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General terms and conditions of use

Introduction

In using the service provided by networkingscout.com visitors, users, registered networkers and network owners and employees (named "user" below) accept the following general terms and conditions for the use of networkingscout.com (named "GTC" below).

networkingscout.com devotes itself solely to the subject of networking in the field of business and accepts only networks whose goals are in relation to the incorporation or initiation of business relationships (named “Network” below" ).

The GTC govern the contractual relationship between the user and networkingscout.com.

1. Purpose

1.1. The networkingscout.com-websites offer registered as well as non-registered users two types of use:

  1. free research of those networks registered with networkingscout.com as well as free use of the additional information available on the subject of networks; for network owners there is additionally the opportunity, for the appropriate network to take up free basic entry in networkingscout.com.
  2. pay entry of networks through their network owner for various ranges of packages with differing ranges of services.

1.2. Details about the pay package for the entry of networks are specified in the networkingscout.com-Website in the “Network registration” area. The prices stated there are binding. The remuneration of these service packages is due for payment immediately.

1.3. Every further use of the services and content offered by the networkingscout.com-Websites with the exception of the opportunities provided by networkingscout.com requires the prior written agreement of networkingscout.com.

1.4. networkingscout.com only makes the data and/or information provided by the user available to other users as long as this data and/or information does not contravene legal regulations or these GTC. networkingscout.com is authorized to remove unlawful content from the networkingscout.com-Websites without advance notice. The contract between the user and networkingscout for the pay service-package first comes into effect through the activation of the rights of use of the networkingscout conditions. The mere dispatch of the invoice to the user cannnot be used as a declaration of acceptance to finalise the user contract.

1.5. The user accepts that 100 % availability of the networkingscout.com-Websites is not technically possible. networkingscout.com however will endeavour to keep the networkingscout.com-Websites constantly available as much as possible. Particularly maintenance, security or capacity concerns, as well as events, which are not within the power of networkingscout.com (eg. Network problems, power cuts, etc.) can cause short-term disruptions or a temporary interruption of service to the networkingscout.com-Websites

1.6. networkingscout.com simply offers the user a platform, in order to supply the users with information about networks and respectively to introduce networks to networkingscout.com.

2. Registration

2.1. The user can use basic functionality for free. For the use of further authorisation it is advised to use the free registration as a 'networker' under 'Become a networker'. Users who run a network and want to appear in networkingscout.com must register themselves as a 'Network' under “Network registration”. After registering, the user – who runs a network – can choose and respectively order the free or pay service package to present their relevant network.

2.2. The user ensures that all the inputted data is true and complete. The user is obligated, networkingscout.com to advise immediately of any changes to their user data. The user is not allowed to use a pseudonym or a false name.

2.3. On registering the user chooses a username and password. The user is obligated to keep the password secret. networkingscout.com will not give the password to a third party and will never ask the user for their password.

2.4. Every user should register only once and should only create one userprofile.

2.5. networkingscout.com cannot technically determine for definite if a user who has registered with networkingscout.com actually is the person they say they are. networkingscout.com therefore provides no safeguard for the actual identity of a user. Every user has to therefore convince themselves as to the identity of another user.

3. User obligations

In using the content and services of the networkingscout.com-Websites the user assumes responsibility to respect the applicable legislation as well as all third party rights. It is particularly prohibited for the user

  1. to use offensive or slanderous content, independent of whether this content affects other users, networkingscout.com-employees or other people or organisations,
  2. to use pornographic content or content contravening the law for the protection of the youth or to use, offer or distribute pornographic products or products contravening the law for the protection of the youth
  3. to harass other users unreasonably (especially through SPAM) (vgl. § 7 Fair trade law , UWG),
  4. to use content protected by law (eg. by the author-, brand-, patent-, design patent- or utiliy patent law) without being authroised to do, or to use, offer or distribute good or services protected by law, as well as
  5. undertaking or promoting anticompetitive practices including accelerated canvassing (like chains-, snowball- or pyramid-schemes).

