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Preamble
1. Subject
2. Obligations of users
3. Cancellation
4. Liability
5. Release
6. Data security
7. Final clauses
Preamble
With the registration as a user of the Career Journal (formerly internationalStudentsClub), you are accepting the General Standard Terms and Conditions. Trade partner is the iSC International GmbH, Steubenring 2 in 53175 Bonn / GERMANY, in the following referred to as "iSC", represented by the chief executive officer Holger Vogel, registered in the trade register Bonn.
Those General Standard Terms and Conditions define the principles for the use of the websites, contain regulations about data security including an approval for data storage and also apply in case of use or partial use of other websites that allow complete or partial access to the Career Journal. The General Standard Terms and Conditions valid at the point in time of the membership application apply.
The offer is addressed to people, who are using the website of the Career Journal exclusively in the exercise of their studying activity, job search or for looking for personnel or for work-related activities authorised by the iSC. The iSC distances itself from contents of user profiles and from links to other websites given in forums.
1. Subject
1.1. Any use beyond the designated opportunities of the Career Journal websites needs prior approval through the iSC.
1.2 The iSC only makes the information provided by the user available to other users as long as the information doesn't violate statutory provisions or these General Standard Terms and Conditions. The iSC is entitled to remove illegal, indecent, politically or religiously glorifying and sexist contents from the website without advance notice and bar the originator and/or provider from the club.
1.3 The iSC reserves itself the right to alter, expand, limit or discontinue platforms contentwise, regarding structure and volume any time. The user accepts that an availability of 100 % can in general technically not be granted. The iSC reserves itself the right to stop or limit the service for a short time due to reasons of maintenance, security or capacity.
1.4 The iSC has at all times the right to block users or attach the use to certain requirements. A blocking of users or their limitation comes particularly into consideration if
- a user violates established law or these General Standard Terms and Conditions,
- the iSC has a legitimate interest in the blocking; especially if the user has made wrong statements in his data or sustains those.
- a user violates rights of third parties.
- a user publishes political, religious or sexist contents,
- conducts headhunting without authorisation or sells products or services on this platform unauthorised. A corresponding proceeding by the user is punished with a contract penalty of EUR 5,000.
- a user abuses performances of the iSC or another important ground is at hands.
Legitimate interests of users will be considered in connection with a blocking.
1.5 The iSC is not involved directly in connection with the communication of users and possible conclusions of deals and doesn't become trade partner. The completion of concluded contracts also takes place exclusively between the users. The iSC merely offers a platform and only provides the technical equipment that enables contacting in general. Thus the iSC is not liable if no contact comes into existance within the contractual period or rather if contracts between parties violate established law.
1.6 The user has to register through the website operated by the iSC. With the registration a contract for the transfer of use and enjoyment on grounds of these General Standard Terms and Conditions comes into existence between the user and the iSC if the iSC doesn't deny the registration immediately. The user guarantees that all data stated is true and complete. The user is obligated to report changes in the user data immediately. There is not claim to registration. The iSC reserves itself the right to block access without notice at any time if an important reason in the person of the user is at hand; in particular because of wrong statements in the registration and abuse of the platform.
1.7 Every user can only register once and set up only one user profile.
1.8 When registering, the user chooses an individual login name and an individual password, which grant only him access to performances provided for registered users. He is obligated to keep his password secret. The iSC won't forward the password to third parties or ask the user for the password at any point in time. The parties concerned agree that an abuse through third parties can't be excluded completely. Thus the iSC is not responsible for the true identity of users. Every user rather has to check the identity of other users himself if necessary.
1.9 The iSC incurs cooperations to optimise services for registered users. The user accepts that the online database of the iSC is not only available under the domain www.icareer-journal.com but also as an additional offer on websites of cooperation partners, who amend their own online performance with the career-journal website in the course of an coorporation with the iSC. The personal data of users will not be forwarded to third parties. Forwarding data voluntarily through the user is not affected by this.
2. Obligations of users
2.1. The users are obligated:
2.1.1. to only make true and not misleading statements in their profiles and their communication with other users and to not use pseudonyms or stage names as well as to forward only such pictures of themselves to the career-journal.com that are not older than 3 years and indicate the user clearly and distinctly. The user ensures that the public reproduction of the pictures forwarded to career-journal.com is allowed. The transmission of pictures or images of other or not existent people or other beings (animals, fantasy characters etc.) is not allowed.
