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The small print - the general terms and conditions
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Preamble
1. Subject matter
2. User obligations
3. Termination
4. Liability
5. Indemnity
6. Data protection
7. Final provisions
Preamble
By registering as an internationalStudentsClub user you accept these general terms & conditions (hereinafter referred to as "Terms & Conditions"). The contracting party is iSC International GmbH, Höhenweg 6, 53639 Königswinter (hereinafter referred to as "internationalStudentsClub"), represented by Holger Vogel, Managing Director, and registered in the commercial register of Cologne. These Terms & Conditions refer to the website www.internationalStudentsClub.com as well as all pertinent sub-domains and aliases.
These Terms & Conditions define the principles of use of the websites, and contain conditions relating to data protection, including a declaration of consent for data storage, and applies also to the use or partial use of other websites allowing full or partial access to internationalStudentsClub. Those Terms and Conditions valid at the time of application for membership shall apply.
This offer is addressed to people who use this website of internationalStudentsClub exclusively in the course of their academic, recruiting or professional activities, approved by internationalStudentsClub in advance. InternationalStudentsClub distances itself from the content of the user profiles and from any links to any other websites stated in forums.
1. Subject matter
1.1. Any use other than the designated uses of the internationalStudentsClub websites requires the prior approval of the internationalStudentsClub.
1.2 The internationalStudentsClub shall release only that information provided by users to other users to the extent that the information is not in violation of legal provisions of these Terms & Conditions. The internationalStudentsClub is entitled to delete all illegal, immoral, glamorizing political or religious and sexistic content without any advance notice from the website, and to exclude the authors of these contents from the club.
1.3 The internationalStudentsClub reserves the right to alter, expand, limit, or close the platforms with respect to content, structure or extent at any time. The user acknowledges that in general, no technical guarantee can be given for 100% availability. The internationalStudentsClub reserves the right to limit or suspend services for reasons of maintenance, security or capacity at any time.
1.4 The internationalStudentsClub is entitled to block users or to stipulate specific preconditions for use at all times. Blocking or restriction of users shall come into consideration particularly in the event that
- a user violates applicable law or these Terms & Conditions if the internationalStudentsClub has a justifiable interest in such blocking - particularly if the user
has given or continues to give false information
violates the rights of any third party
publishes political, religios oder sexistic contents
pursues headhunting without permission or sells unauthorized products or services via this platform. Additionally any activities aiming in this direction are avenged with contract penalty of EUR 5.000.
abuses the services of the internationalStudentsClub or any other good cause exists.
Legitimate interests of the user shall be taken into account in connection with any blocking action.
1.5 The internationalStudentsClub is not party to the communication of users or to any business transactions and disclaims any direct participation therein. In addition, closed contracts shall be fulfilled exclusively between users. The internationalStudentsClub merely offers a platform for the purpose of introducing users to one another and only provides the technical means generally allowing contact to be made. The internationalStudentsClub accordingly refuses all liability in the event that no contact is made during the term of the agreement.
1.6 The user must register with the internationalStudentsClub via the internationalStudentsClub website. On registration, a user agreement comes into effect between the user and the internationalStudentsClub on the basis of these Terms & Conditions, provided that the internationalStudentsClub does not immediately reject the registration. The user warrants that all information provided to the internationalStudentsClub is true and complete. The user is required to provide notification of all changes to user data without delay. No right to registration shall be deemed to exist. The internationalStudentsClub reserves the right to revoke its approval at any time without notice particularly due to false information provided at registration or misuse of the platform.
1.7 Any user is only allowed to register once, and create only one user profile.
1.8 In the process of registration, the user chooses an individual username and an individual password, by means of which only he is granted access to the services provided for registered users. The user is obligated to keep his password secret. The internationalStudentsClub shall not give the password to any third party and shall not ask the user for the password at any time.
The participants agree on the fact that an abuse by third parties cannot be ruled out completely.
The internationalStudentsClub does not provide any warranty that every user is in reality the person that the individual in question claims to be. Every user is responsible for verifying the identity of the other user.
1.9 In order to optimize the services for registered users, the internationalStudentsClub contracts cooperations.
The user acknowledges that the internationalStudentsClub database is available on the internet not only within the domain www.internationalStudentsClub.org but also as a supplementary offering on the websites of internationalStudentsClub partners which, as part of a collaboration with the internationalStudentsClub, supplement their own online presence with the internationalStudentsClub website. Personal details of the users are not forwarded to third parties. Any voluntary circulation of data by the user himself is unaffected by these regulations.
2. User obligations
2.1. Users are obligated to:
2.1.1. give only truthful and in no way misleading information in their profiles and their communication with other users and to employ no aliases or pen names and transmit only such photos of their persons to the internationalStudentsClub.org, which are maximum three years old und in which the users can be identified clearly and distinctly.
