1. General – What you should know about the application of this user agreement.
1.1 The New Apostolic Church permits access to and use of nac.today on the basis of this user agreement, which governs not only the conduct between the New Apostolic Church, as operator of nac.today, and the registered user but also the conduct between users of nac.today.
1.2 The user agreement applies to all contents, functions and other services (hereinafter: “applications”), which the New Apostolic Church may offer in nac.today. Supplementary conditions may prevail to users for additional applications provided in the course of time (hereinafter: “supplementary conditions”). Users will be timely informed by the New Apostolic Church of any possible supplementary conditions which result from new applications.
1.3 The use of certain applications within nac.today may be restricted to certain users and/or to user groups. This will especially be the case for such applications which require the certification of supplementary conditions or special agreement.
2. Registration – How can I use nac.today?
It is necessary to register to be able to use nac.today. The registration is free of charge.
2.1 Any person is eligible to register. Those who have not reached the age of legal competency according to the laws of their country of residence affirm that they will only register with the consent of their parent or legal guardian. nac.today reserves the right to make individual validity checks of compliance.
2.2 Each user is only allowed to register once. On registering, the user affirms, that he is not yet a member of nac.today, or that a former open account has been deleted, as appropriate (see also paragraph 3.1).
2.3 The registration process for nac.today starts with a registration form. The user must provide complete and correct details. The use of stage names, pseudonyms, abbreviations, or other invented names is not permitted. Similarly, it is not permitted to create an account with false or otherwise incorrect data. All other information in the profile is voluntary.
2.4 When the registration data has been entered the New Apostolic Church will promptly send access confirmation by e-mail to the given e-mail address of the user. The registration process is first successfully completed when the user activates the activation link sent with the e-mail. The contract with nac.today between the user and the New Apostolic Church comes into existence with the link activation.
2.4.1 Following successful registration the user has the possibility to access nac.today via the log in area. To do this the e-mail address and password created by the user must be entered.
2.4.2 Should the registration be incomplete the New Apostolic Church will delete the account including all data which has been entered to that point.
2.5 There is no entitlement to complete a contract of use. The New Apostolic Church can refuse registration without justification. In this case the New Apostolic Church will promptly delete the data input through the registration form.
2.6 An identification of persons in internet is limited. It follows therefore that the New Apostolic Church cannot safely exclude that false contact data lies behind a registration application. On the part of the New Apostolic Church no responsibility will be accepted for the real identity of any user; a user must satisfy himself of the identity of other users.
3. De-registration – how can I delete my account by nac.today?
3.1 Should a user no longer want to use nac.today he can terminate the user agreement at any time without specifying the reasons and without notice. For such an account deletion, it is enough if the user directs his notice of termination by email to firstname.lastname@example.org or in writing to the New Apostolic Church, stating the email address most recently used for nac.today.
3.2 The contract of use can also be terminated at any time by the New Apostolic Church subject to a deadline of fourteen days up to the end of the month. The right, however, to terminate for important reasons or to deny a user in accordance with the stipulations contained in section 6 of this user agreement remains unaffected.
3.3 With the successful deletion of an account, all personal data of the user is permanently deleted.
4. Subject matter of the contract – what does nac.today offer?
4.1 nac.today is the news magazine of the New Apostolic Church. With reports from around the world, and on a daily basis, it offers New Apostolic Christians and other interested readers many things worth reading and knowing about.
4.2 Registered users on nac.today can post comments on articles by the editors. Commenting is possible only for registered users.
4.3 Demands on the usage of nac.today and its applications are purely within the bounds of current technology. It may be occasionally necessary to reduce the performance within nac.today – for instance when nearing capacity limits, in the interests of security of nac.today, to maintain the integrity of the server or to carry out technical measures in the interest of an orderly provision of performance. In the justifiable consideration of users the New Apostolic Church will give advance warning, for example, of planned maintenance of nac.today on the website.
