Terms and conditions of use

1. Definitions
"Wort & Bild" or "Wort & Bild Verlag" is Wort & Bild Verlag Konradshöhe GmbH & Co. KG.
"Health portals" are all portals on the subject of health operated by Wort & Bild on the Internet, currently available at www.apotheken-umschau.de, www.senioren-ratgeber.de, www.diabetes-ratgeber.net and www.baby-und -familie.de. The health portals also include sub-areas located on these.
"Users" are all visitors to the health portals, i.e. both the members registered on the health portals for the personal area and the visitors who are only on the pages on the health portals that can be accessed without registration.
"Terms and Conditions" are the general terms and conditions of business for the health portals and the sub-areas located on them in this section.

2. Introduction
2.1. Validity of the terms and conditions
These terms and conditions apply to the use of the health portals as well as to all sub-areas located on them. General terms and conditions of the user do not apply insofar as they deviate from or contradict these General Terms and Conditions. These terms and conditions can be found on the health portals under the heading "Terms and Conditions".

2.2 General
The health portals are telemedia.
Users have the option of commenting on content and ordering newsletters. Registration in the personal area enables you to display yourself in a profile.
Wort & Bild provides the technical platform. If Wort & Bild provides its own content for users, these are marked as such.

2.2 Important usage information
The content of Word & Image on the health portals aims to present medical facts as comprehensively and exhaustively as possible in a form that the layperson can understand. In this sense, the individual presentations naturally only contain general information that cannot replace individual diagnosis, advice and treatment by doctors. They must therefore not be used to independently make diagnoses or carry out treatments without consulting the doctor and pharmacist.
Insofar as information on the use and dosage of drugs is given on these pages, this information corresponds to the state of knowledge at the time of publication marked by the date. Medical and pharmaceutical science is constantly evolving. Research and experience in clinics and practice lead to new insights.
Except in the case of a breach of essential obligations, Wort & Bild's liability is limited to intent and gross negligence. In the case of personal injury, liability is not limited.
Insofar as content from other websites or works by other creators is made accessible on the health portals of Wort & Bild - for example the content of health encyclopedias - and insofar as the adoption is indicated by sources or references, the creator is solely responsible for this content. Wort & Bild carefully selected the creators of this content or the works. However, no content control has taken place, so that any liability of Wort & Bild for the content is excluded.
The health portals also contain links to offers from third parties that are maintained by them and whose content is not known to Word & Image. Wort & Bild only provides access to these offers and therefore assumes no liability for their content. Nevertheless, Wort & Bild will delete the link to these pages if it becomes aware of illegal content there.
Furthermore, Wort & Bild cannot accept any responsibility for contributions from users. In this respect, too, we are dealing with third-party offers and in no way expressions from Wort & Bild Verlag. Nevertheless, Wort & Bild reserves the right to remove posts with offensive, defamatory, obscene, racist or illegal content.
We ask you to inform us immediately by email if you find such content in comments or on linked third-party pages.

3. Access and Use
There is no legal entitlement to access and use.

4. Registration
The user guarantees that the data entered by him is correct and up-to-date. In the event of changes, the user is obliged to update his data within a reasonable time.
A user may only register for himself. Registration by third parties is not permitted.
Wort & Bild cannot determine with certainty whether the identity given by a registered user matches his / her actual identity, i.e. whether the information is authentic. Wort & Bild therefore does not accept any liability for the correctness of the information provided by users regarding their identity or for the authenticity of the users.

5. Applications; Availability; Email notifications
The health portals include various applications that can be used after registration. The user can create a personal profile and post comments.

Wort & Bild endeavors to keep the health portals available at all times. However, Wort & Bild does not guarantee continuous availability and has the right at any time to block the health portals and the applications located on them in whole, in part, in general or for individual users or user groups. Wort & Bild will, if possible, point out planned maintenance times that mean longer-term unavailability. Wort & Bild is entitled at any time to restrict the availability of the applications as a whole or the access to individual applications for certain times.

Wort & Bild is entitled to send automatically generated emails to registered members.

