Terms of Service

The following Terms of Service apply to each visitor on the bka.li website (from now on referred to as the “Website”) and the services offered. By using this website or the provided services listed here, you implicitly agree to these Terms of Service. The Website owner reserves the right to change, delete or supplement the information on this website at any time without prior notice.

§ 1 Scope

  1. The following terms and conditions apply to the use of the BKA.li website (from now on referred to as the “Website”) and the services offered by us (from now on referred to as the “the Provider”). For the website and services, it is essential that you as a user accept the following terms and conditions.
  2. By using our websites, you agree with the Terms of Service of our websites. By agreeing, you guarantee that you will not create any posts that violate the Terms of Service.

§ 2 Contact information (imprint) and legal notice

Information according to § 5 of the German Telemedia Act (TMG)

Kromonos
Stuttgarter Str. 106
c/o Block Services
70736 Fellbach
Germany

Phone: +49 721 27660380
E-mail: support@bka.li

Responsible for editorial content according to § 55 paragraph 2 RStV: Kromonos

All calls to the number specified here are recorded and stored for at least 14 days on a server in a secure network zone to prevent misuse!
Any email sent to the address provided here will be processed by a helpdesk system described in § 4.
Misuse of the contact information provided will be prosecuted under German law.

The phone number is only available at the following times:
Mon - Fri: 6pm to 10pm
Sat: 10am to 11pm

Parcels will not be accepted at the aforementioned address.

§ 3 Availability of the Website

BKA.li has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions in availability may occur, among other things, due to force majeure or other causes beyond the control of BKA.li, such as intent or gross negligence.

The operator points out that it is technically impossible to provide the website free of errors of any kind and that the operator, therefore, assumes no responsibility for the fact that errors can lead to the temporary shutdown of the website, that the availability of these web pages is dependent on conditions and services outside the control of the operator, such as the transmission capacities and telephone connections between the respective parties. We are not responsible for any disruptions falling into this area.

§ 4 Support

Support for the Website and Services is provided exclusively through the helpdesk system offered by the provider, accessible at support.bka.li. There is no guarantee of response for inquiries about the website and services outside this system. No account is required for the helpdesk system, and it can also be reached via support@bka.li.

§ 5 Discussion forums and chats

Insofar as the operator temporarily or permanently offers discussion forums or chats on its websites, participants in the discussions are expected to observe the usual communication rules, such as mutual respect. Visitors may not disseminate or post any offensive, possibly derogatory, foul, indecent, defamatory, or obscene material that infringes third parties’ intellectual property rights.
Furthermore, we do not support extremism of any kind!

The following rules must be followed when using such services:

  • No bigotry — including racism, sexism, ableism, homophobia, or xenophobia.
  • No illegal content.
  • NSFW only in the specific channels.
  • No porn.
  • No spamming/spam accounts.
  • No extremism.
  • No fake news.
  • Be nice.
  • Preferably, use the English language. German is ok if needed.
  • Please try to avoid controversial topics like politics or religion.
  • If you post art, always mention the original artist when it’s not your own.
  • Never send unsolicited or unasked DMs to members.

If the place is a non-public space, that means the chat or forum cannot be viewed without a valid account. Publishing screenshots from conversations of these chats, regardless of whether names are censored, is prohibited and an infringement of personality and privacy rights.

The personality rights that could be violated may include the following:

  • Right to one’s own image (§§ 22 ff. KunstUrhG (KUG))
  • Right to one’s own word (§ 1 section 1 GG, § 2 section 1 GG)
  • Right to one’s own name (§ 12 BGB)
  • Right to privacy, secrecy, and intimacy (§§ 185 ff. StGB)

As the operator is located in Germany, the country of general jurisdiction is Germany.

§ 6 Electronic communication

You communicate with us electronically when you use any BKA.li service or send an email, text message, or other communication to us from your computer or mobile device. We will communicate with you electronically in various ways, including through email, text messages, or by posting electronic transmissions or other communications on our website or as part of other BKA.li services. For contractual purposes, you agree to receive electronic communications from us. All consents, notices, disclosures, and other communications that we provide to you electronically do not, to that extent, require a written form unless applicable mandatory law requires a different form of communication.