4.4 nac.today especially serves to bring users together and to give them the opportunity of communication, and also to make official information of the New Apostolic Church International available. For this purpose the New Apostolic Church places the technical applications and information at the users’ disposal. The New Apostolic Church does not participate, however, in the communication amongst or between users.
4.5 The New Apostolic Church particularly warns users of nac.today of so-called hyperlinks, with, amongst other things, contents from external sources and applications of third parties (hereinafter: third party contacts). Such third party contacts are marked with a corresponding heading (e.g. “Advertisement” or “This is an offer from [name of the third party]”. Should a contract be offered in connection with such third party contacts, it will then exist solely between the user and the third party contact.
5. User obligations – what is expected when using nac.today
In order that nac.today can function with its multitude of users it is required that all users abide by certain rules.
5.1 When registering and with reference to access data
5.1.1 The password generated on registering must be confidentially handled and must not be given to a third party. It is also strictly forbidden for those working for the New Apostolic Church to ask a user for his password. Users are forbidden from offering third parties the possibility of using nac.today with alien data. Should suspicion arise of third party knowledge of access data and/or of account misuse, the user is obligated to inform the New Apostolic Church without delay.
5.1.2 Users are obligated to update later changes to the access data of their accounts without delay. Such corrections are made in nac.today under “Edit profile”.
5.2 When placing material within nac.today
5.2.1 Users are responsible for the contents (including texts, pictures, graphics and links) which they make available or distribute in nac.today. Thereby it is incumbent on users to ensure that the material which they may have respectively placed in nac.today is legitimate; particularly that it is not contrary to applicable laws and that it is not damaging to third parties.
5.2.2 It is prohibited to make contents of nac.today available or to distribute them if and insofar as they are contrary to lawful regulations, the rights of third parties or against common decency. Furthermore, all users are obliged to observe the binding code of conduct for the use of nac.today, which can be more stringent than applicable statutory provisions.
5.3 When publishing media
5.4 In using the contents of nac.today
5.4.1 nac.today and its applications may only be used for private purposes. All contact data of nac.today users which is accessible through this inter-active online facility may therefore not be used by nac.today users for any other purpose than for private communication. The utilization of users’ data, for example, for the purpose of personnel data acquisition by employers, training organizations, personnel or employment agencies, universities, technical colleges or through comparable public or private educational establishments is not permitted.
5.4.2 Any usage of nac.today which aims to take advantage of its applications or available accesses for business, industrial or any other commercial purposes is forbidden.
5.4.3 The available contents of nac.today may not – with exception of legally acceptable instances – be copied, distributed or otherwise made publicly available without the authority of the respective legal owner. Similarly, the use of computer programs which automatically read data, as for example, crawlers (alias Spider or Robot, in short: bots) are also forbidden.
6. Sanctions and other consequences from violations by users
6.1 Compliance with this user agreement – in particular the terms within section 5 “User obligations” – is of considerable importance for the functionality of nac.today. Therefore the New Apostolic Church will place sanctions against any user when and insofar as concrete evidence exists before the New Apostolic Church that a user has violated lawful regulations, the rights of third parties, common decency and/or the code of conduct. Furthermore, the New Apostolic Church is entitled to remove incriminating contents from nac.today without prior warning.
6.2 The New Apostolic Church will include the rightful interest of any affected user in decisions to sanction. In doing so, consideration will be made, amongst other things, whether an unwitting malpractice has occurred or a culpable violation. The New Apostolic Church will take the following measures and sanctions into consideration:
* partial and complete deletion of a user’s contents,
* warning a user,
* limitation of use of nac.today applications,
* temporary barring of a user,
* permanent barring of a user.
6.3 If a user becomes barred from using nac.today he will be prohibited from further access to the website. Furthermore, a barred user is not allowed to re-register.
7. Release from liability through the user
The user releases the New Apostolic Church from all claims which third parties may bring to bear against the New Apostolic Church on the grounds of any breaches of their rights caused by the contents created by users within nac.today or through their usage otherwise of applications made available in nac.today. The likely costs of necessary legal defense actions by the New Apostolic Church, including all court and lawyers’ legal fees will be met by the user; this will not apply when an unwitting malpractice by the user has occurred. The user is obligated to inform the New Apostolic Church without delay, truthfully and fully in any instance of claims made by any third party and must provide all information which is available to him and which may be required for claim checks and for its defense. Any further damage claims by the New Apostolic Church against the user will remain unaffected.
