also accept liability for other damages caused by negligence, relating to a breach of a material contractual obligation, although this shall be limited to the anticipated damages. These provisions regarding limitation of liability are applicable both for legal and contractual claims, and notably for indemnity claims based on warranty provisions.

ourbania is liable for every culpable breach of essential contract duties as well as by takeover of a state guarantee (§§ 443 Civil Code) according to the legal regulations. For damages that are based on the absence of an agreed state ourbania is only bound for damages, that are supposed to be comprised by such an agreement. In all other cases, ourbania is bound only as far as the resulted damage was caused intentionally or negligently.

As far as the liability for ourbania is excluded after the preceding regulations, or is limited, this applies also to the liability of the employees, representative as well as fulfillment assistants of ourbania.

The compensation duty for the injuries of life, body or health as well as the liability after the product liability law remains untouched by the preceding regulations in any case.

Though ourbania offers a website for third parties to place content upon, the views expressed upon this website do not necessarily reflect the views held by ourbania. The responsibility for submitting foreign language contents lies exclusively with the member who has submitted the content. If ourbania attains knowledge that the foreign language contents are in breach of terms and conditions of use they will take appropriate action.

If the suspicion of an offence against the terms and conditions of use exists, ourbania is not liable unless the offence can be proved. ourbania is not responsible for damages arising from these terms and conditions of use, including the costs of the legal defence in height of the legally occurring fees. The proof, that no or a slighter damage occured than the damage claimed by ourbania, is left up to you.

11. Contact Information/Contract Partner ourbania

Your contractual partner the ourbania GbR, a partnership under the civil law, consists of Eurohypo AG, Helfmann-Park 5, Eschborn (Amtsgericht Frankfurt am Main HRB 45701) and mediaman Gesellschaft für Kommunikation mbH, Römerpassage 1, 55116 Mainz (Amtsgericht Mainz HRB 6152).

You will be serviced via: mediaman GmbH, Römerpassage 1, 55116 Mainz, support@ourbania.com

12. Final Regulations

ourbania reserves the right in accordance with the following regulations to change the terms and conditions of use and achievements as far as the changes are reasonable and take into account of the interests of ourbania. This is in particular if the changes are connected for you with no disadvantages, e.g., by changes of contact information, reception of additional services or similar.

ourbania will inform you at least a month before a change of these terms and conditions of use takes effect. The information will be sent by e-mail at the e-mail address indicated by you in your registration. If you have not objected within one month of this communication, this will be seen as your consent to these changes.

For all legal relations, that result from the utilization of the ourbania-platform, the rights of the Federal Republic of Germany counts under from end of the UN-purchase rights. Exclusive jurisdiction for all disputes out of and/or in connection with the ourbania-utilization is – if you are businessman – in the regional court of Frankfurt.