6. User Obligations
6.1 Principle
When using the health portals and the various applications that can be used after registration, the user is obliged to observe the applicable laws and, in particular, not to violate the rights of third parties.
The user is obliged to provide truthful information when registering.
The user is obliged to keep his user ID and password secret. If the user becomes aware of the misuse of his identification, he must inform Wort & Bild of this immediately. In the event of abuse, Wort & Bild is entitled to block access immediately. The user is liable for any misuse for which he is responsible.
6.2 User profile
6.2.1 When creating a user profile, the user must provide the required minimum information. All other details are optional.
6.2.2 All information contained in the profile must be truthful.
6.2.3 The user can post a photo of himself in his user profile. Photos are allowed in which the user himself is recognizable, as well as drawings, logos and graphics. If the user posts a photo, drawing, logo or graphic in his profile, he guarantees that he is the owner of the necessary rights of use.
6.3 Posting of content
6.3.1 "Contents" in the sense of these terms and conditions are information in the broadest sense, in particular texts, files, graphics, images and links.
6.3.2 The user undertakes not to post any content that violates applicable law or these terms and conditions.
6.3.3 In particular, the user undertakes to
• not to post content that contains untrue statements of fact;
• not to post any offensive or defamatory content, regardless of whether this content relates to Wort & Bild, other users, moderators, employees of Wort & Bild Verlag or other natural or legal persons;
• not to use any pornographic content or content that violates youth protection laws or to advertise or offer pornographic or youth protection laws;
• not to post any content that constitutes sedition;
• to refrain from the unauthorized use of content or marks protected (in particular by copyright, trademark, name, patent, design or utility model law);
• not to undertake or promote any actions that violate competition law, in particular not to bother other users by sending unsolicited advertising e-mails;
• not to post any content that contains legal services or tax advice or other individual advice to third parties or that is used to advertise such a service or advice;
• not to post any content that directly or indirectly advertises products, services, political parties or beliefs;
• not to post any content that is subject to a statutory or contractual obligation to maintain secrecy;
• not to set any links to other telemedia with illegal content.
6.4 Use of Content
The user may not reproduce, distribute, otherwise make publicly available or exploit in any other way the content on the health portals without the consent of the respective rights holder. This does not apply if corresponding actions are expressly permitted in accordance with the applicable laws. Posting links in social networks such as Facebook, Twitter, Google+ or other networks is only permitted if the possibility of transferring images, graphics or illustrations from the linked post into the preview image of the post is excluded, i.e. H. the corresponding function is deactivated in the social network.
6.5 Technical precautions
It is up to the user to create the necessary technical prerequisites for access to the health portals; this applies in particular to the hardware and operating system software used by him, the connection via the Internet and the use of the required browser software.
In the case of the technical further development of the platform used by Wort & Bild and its individual components, it is the user's responsibility to take the necessary adjustment measures for the software and hardware used by him.
The proper usability of the applications assumes that the user's system accepts the cookies transmitted by the Wort & Bild Verlag server. It is up to the user to make the appropriate settings.
The user is obliged to take the necessary precautions to secure his system, in particular to use the current security settings of the browser, to carry out regular data backups and to use up-to-date protection software to protect against computer viruses and other malware.

6.6 Malfunctions
Activities that disrupt or impair the integrity and functionality of the applications or that harass other users are not permitted. This includes, in particular, the disruption of security precautions, such as the application or the smuggling of malware and the sending of spam mail to other users.
If the user becomes aware of activities of the type described above or any other use of the health portals that is contrary to the law or the contract, he should report this to Wort & Bild using the function provided for these cases or by e-mail.

7. Contributions and Comments
The user undertakes to only post posts and comments that correspond to the topic of the respective health portal. The tone should be polite and objective. Factual criticism is welcome, but personal attacks should not be allowed.
The user is solely responsible for the contributions and comments he has posted. Wort & Bild, its employees and the moderators are not obliged to check the contributions and comments for legality, correctness, topicality or completeness.
Wort & Bild, its employees and the moderators are entitled to delete posts and comments that violate these terms of use, in particular those mentioned in section 6 and this section 7. In this case, Wort & Bild is also entitled to prevent the user from posting further contributions and comments.
Posted contributions, comments, opinions, information and other content do not reflect the opinion of Wort & Bild Verlag, its employees or the moderators. These do not adopt the contributions, comments, information and opinions of the users as their own. Wort & Bild, its employees and the moderators are not responsible for any other content or activities of users.

8. Rights of Wort & Bild Verlag in the event of breaches of duty
Wort & Bild is entitled to take measures against the user concerned at its own discretion in the event of violations of statutory provisions or these terms and conditions.
Wort & Bild reserves the right to take the following measures and sanctions in particular, without prejudice to other rights and claims:
• Deletion of contributions, comments or other content posted by the user;
• Exclusion of the user from certain applications;
• temporary or permanent blocking of the user.
If the user is blocked, the further use of the health portals is prohibited. The user's ID is blocked. The user's profile is deactivated so that it can no longer be accessed by other users and is deleted after a retention period of 90 days, unless Wort & Bild needs this data to assert claims against the user. The user is also prohibited from registering again.
Words and pictures are not obliged to justify appropriate measures and sanctions.