2.1.2. to publish no illegal, sexist, political or religious contents or such that violate the rights of third parties (particularly in due consideration of the law for the protection of children and youth);
2.1.3. to use obtained information in the form of requests, biddings, offers or obtained data only for carrying out business on their own account or for their own use; particularly a further utilization, processing, granting access or forwarding is not allowed.
2.1.4. not to bother anybody with communcation attempts. The user is responsible for ensuring that the contact with other users is fully consistent with established law and doesn't violate established law.
2.1.5 not to bother (see §7 Law Against Unfair Competition; UWG) other users unsuitably (especially through SPAM/chain letters);
2.1.6. to restrain from the unauthorised selling of products and services as well as active headhunting.
2.1.7. to restrain from the following bothering actions, even if those shouldn't concretely violate laws:
- sending identic private messages to several users at the same time if it exceeds the normal amount
- execution, promotion and support of structural sales measures (like multi level marketing)
These points apply both for personally addressing individual users and also in the forums and the other communication possibilities of the portal (bulletin board, chat).
In case of violation, the administration reserves itself the right to delete such entries without warning.
2.2. The users are fully responsible for the information they publish on career-journal.com, e.g. on their own profile, and notice that the stated information is available to other users within the platforms.
2.3. The use of mechanisms, software or other scripts in connection with the career-journal.com website as well as blocking, overwriting, modifying, copying (This also applies to copying in the case of "Robot/Crawler" search engine technologies or through other automatic mechanisms ) or distributing generated contents are strictly prohibited for the user. The user has to avoid an unsuitable or excessive strain on the infrastructure of the internationalStudentsClub.
3. Cancellation
3.1 Both parties have the right to cancel the contract effective immediately at all times. The cancellation from side of the user takes place through the contact form (under the statement of the login name and the password), which is available on every page of career-journal.com. After cancellation of the contract all data of the customer will be deleted from career-journal.com if desired. The iSC informs about a termination in written form via email. The interests of the user will be considered in case of termination.
3.2 Furthermore a cancellation due to important reason according to § 314 German Civil Code is also possible. In this case the user account will be deactivated immediately with the termination.
3.3 For security reasons the iSC has principally the right to block an access temporarily until the clarification of facts.
4. Liability
4.1. The parties know that the transport of data through the internet is not within the power of the iSC. Thus the iSC can't give warranty that sent data arrives the addressee correctly or safely or will be displayed correctly if there is an error in the data transfer outside of the technical access sector of career-journal.com. The opportunity that the iSC offers its users is made available "as inspected" without warranty of a guarantee.
4.2. The liability of the iSC, its legal representatives or of an agent is excluded in case of ordinary negligence unless it concerns the violation of essential contractual obligations of the iSC, its legal representatives or of an agent. In case of a slightly negligent violation of essential contractual obligations, however, is the liability limited to a damage typical for the contract and foreseeable. The liability for malice and gross negligence are not affected by this.
4.3. The iSC is not responsible for contracts concluded between various users. Arising contractual obligations exist exclusively between the respective users. The users are exclusively responsible for the content of the data indicated. Thus the iSC can't assume responsibility for the content of data provided by users.
4.4. The iSC offers various usage modules (especially features) on its website career-journal.com. The iSC is not responsible for the contents of some features. The content of external websites is rather made available for intended usage through a hypertext reference link by career-journal.com. The iSC doesn't assume responsibility for the content of external websites referred to.The liability of the iSC in connection with the use of external websites, which is made possible through the features, through registered users of career-journal.com is limited to malice and gross negligence of the iSC, its legal representative or an agent. This limitation of liability applies equally to material and immaterial damages. The iSC is not liable for lost profits or consequential damages.
5. Release
The user exempts the iSC from all claims that other users or other third parties claim from the iSC because of the user's behaviour due to violation of their rights, including the costs for the necessary legal representation, law costs and legal fees.
6. Data protection
The iSC is aware that an especially sensitive handling of all personal data, which is transmitted to career-journal.com by users, is extremely important to users. Thus the iSC obeys all relevant legal data security guidelines.