§ 7 Copyright and database rights

  1. All content included in or provided through any BKA.li service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is property of BKA.li or third parties supplying content or making content available on the website and is protected by German copyright and database right laws.
  2. All content included in or made available through any BKA.li service remains the exclusive property of the party that made it available, if that party is authorized to do so. The content is protected by the respective copyright and database rights of the owner’s country of residence.
  3. Copyrights of third parties remain untouched by the owner.
  4. You may not systematically extract or reuse any part of a BKA.li service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) to re-utilize any substantial parts of any BKA.li service without bka.li’s express written consent. You also may not create or publish your own database that includes significant portions of any BKA.li service without the express written consent of bka.li.

§ 8 Patents

All patents registered on BKA.li also apply to all services and other products of BKA.li. The respective patents may be operated under one or more patents.

§ 9 Claims arising from intellectual property rights

BKA.li respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives reason to fear infringement, please follow our procedure for notifying bka.li of an infringement.

§ 10 Liability

  1. We always try to ensure that the services of BKA.li are available without interruptions and that transmissions are error-free. However, this cannot be guaranteed due to the nature of the Internet. Also, your access to BKA.li’s services may occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such temporary interruptions or limitations.
  2. BKA.li shall be liable without limitation to the extent that the cause of damage is based on an intentional or grossly negligent breach of duty by BKA.li or a legal representative or vicarious agent of BKA.li.
  3. BKA.li is liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance you regularly rely. In this case, however, BKA.li is liable only for the foreseeable damage typical of the contract. BKA.li is not responsible for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
  4. The above limitations of liability do not apply in case of injury to life, body, and health for a defect after the assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability, according to the product liability law, remains unaffected.
  5. As far as the liability of BKA.li is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

§ 11 Links to other websites

  1. For links not operated by BKA.li and located on their website, we have no way to control the content of this website, as it is entirely independent of us.
  2. For this reason, we do not take any responsibility for the content of these websites and the consequences of their use by the visitors of these. Accessing all websites accessible via links is at your own risk. There is no separate notice when users leave the website. However, we ask you to notify us immediately of any illegal or dubious content on the linked website.

§ 12 Data protection

  1. Data and information of visitors and users (date, time, accessed page) about the access can be stored on the server. We point out that - without consent - no personal (e.g., name, address, or email address) data will be held.
  2. If personal data is collected, we undertake to obtain the user’s prior website consent. We undertake not to pass any data to third parties unless the visitor or user gives their prior consent.
  3. We point out that data transmission on the Internet (e.g., by email) security gaps. Accordingly, the error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
  4. The user has the right to information. You have the right to receive complete and free information from us about the data concerning you at any time.
  5. Furthermore, the user has a right to correction/deletion of data/restriction of the processing.
  6. Further details are provided separately in the privacy policy.

§ 13 Cookies

  1. Numerous internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain further cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
  2. Through cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
  3. we would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are primarily so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called permanent cookies).
  4. you can opt out of the storage of cookies. For this purpose, a banner is available to which you can object/accept.

§ 14 Changes to the Terms of Service

We reserve the right to make changes to BKA.li services, rules, and conditions, including these Terms of Service, at any time. You are subject to the Terms of Service, Terms of Agreement, and Terms of Service in effect when you use BKA.li services. If any of these terms are held invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

§ 15 No Waiver

If you breach these Terms of Service and do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach them.

§ 16 Validity of the Terms of Service

The Terms of Service apply to all domains and subdomains of the provider unless the Provider changes and may be extended by the services offered on the domain.

§ 17 Final provisions

  1. Contract language is English.
  2. Legal jurisdiction is German.
  3. We reserve the right to modify our website, rules, and conditions, including these Terms of Service, at any time. If any provision of these Terms of Service is invalid, void, or unenforceable for any reason. That provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  4. The invalidity of any provision shall not affect the validity of the other provisions under the Agreement. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision corresponding to the invalid provision’s meaning and purpose.