9. Authorization of Wort & Bild Verlag to make changes
Wort & Bild reserves the right to temporarily or permanently discontinue or limit the health portals, the applications on them that can be used after registration, in whole or in part.
Wort & Bild is entitled to make changes to the health portals at any time, in particular to modify the structure, categories and functionalities, to set up anew, to change or to remove them in whole or in part.
Wort & Bild is entitled at any time to change the modalities for posting contributions and comments by users. In particular, he is entitled to limit the times in which contributions and comments can be posted.

10. Rights of Wort & Bild Verlag to the health portals
The user acknowledges that the health portals and the applications that can be used after registration are databases and databases i. S. v. §§ 4 Abs. 2, 87a Abs. 1 UrhG acts, which are in the legal ownership of the Wort & Bild Verlag. The associated computer programs are protected according to §§ 69a ff. UrhG. The content is protected by copyright in accordance with the statutory provisions.
The rights to all other elements of the health portals, in particular the rights of use and ancillary copyrights to the content and documents posted by Wort & Bild, are also exclusively owned by Wort & Bild.
Brands, company logos, other marks and protection notices, copyright notices and other features used to identify the health portals or individual elements thereof may not be removed or changed. This also applies to printouts.

11. Granting of rights for content posted by the user
11.1 The user grants Wort & Bild to the content posted by him on the health portals at the time of posting the non-exclusive, spatially and content-unrestricted, freely transferable right of use and exploitation. The right includes all known and unknown types of use.
11.2 The granting of rights to content that is posted in the user's personal profile, in particular to photos and texts and information posted there, is limited in time to the duration of the user contract. The corresponding content will be deleted by Wort & Bild after the user contract has ended.
11.3 The granting of rights to contributions and comments that the user has posted, including any content they may contain, e.g. sound or image files, is permanent. The contributions and comments of the user will be anonymized after termination of the user contract in accordance with Section 13.5 of these GTC.
11.4 The right of Wort & Bild Verlag includes, in particular, use within the framework of health portals, other telemedia and other use in electronic networks, including the Internet and intranet, within the framework of on-demand services (demand services of all kinds), within the framework of mobile communications supported applications, in the audiovisual sector, in the context of digital media and multimedia products of all kinds, as well as in the print sector.
11.5 The right of Wort & Bild Verlag includes in particular:
11.5.1 the right to reproduce, make publicly available and disseminate, i.e. the right to reproduce, make publicly available and publicly reproduce the content without limitation regardless of the technology used, in particular through digital integration in the context of health portals and other telemedia;
11.5.2 the right to make the content available on request, i.e. the right to save the content, make it available for the public, transfer it to one or more users, in all electronic databases, electronic data networks and telecommunication service networks;
11.5.3 the right to advertise, i.e. the right to use the content for advertising the health portals and other telemedia or other offers from Wort & Bild Verlag or third parties, also in any other media and outside the internet, in particular in print media.
11.5.4 the right of communication to the public, ie the right to publicly reproduce the content, commercially or non-commercially, by means of sound carriers, image carriers, image and sound carriers, multimedia carriers and other data carriers in all formats, using all analog and digital processes and techniques, including the right to electronic and non-electronic acoustic reproduction of the text;
11.5.5 the right to edit, ie the right to edit, translate, arrange and carry out other changes, including the right to publish or exploit the editing and the right to reproduce the results achieved, by oneself or by third parties while respecting moral rights in all media, especially in print media;
11.6 The granting of rights also includes partial use of the content as well as the right to link with other works and to use them in conjunction with other works.
11.7 Wort & Bild Verlag is entitled to transfer the rights to which it is entitled under the preceding paragraphs, in whole or in part, to third parties temporarily or permanently without obtaining further consent and to grant third parties temporary or permanent corresponding rights and to grant a license to exercise the rights.
11.8 The rights granted in accordance with Section 11 Wort & Bild are also granted to the legal successors of Wort & Bild Verlag.

12. Technical protective measures

Wort & Bild is entitled to take technical measures to prevent use beyond the permitted scope, in particular to install appropriate access barriers. The user may not use any devices, products or other means that serve to circumvent or overcome the technical measures of Wort & Bild Verlag. In the event of a violation by the user, Wort & Bild is entitled to block the user's access immediately. Further rights and claims of Wort & Bild Verlag, in particular claims for damages, remain unaffected.