8. Limited liability by the New Apostolic Church
8.1 In accordance with legal requirements, the New Apostolic Church, as service provider, is not obligated to supervise the communicated or stored information or, according to circumstances, to warn of any illegal activity. In this respect, the New Apostolic Church does not accept responsibility and gives no formal or implicated guarantee for any contents released by users or for the accuracy and reliability of contents released by users in nac.today. Should the New Apostolic Church, however, receive knowledge of an illegal activity by any user or obtain information of such within nac.today the information will be immediately removed or its access denied.
8.2 The New Apostolic Church accepts unrestricted liability against users for damages resulting from harm to life, body or health caused by intentional or negligent breach of duty, as well as for other damages which result from intentional or negligent breach of duty and from deceit. Furthermore, the New Apostolic Church accepts unrestricted liability for damages according to liability contained in compulsory statutory provisions, such as the product liability law, as well as in the acceptance of guarantees.
8.3 The New Apostolic Church accepts liability, limited to the value of foreseeable damages inherent in contracts, for such damages which are not contained within paragraph 8.2 and are caused by the culpable conduct of the legal representatives, executive employees or other persons providing assistance to the New Apostolic Church.
9. Data protection – What happens to data which is retrievable in nac.today?
9.1 Das Konzept von nac.today basiert auf der Veröffentlichung von Artikeln, die seitens der Nutzer kommentiert werden kann. Diese Kommentare sind von anderen Nutzern einsehbar. Es obliegt dem Nutzer zu entscheiden, ob und welche Daten und Inhalte er anderen Nutzern zugänglich machen möchte; dies betrifft insbesondere persönliche Daten und Kontaktinformationen.
10. Miscellaneous: future changes and final provisions
10.1 The New Apostolic Church reserves the right to alter the conditions of this user agreement at any time and without giving reasons under consideration of the provisions in paragraphs 10.1.1 to 10.1.3, which follow.
10.1.1 By exception, every alteration to the description of the contract contents in section 4 of the user agreement is explicitly excluded from the above rights of alteration statement. The New Apostolic Church will therefore inform the user of possible changes and/or variations to the guaranteed benefits and will offer them as a continuation of the relationship with the user, whereby other conditions may then apply if, as a consequence of the change and/or variation, the interest of the user is affected. Hereby, the user’s right of termination at any time, as per paragraph 3.1 remains unaffected.
10.1.2 Other changes of conditions which are not covered within paragraph 10.1.1 will be sent by e-mail to the user at the latest in two weeks before they are to be incorporated. If the user does not disagree to the application of the new user agreement within two weeks following receipt of the e-mail, then the changed user agreement will be considered as accepted. The New Apostolic Church obligates itself to separately advise the user in the e-mail containing the changed conditions of the implication of the two weeks deadline.
10.1.3 If the user disagrees to the application of the new user agreement within the two weeks deadline, as stated in paragraph 10.1.2, the New Apostolic Church is then authorized to terminate the user’s contract in an orderly manner with a deadline of fourteen days.
10.2 The New Apostolic Church can use third parties as so-called assistants for the purpose of contract implementation and thereby fulfill the contractual performance obligated by the New Apostolic Church.
10.3 In lieu of the New Apostolic Church, it is possible that the rights and duties of third parties, working under contract for the New Apostolic Church, will come wholly or partially into effect with a termination deadline of one month. If such a case should occur the user is authorized to terminate his contract with the New Apostolic Church without justification (further information on de-registration in paragraph 3.1).
10.4 This user agreement and the contractual relationship between the New Apostolic Church and the user are exclusively governed by the laws of Switzerland. These rights only apply to the user as long as any superseding rights in the nation in which the member normally resides do not nullify them.