The following Forum Rules apply to the GOM Forum.
GOM Forum Rules
Participation in the GOM Forum is subject to the following rules, which the user acknowledges and agrees to:
- The GOM Forum is a platform for users to discuss application and use of our products in the various categories specified in the Forum.
- Users must register to use the Forum. Upon registration, the user will be provided with an account. Users with multiple accounts will be removed. Trade names, company names and websites may not be used as usernames.
- The user is solely responsible for ensuring that all content posted by him/her is correct and lawful, and in particular that it does not infringe any rights of third parties. By posting on the GOM Forum, the user declares either that he/she is the originator of the content concerned or that the originator has granted him/her the necessary rights.
- As a rule, copyright over topics and posts, to the extent that they can be copyrighted, remains with the user. By transmitting content to us for publication, the user grants us a royalty-free, perpetual, worldwide, and non-exclusive right to use, reproduce, edit, publish, translate, modify, adapt, distribute, perform, present and delete part or all of that content and to grant third parties non-exclusive licenses in respect of that content and to incorporate the content into other works and/or media.
- Posts to the GOM Forum of the following types are prohibited:
- advertising without our express written consent; this also applies to surreptitious advertising, in particular links to the user’s own website, with or without text, in the user's signature or in posts;
- offensive or untrue content;
- spamming, trolling, or attacks;
- illegal, racist, sexist, misleading or unethical statements, posts, links and attachments; this also applies to usernames;
- unauthorized use of content protected by statute and in particular by copyright and trademark law.
GOM has the right to remove such content immediately without notifying the user
- Posts to the GOM Forum may be written in English or German only. Links must be on topic. Links which do not have any direct connection to the topic at hand or which advertise other websites will be removed without comment.
- When posting material, including avatars, to the forum, the user must comply with copyrights, copyright and trademark law, and rights to names. Text or images which do not comply with the above rules may not be posted, linked to, or uploaded as an attachment. If the user places material of this kind on this forum, he/she shall indemnify us against all claims by third parties in connection with that material regardless of the legal basis of such claims. This indemnity also includes necessary reasonable costs of legal defense against third-party claims.
- Use of the Forum confers no rights. The Forum Rules are binding for all users. The role of the moderators is to ensure compliance with the Forum Rules. They have the right to edit, move and delete posts if they consider it necessary. If a user does not comply with the Forum Rules or the instructions of the moderators even after being requested to do so, we will block that user’s account. All posts by such users will be deleted immediately. The same applies in case of any breach of applicable laws.
- GOM may not be held liable if content does not meet the user’s expectations.
- GOM makes no representation that its offering will be constantly available.
- The Forum is not a marketplace for buying, selling or exchanges.
- In case of loss or damage of any kind—including due to breach of secondary contractual or statutory obligations—GOM shall be liable only for conduct on the part of its statutory representatives, employees or agents which is at least grossly negligent. This limitation shall not apply in relation to breaches of essential contractual obligations; however, such liability shall be limited to foreseeable loss or damage and does not include non-foreseeable excess risks. Unlikely culpable breaches of duty by GOM, its statutory representatives, employees or agents that result in loss or damage due to loss of life, personal injury or damage to health are likewise not subject to any limitation.
- If the user is a merchant as defined in German law (Kaufmann), disputes arising from this contractual relationship shall be subject to the exclusive jurisdiction of Braunschweig Regional Court (Landgericht Braunschweig).
- Should any of the foregoing provisions be found to be or become ineffective, the parties hereby agree to apply an additional provision reflecting as closely as possible the intent pursued when the agreement was entered into.