The user assures that any public reproduction of the photo sent by him to internationalStudentsClub.org is allowed.
The transmission of any photos or images of other or non-existent people or any other creatures (animals, fantasy creatures etc.) is prohibited.
2.1.2. publish no illegal, sexistic, political or religious contents or any contents violating the rights of third parties (under special consideration of the law for the protection of the youth);
2.1.3. use information obtained in the form of surveys, calls for bids, offers or data exclusively to conduct their own business or for their own purposes; in particular, resale, further processing, granting access or forwarding are not permitted.
2.1.4. refrain from harassing any other user with attempts at communication. It is the users' own responsibility to ensure that their dealings with other users are in full compliance with applicable law and do not violate applicable law.
2.1.5 harass no other user in any unsuitable manner (especially by SPAM or chain mail).
2.1.6. refrain from the unapproved sale of products and services as well as active headhunting.
2.1.7. refrain from following actions, even if they are not explicitly illegal:
- Sending identical private messages to several users at once, if it exceeds a commonly acceptable number.
- Advertising, support and execution of pyramid sales (multi-level marketing) measures.
These points apply with regard to personal contact of individual members as well as the forums and other communication tools of the Club (notice board, Chatroom).
Should they be disregarded, the administrator reserves the right to delete these kind of entries without prior notice.
2.2. Users bear full responsibility for the information they publish on internationalStudentsClub, e.g. in their user profile or in their guest book entries on other users' web pages. Users understand that information thus entered is available to other users as part of the platform.
2.3. The use of mechanisms, software, or other scripts in connection with the use of the internationalStudentsClub website, as well as the blocking, overwriting, modification, copying (this applies also to copying by means of "robot/crawler" engine technologies or other automated mechanisms) or redistribution of any content generated, is strictly prohibited. The user must avoid placing an unreasonable or excessive load on the internationalStudentsClub infrastructure.
3. Termination
3.1 Both parties are entitled at all times to terminate this agreement with immediate effect.
The user may terminate this agreement via a contact form (by indicating his username and password), that is accessible from any site on internationalStudentsClub.org.
Following expiry of the contract, all customer data will be deleted from the internationalStudentsClub on request. The internationalStudentsClub will also send notice of termination by e-mail to the user. The interests of the user shall be taken into account in the event of termination.
3.2 Furthermore the termination because of important reasons according to § 314 BGB is possible. In this case the user-account is deactivated immediately and without advance notice.
3.3 For safety reasons the internationalStudentsClub is generally entitled to bar an access temporarily until the circumstances of the case are clarified.
4. Liability
4.1. All parties involved are aware of the fact that data transfer via the Internet does not take place under the authority of the internationalStudentsClub. Therefore the internationalStudentsClub cannot guarantee that any data sent will reach the addressee correctly and securely or will be correctly displayed if an error occurs during data transmission outside the technical access sphere of the internationalStudentsClub. The options offered by the internationalStudentsClub to its users are made available "as seen" without any promises or guarantees.
4.2. Any liability of the internationalStudentsClub, its legal agents or servants shall be excluded in cases of slight negligence, unless the slight negligence concerns the violation of essential contractual duties of the internationalStudentsClub, its legal agents or servants. In cases of slight negligence of essential contractual duties in this sense, any liablity shall be limited to compensation for the forseeable damage under the contract.
Any liability in cases of intent or gross negligence shall remain unaffected.
4.3. The internationalStudentsClub shall not assume any liability with regard to contracts concluded between different users. Such contracts shall exclusively establish contractual relationships between the users concerned.
Users shall bear the exclusive responsibility for the content of the data entered by them. The internationalStudentsClub assumes no liability for the data made available by users.
4.4. On its website, the internationalStudentsClub offers different usage modules (in particular features) the use of which presupposes a premium membership (for instance the virtual fair). The contents of some features are not within the sphere of responsibility of $theWeps$. Rather, a hypertext reference link is made available to the users of the internationalStudentsClub providing access to third-party websites for use in accordance with the intended purpose. The internationalStudentsClub does not assume any liability for the content of third-party websites to which it provides a reference link. The liability of the internationalStudentsClub in connection with the use of third-party websites made available through the features by a registered user of the internationalStudentsClub shall be limited to intent or gross negligence of the internationalStudentsClub, its legal agents or servants. This limitation of liability shall be equally valid for any material or intangible damage. The internationalStudentsClub shall not be liable for lost profit or consequential damage.
5. Indemnity
The user shall indemnify the internationalStudentsClub against all possible claims of infringement of rights made against the internationalStudentsClub by other users or other third parties on the basis of the conduct of the user, including the costs of the necessary defence, court costs and lawyers' fees.