4. Changes to the service of the networkingscout.com-Websites

networkingscout.com reserves the right to change the services offered in the networkingscout.com-Websites or to offer an alternative service, except that which the user finds unreasonable.

5. Contract commencement, duration and termination

The contract with users who register themselves as a person for free with networkingportal.de in order to be able to use the extra services (eg. the weighting function) is registered under 'Become a networker’(application) on networkingscout.com and its activation is effected by networkingscout.com (acceptance).

The contract with users who register a network at networkingscout.com is effected by the registration of a network at networkingscout.com by the owner of the relevant network or their assistants (application) and its activation is effected by networkingscout.com (acceptance).

The user can cancel the pay service package at any time during the course of the current accounting period (day of the invoice + 12 months) with a notice period of 14 days before the end of the accounting period.

6. Cancellation of the contract

Paid for pay service packages can be cancelled at any time during the course of the current accounting period (day of the invoice + 12 months) with a notice period of 14 days before the end of the accounting period.

Furthermore networkingscout.com maintains the right, at any time to bar a user from using the portal – independent of whether they have the networkingscout free service or pay service package. networkingscout.com can cancel the contract with a notice period of 14 days in advance of the end of the accounting period, or also at any time where good cause may be shown without adherence to a cancellation period. Important reasons would be if the continuation of the contractual relationships until the end of the contract is not reasonable for networkingscout.com taking into consideration all the circumstances of the individual case and in appreciation of the interests of networkingscout.com and the user. Important reasons are particularly the folllowing events:

  1. Failure to comply with the statutory rules and regulations by the user,
  2. Breach of the terms of the contract by the user and respectively these GTC
  3. The reputation of the service offered by the networkingscout.com-Websites is considerably impaired by the presence of the user (eg. if after registration of the user it turns out that the user has been legally convicted as a result of a criminal offence and other users know about this conviction),
  4. The user canvasses for consortia or communities - or their methods or activities – which are being observed by safety or protection of minors authorities, or
  5. The user damnifies one or other user.

Upon good cause shown according to cypher 5 a)-e) networkingscout.com can also impose the following sanctions on the user independently of a cancellation according to cypher 5:

In the following circumstances the user’s entitlement to a refund for prepaid fees is excluded:

7. Responsibility for the content, data and/or information of the user

networkingscout.com does not take any responsability.

8. Liability of networkingscout.com

Claims made against networkingscout.com are in any case limited to gross negligence or wilful act.

9. Exemption

9.1 The user indemnifies networkingscout.com from all claims including gross negligence, which the other user or another third party against networkingscout.com because of an impingement on their rights durch die vom Nutzer auf die networkingscout.com-Websites eingestellten Inhalte geltend machen. The user further indemnifies networkingscout.com from all claims including Gross negligence, die andere Nutzer oder sonstige Dritte gegen networkingscout.com wegen der Verletzung ihrer Rechte durch die Nutzung der Dienste der networkingscout.com-Websites durch den Nutzer geltend machen. The user takes into charge all networkingscout.com aufgrund einer Verletzung von Rechten Dritter entstehenden angemessenen costs, including der für die Rechtsverteidigung entstehenden angemessenen Kosten. Alle weitergehenden Rechte sowie Schadensersatzansprüche von networkingscout.com bleiben unberührt.

Die vorstehenden Pflichten des Nutzers gelten nicht, soweit der Nutzer die betreffende Rechtsverletzung nicht zu vertreten hat.

9.2 If by the content of a user the rights of a third party are harmed, the networkingscout.com user will on request of networkingscout.com enforce the auhorisation to use the content or will design the content without trademark rights at their own costs. If by using the services of the networkingscout.com-Websites the rights of a third party are harmed by the user, the user will immediately cease their using the services in a way contrary to the terms of the agreement and/or/ illegal on request by networkingscout.com.

10. Jurisdiction

Jurisdiction and registered office of the organisation is Frankfurt am Main.

11. Severability Clause

If one of the terms and conditions of these GTC is invalidated the validity of the remaining terms and conditions remain intact.

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