6.1. The iSC makes users aware of the fact that the iSC processes data indicated by users in machine readable form as well as mechanically for purposes that arise from the contractual relationship. Forwarding data to third parties only takes place within purpose of contract. The iSC emphasises explicitly that all legal data security regulations will be adhered to strictly especially regarding forwarding data to third parties.
6.2 The iSC offers every user the opportunity to transmit his personal communication data in parts or entirely to other users respectively cancel access to the data. The transmission of that contact data happens at one's own risk.
6.3 With accepting these General Standard Terms and Conditions, the user states at the same time:
I agree
a. that the iSC collects my personal data and processes and uses those for the realisation, execution and processing of my usage relationship with iSC. Personal data is inventory data like name and address for example as well as usage data like user name, password and IP address.
b. that the iSc makes the various data stated by the user himself available to other users for contacting. The user can see which data will be made available when registering. The provision of the data can be stopped by the user at all times in the sector "My Profile".
c. that the iSC collects, processes and uses my usage data with the help of cookies amongst others for assigning a user ID for example. The cookies serve e.g. for the personal greeting with the user name in the career-journal.com.
d. that the iSC processes and uses my personal data for marketing measures such as sending emails with general information or of promotional nature (Newsletter). I agree that iSC also processes and uses my personal data to present contacts meeting my pesonal interests to me.
e. that the iSC can, if necessary in single cases, collect, process and use the inventory and usage data, in case of actual indications that have to be documented, that is necessary to reveal and prohibit information stated with intent to defraud and other illegal use or use of performances of iSC in breach of contract. For this purpose the iSC can also collect usage data, with the help of cookies amongst others, and process and use it in such a way that from the overall amount of all current information those pieces of information can be found for which actual indications exist that they were stated with intention of abuse.
f. that the iSC can furthermore, if necessary, process and use my personal data after termination of the usage relationship to maintain vast interests in revealing an abuse of the iSC platform and for prosecution and transmit them to prosecution authorities and to third parties, whose rights were violated, if actual indications for such an abuse, especially the setup of illegal offers, of the career-journal.com platform that have to be documented are present.
g. and accept that using this platform under a pseudonym or anonymously is unsuitable and thus the purpose of the platform couldn't be reached.
This agreement is saved on every page of the career-journal.com website under the link General Standard Terms and Conditions and can be cancelled in written form at all times through the contact form, which is available on every page of career-journal.com, through stating the user name and the password.
7. Final clauses
7.1. Oral side agreements don't exist.
7.2 The iSC reserves itself the right to change these General Standard Terms and Conditions at all times and without stating reasons. The changed conditions will be send to the user via email. If the user doesn't disagree with the application of the new General Standard Terms and Conditions within two weeks after receiving the email then the changed General Standard Terms and Conditions are considered as accepted. In case of objection at due date, the contracts continue with the original conditions unless they were declared ineffective by jurisdiction.
7.3 The iSC has the right to transmit its rights and duties of the contract completely or partially to a third party within 4 weeks after announcing it via email. In this case the user has the right to terminate the licence agreement after sending the transmission via email to de-support @ career-journal.com.
7.4 All statements transmitted within the licence agreement with the iSC have to ensue in text form or through the contact form that can be entered from every page of career-journal.com. The postal address of the iSC is: iSC International GmbH, Steubenring 2, 53175 Bonn / GERMANY. The postal address as well as the email address of a user are those that he stated as current contact data on the user account of the user. The iSC reserves itself the right to change its own email address mentioned above in its discretion. In this case the iSC informs the user about the change of the email address.
7.5. Should single conditions of contracts be or become legally ineffective, the effectiveness for the rest of the contract is not affected. The parties engage themselves to fill the gap originated from this with an effective regulation that comes as close as possible to the ineffective regulation and the contract in its economically desired meaning and purpose concerning the settlement content, unless the ineffective regulation serves for the protection of an individual.
7.6. Place of fullfilment is the headquarters of iSC International GmbH. The headquarters of iSC International GmbH alone is the place of jurisdiction for all conflicts arising from the contractual relationship between the parties. This applies if the user is full merchant, a legal person under public law or public special fund. German law exclusively decides on the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods and the international private law.
Bonn, August 5 2009
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