6. Data protection
The internationalStudentsClub is aware, that special sensitive handling of all personal data, that the users transmit to internationalStudentsClub.org, is ultimately important. The internationalStudentsClub therefore respects all relevant legal data security guidelines.
6.1. The internationalStudentsClub wishes to make it clear to the user that data provided to internationalStudentsClub by the user is processed mechanically in machine-readable form and for purposes arising from the contractual relationship. Dissemination of data to third parties shall occur only within the scope of the purpose of the contract. The internationalStudentsClub states expressly that it is in strict compliance with all legal provisions pertaining to data protection, in particular with respect to the transfer of data to third parties.
6.2 The internationalStudentsClub offers every user the possibility of disclosing his personal communication information in part or in whole to other users or to revoke their right to view data. In communicating contact information, the user bears sole risk.
6.3 By agreeing to these Terms & Conditions the user consents as follows:
I consent
a. that the internationalStudentsClub may collect my private data and process and use it for the purpose of creating, fulfilling and administering my user account with the internationalStudentsClub. Private data include portfolio data such as name and address and usage data such as user name, password and IP address.
b. that the internationalStudentsClub may furnish the various data entered by the user himself to other users for the purpose of business development. The user shall acknowledge on registration which data shall be provided. The provision of data may be halted at any time by the user in the "My Profile" section.
c. that internationalStudentsClub may rely on cookies among other things to gather, process, and make use of my user data, to perform such actions as providing personalised greetings with the user name on the internationalStudentsClub site.
d. that the internationalStudentsClub may process and use my personal data for internationalStudentsClub marketing campaigns, for example to dispatch e-mails with general information or information of an advertising nature (such as newsletters). I hereby consent to the internationalStudentsClub processing and using my private data to present me with contacts tailored to my individual interests.
e. that if required in isolated cases and in the event that actual cause exists and can be documented, the internationalStudentsClub may gather, process and use portfolio and usage data necessary for the discovery and prevention of information entered with intent to defraud and any other illegal or non-contractual use of the services of internationalStudentsClub. To this end, the internationalStudentsClub may also gather usage data, using cookies among other things, and process and use it in such a manner that those data providing actual evidence that they were entered with the intent to defraud can be identified from the portfolio of all current information.
f. that if required, the internationalStudentsClub may further process and use my private information to serve the overriding interest in disclosing abuse of the internationalStudentsClub marketplace and for the purpose of prosecution even beyond the term of use, and may transmit such information to legal authorities and injured third parties in the event that actual evidence of abuse of the internationalStudentsClub platform exists and can be documented, in particular that of entry of illegal offers.
g. and acknowledge that any use of the platform under a pseudonym or anonymously is not reasonable and would not serve the purpose of the platform.
This consent is saved on every page of the internationalStudentsClub website under the Terms & Conditions link and may be revoked at any time in writing by the contact form, that is accessible from any site on internationalStudentsClub.org, indicating username and password.
7. Final provisions
7.1. Spoken subsidiary agreements do not exist.
7.2 The internationalStudentsClub reserves the right to change these Terms & Conditions at any time and without giving reason. The changed conditions shall be sent to the user by e-mail at the latest two weeks before their entry into force. If the user does not contradict the validity of the new Terms & Conditions within two weeks following receipt of the e-mail, the changed Terms & Conditions shall be deemed accepted.
7.3 The internationalStudentsClub is entitled to transfer its rights and obligations arising from this agreement in whole or in part to a third party within 4 weeks following notice by e-mail. In this case the user is entitled to terminate the user agreement after notification of the transfer by sending an e-mail to info@internationalStudentsClub.org.
7.4 All statements transmitted within the scope of the user agreement to be made with internationalStudentsClub must be made in written form or by filling in the contact form, which is accessible from any site on internationalStudentsClub.org. The postal address of internationalStudentsClub is: iSC International GmbH, Höhenweg 6, 53639 Königswinter. The postal address, as well as the e-mail address of a user are those provided by the latter in the current contact information in the user's user account.
7.5. In the event that individual provisions of agreements are or become invalid, the validity of the remaining terms shall remain unaffected. The parties agree to fill ensuing the gap with a reasonable, valid provision which in its regulatory content comes as close as possible to the commercial intent of the invalid provision and of the agreement as initially pursued by the parties.
7.6. Place of performance is the registered office of the iSC International GmbH. Sole jurisdiction for disputes arising between the parties from the contractual relationship is the registered office, to the extent that the user is a businessman, public legal entity or public special fund. Governing law is the law of the Federal Republic of Germany, to the exclusion of the UN Sales Convention and of private international law.
Königswinter, 2008-03-12
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