Effective Date: October 2019
Operator: Martin Koban, Bahnhofstraße 2a, 02733 Cunewalde, Germany, Email: legal@martinkoban.com
1. Scope of Application
These Terms and Conditions apply to the use of the website https://martinkoban.com (“Site”), including all associated media such as videos, online courses, books, downloadable content, emails, and social media content. The Site is operated by Martin Koban (“Operator”). By accessing and using the Site, you agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms disclosed on the Site, including Terms of Participation.
If you do not agree with any part of these Terms and Conditions, please do not use the Site. The Operator reserves the right to update these terms at any time. Your continued use of the Site constitutes your acceptance of any such modifications.
2. Intellectual Property and Use Restrictions
All content on the Site, including text, images, videos, audio, software, and other materials (“Content”), is the intellectual property of the Operator and protected under German and international copyright laws. You may use the Content for personal, non-commercial purposes only, provided you retain all copyright and proprietary notices. Any modification, reproduction, distribution, or public display of the Content without prior written permission is strictly prohibited.
By submitting any content to the Site, including but not limited to comments, media files, or written posts, you affirm that you are the rightful owner or have permission to share the material. You grant the Operator an unrestricted, worldwide, royalty-free, perpetual license to use, modify, distribute, and display such submissions in any medium.
If your contribution constitutes a “work made for hire” under Section 101 of the U.S. Copyright Act or applicable local law, the copyright belongs to the Operator. Otherwise, you agree to transfer all rights and interests in such work to the Operator.
3. Terms of Participation
Participation in courses, programs, and communities hosted by the Site is intended to be a positive and respectful experience. The Operator reserves the right to suspend or terminate your participation at any time and without refund if you disrupt the environment, fail to follow guidelines, or interfere with others’ participation.
You agree to maintain confidentiality regarding any personal or sensitive information shared by other participants. You further agree not to reproduce or distribute course materials without written authorization from the Operator. Any breach of confidentiality or intellectual property may result in legal action, including injunctive relief.
4. Disclaimer of Liability
The Operator strives to ensure the accuracy and relevance of the Content on the Site but does not guarantee its completeness or correctness. The use of the Site and its Content is at your own risk. The Site and all associated materials are provided “as is” and without any warranties, express or implied.
The Operator disclaims all liability for any damages, including direct, indirect, incidental, or consequential damages, arising from the use or inability to use the Site or the reliance on any information provided therein. This includes, but is not limited to, claims related to third-party services, user conduct, or external links.
5. No Medical or Professional Advice
The Site provides educational content and general wellness information. It does not offer medical, legal, therapeutic, or professional advice. The Operator is not a licensed medical practitioner and does not claim to diagnose, treat, or cure any medical condition.
You must not rely on any Content from the Site as a substitute for professional medical advice. Always consult a qualified healthcare provider before making health-related decisions. Never disregard or delay seeking professional advice based on information from the Site.
6. Right to Use Name and Likeness
By participating in any program or providing a testimonial, you grant the Operator an irrevocable license to use your name, image, likeness, voice, and biography for promotional, educational, or commercial purposes in any medium. You waive all rights to compensation or approval in connection with such use and acknowledge that the Operator owns all associated intellectual property rights.
7. Release and Waiver of Liability
By using the Site or participating in any program, you release and discharge the Operator and all affiliated persons or organizations from all liability arising from your participation, including claims of injury, loss, or damages. You agree to indemnify and hold harmless the Operator and associated parties from any claims, including legal fees, resulting from your conduct or use of the Site.
8. External Content and Links
The Site may contain references or links to third-party websites and content. The Operator is not responsible for such content and does not guarantee its legality, accuracy, or safety. The inclusion of external links does not imply endorsement. Accessing third-party content is at your own risk.
Under §§ 8 to 10 TMG, the Operator is not obligated to monitor third-party information or investigate unlawful activity without specific notice. Upon notification of legal violations, the relevant content will be removed promptly.
9. Copyright and Usage Rights
All materials created by the Operator are subject to German copyright law. Any duplication, processing, or distribution beyond what is legally permitted requires written consent from the Operator. Downloads and copies from the Site are permitted only for private, non-commercial use. If any copyright infringement is suspected, please notify us immediately.
10. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Federal Republic of Germany. Any disputes arising from the use of the Site or its Content shall fall under the exclusive jurisdiction of the courts of Germany.
11. Contact
For questions regarding these Terms and Conditions, please contact:
Email: legal @ martinkoban.com