13. Termination, termination of use; Deletion and anonymization
13.1 The user has the right to terminate the user contract and thus his membership in the personal area of ​​the health portals at any time without giving reasons. To do this, the function provided on the website can be called up and the corresponding declaration can be made by clicking the corresponding button. Alternatively, the user can make a corresponding declaration by sending an email or by sending a written message by post.
13.2 Wort & Bild has the right to terminate the user contract and thus the membership of the user at any time without giving reasons with a notice period of 2 weeks to the end of the month.
13.3 In addition, Wort & Bild can terminate the user contract for an important reason at any time with immediate effect. An important reason exists in particular if Wort & Bild is unreasonable to continue the user contract, taking into account all the circumstances of the individual case and weighing the interests of the user and Wort & Bild Verlag. Important reasons are, in particular, the user's violation of statutory provisions, the user's repeated violation of contractual obligations and the well-founded concern that the user's behavior may impair the reputation of the health portals or Wort & Bild Verlag.
13.4 Upon termination of the user contract, Wort & Bild ensures that the user account, the personal profile of the user including any image files that may have been set as well as other personal data of the user can no longer be accessed by other users and that they are deleted after a retention period of 90 days unless Wort & Bild needs this data to assert claims against the user.
13.5 Posts and comments that the user posted prior to termination remain - unless Wort & Bild erases them - still publicly accessible after termination. A deletion of the name of the user from the texts of the contributions or comments is not possible.

14. Liability for defects; Liability for links
Wort & Bild Verlag's liability for material defects and defects of title is excluded, unless the defect was fraudulently concealed.
Wort & Bild has no influence whatsoever on the current and future design and on the content of telemedia, communications or other information from other service providers linked by means of links or in any other way. Wort & Bild hereby expressly distances itself from the design and content of corresponding telemedia, communications or information.

15. Obligation of the user to indemnify
15.1 The user is obliged to exempt Wort & Bild, its employees, the moderators and other vicarious agents of Wort & Bild Verlag from all claims made by third parties against them due to a violation of their rights through the content posted by the user on the health portals or through any other Assert unlawful use of the health portals by the user. The user reimburses Wort & Bild, its employees, the moderators and other vicarious agents for all costs incurred due to a violation of the rights of third parties, including the costs incurred for legal defense at the statutory rate. The above obligations of the user do not exist if the user is not responsible for the infringement in question.
15.2 The user is obliged to provide Wort & Bild and the moderators immediately, truthfully and completely with all information available to him in the event of a claim by third parties and to provide materials that are necessary for an examination of the claims and a defense.
15.3 All further rights and claims of Wort & Bild Verlag, its employees, moderators and other vicarious agents of Wort & Bild Verlag remain unaffected.

16. Limitation of Liability
16.1 Wort & Bild is liable within the framework of the statutory provisions for damage resulting from injury to life, limb or health as well as for damage based on intent or gross negligence on the part of Wort & Bild Verlag, one of its legal representatives or one of its vicarious agents.
16.2 Liability under the Product Liability Act, if applicable, remains unaffected.
16.3 Otherwise, any liability on the part of Wort & Bild Verlag is excluded.
16.4 The above provisions also apply mutatis mutandis to liability with regard to the reimbursement of wasted expenses.
16.5 The above provisions also apply in favor of the employees of Wort & Bild Verlag, the moderators and other vicarious agents of Wort & Bild Verlag.

17. Data protection
17.1 Wort & Bild collects and uses the user's personal data to provide the health portals in accordance with the applicable legal provisions, in particular the provisions of the General Data Protection Regulation and the Telemedia Act, in accordance with the data protection declaration on the health portals and, if applicable, in accordance with the consent given by the user the collection and use of his personal data.
17.2 The type, scope and purpose of the collection and use of personal data from users are explained in the data protection declaration, which users can access at any time using the "Data protection" link.

18. Future changes to these terms and conditions
18.1 Wort & Bild reserves the right to change provisions of these terms and conditions at any time and without giving reasons.
18.2 If the user objects to the change, Wort & Bild is entitled to properly terminate the contractual relationship with the user with a notice period of fourteen days after receipt of the objection.
18.3 The current version of the terms and conditions is published on the health portals and can be accessed there.

19. General provisions

The law of the Federal Republic of Germany applies exclusively to all disputes arising from or in connection with these terms and conditions, regardless of the legal reason, but excluding all legal norms that refer to another legal system. These terms and conditions are interpreted in the same way exclusively according to German law.


20. Alternative Dispute Resolution

1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

updated 11/11/2020