Terms & Conditions

Revised by Dr. Manfred Puchner LL.M. attorney in April 2014

Revision 08.04.2020

Preamble:

HR-NETZWERK is a social network that provides user profiles, forums, appointments, blogs as well as audios, photos and videos.

These terms of use regulate the publication of content on HR websites by users (user-generated content).

 

1.   Scope

1.1.    The following terms of use apply to participation and use of the services provided by the HR NETWORK.

By logging in and registering with HR-NETZWERK, the user accepts these conditions.

2. Subject of use:

2.1.     HR-NETZWERK offers the user a platform to get in touch with other users and provides technical applications that enable users to contact each other. Experiences and recommendations are exchanged.

2. 2.     HR-NETWORK does not participate in the content of the communication between users.

2.3.     The moderators of individual groups have the right to choose their participants. You are free to decide who you want to include as a member in your group.

2.4 .     If the user concludes contracts with one another via the HR-NETZWERK websites, HR-NETZWERK is not involved and is therefore neither a contractual partner nor an agent. The user is solely responsible for processing and fulfilling the contracts concluded with other users.

2. 5.     HR-NETZWERK is not liable if there is no contact between the users via the HR-NETZWERK websites in connection with such a contract. HR-NETZWERK is also not liable for breaches of duty by the respective user from the contracts concluded between users.

2.6.    So-called “partner offers” are special offers, unless expressly stated otherwise, only for premium members or for groups of users that can be freely defined by HR-NETZWERK.

2.7.     For partner offers, only the terms and conditions and data protection declarations of the respective partner companies apply, which are themselves the contractual and contact persons for the users and who carry out the entire process.

2.8.    If users want to book one or more additional services from third-party providers (e.g. reputation protection from secure.me) in addition to their HR NETWORK membership, there are separate contracts in this regard between the user and the respective HR NETWORK membership Third-party providers. In particular, the termination of such a contract for the additional service of a third party provider or service disruptions have no influence on the contractual relationship between HR-NETZWERK and the user with regard to HR-NETZWERK membership.

2.9.     For additional services from third-party providers, the terms and conditions and data protection declarations of the respective third-party providers, who are themselves contractual and contact persons for the user, apply.

3. Membership:

3.1.     The HR-NETWORK services can only be used after registering as a member.

3.2.     Anyone can become a member by completing the required information on the registration form. After the registration process, the user will be sent a confirmation email, with which the registration has been successfully completed. The registration itself is free of charge.

3.3.     The HR NETWORK services are only available to persons over the age of eighteen (18) years.

3.4.     If it becomes known that a member has not truthfully filled in the age information, HR-NETZWERK reserves the right to block access and delete the account.

3.5.     The HR NETWORK websites offer registered users two types of use (memberships):

3.5.1. A closed, free communication forum (membership is hereinafter referred to as “free membership”).

3.5.2. A closed, paid communication forum for arranging business contacts (membership is hereinafter referred to as “entrepreneur membership”).

3.5.3 . Special paid memberships such as recruiter or sales membership represent membership in the paid communication forum and therefore also fall under the term “entrepreneur membership”.

3.5.4 . Special partner memberships such as the sales partner always have to pay a license or advertising fee, if the partner cannot fulfill his obligations, partial amounts of the license fees are also due if the partner cannot meet the sales as agreed in writing.

4. Cancellation policy for consumers:

4.1.     If the user registers with HR-NETZWERK for a purpose that is neither commercial nor self-employed, the following provisions apply to the user as a consumer within the meaning of the law (Section 13 of the German Civil Code):

4.2.     Right of withdrawal:

The user can revoke his contract declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving reasons.

The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB and our obligations in accordance with § 312g Paragraph 1 Clause 1 BGB in Connection with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline.

The revocation must be sent to:

HR NETWORK
Am Rühling 29, 35633 Lahnau
Tel: +49 1604781632

Email: info@HR-NETZWERK.de

The revocation can also be made using the contact forms that can be accessed from any page on the HR-NETZWERK websites be transmitted to HR-NETWERK.

4.3.     Consequences of cancellation:

In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. This can mean that you still have to fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation, for us with its receipt.

End of revocation.  

4.4.     Exclusion of the right of withdrawal:

4.4.1. There is no right of revocation if the user is exercising his commercial or independent professional activity when completing the registration and is therefore to be regarded as an entrepreneur.

4.4.2. The right of withdrawal vis-à-vis HR-NETZWERK does not apply to contracts that are not concluded between the user and HR-NETWERK, but between the user and a third-party provider.

4.4.3. The user expressly agrees that the provision of the service will begin before the end of the cancellation period.

5. Fee:

5.1.     The fee for the “membership” is due for payment immediately upon invoicing for the agreed term, unless otherwise agreed in writing. If a monthly payment option has been agreed with the partners, this is due on the 15th of each month. If the partner does not meet the monthly payments, the outstanding amount is due in full from the 2nd month onwards.

The user can settle this using the methods offered there, in particular the accepted credit cards or using the online payment methods offered there.

5.2.     If an agreed fee cannot be collected, the user bears all resulting costs, in particular bank charges in connection with the return of direct debits and comparable fees, to the extent that he is responsible for the event that triggered the costs.

5.3 .    HR NETWORK can send the user invoices and payment reminders electronically.

5.4.     HR-NETZWERK will keep invoices in the premium area available for download for a period of at least one (1) year from the invoice date.

6. Obligations of the user:

6.1.    The user is obliged

6.1.1. to provide only true and not misleading information in his profile and in his communication with other users and not to use any pseudonyms or artist names,

6.1.2. to only transmit photos of his person to the HR NETWORK websites that allow the user to be identified clearly.

The user ensures that the public reproduction of the photos he has transmitted is permitted on the HR NETZWERK websites. The transmission of photos or images of other or non-existent people or other beings (animals, fantasy creatures, etc.) is not permitted.

6.1.3. to observe the applicable laws and all rights of third parties when using the content and services on the HR NETWORK websites.

6.2.     In particular, the user is prohibited from

6.2.1. to use offensive or defamatory content, regardless of whether this content concerns other users, HR NETWORK employees or third parties or third parties,

6.2.2. to use and publish pornographic, violence-glorifying content or content that violates youth protection laws, or to advertise, offer or distribute pornographic, violence-glorifying content or products that violate youth protection laws,

6.2.3. to harass other users unreasonably (especially through spam) (see § 7 Law against Unfair Competition UWG),

6.2.4. to use legally protected content (e.g. by copyright, trademark, patent, design or utility model law) without being authorized to do so, or to advertise, offer or sell legally protected goods or services, and

6.2.5. Carry out or promote anti-competitive activities, including progressive solicitation (such as chain, snowball or pyramid schemes).

6.2.6. to refrain from the following harassing actions, even if these should not specifically violate any laws:

– Sending chain letters,

– Implementation, promotion and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing)

– suggestive or sexual communication (explicit or implicit).

6.3.     In addition, the user is expressly prohibited from doing the following:

6.3.1. Use of mechanisms, software or scripts in connection with the use of HR NETWORK websites. (However, the user may use the interfaces or software made available to him by HR-NETZWERK as part of the services offered on the HR-NETZWERK websites.)

6.3.2. Blocking, overwriting, modifying, copying, insofar as this is not necessary for the proper use of the services of the HR NETWORK websites. (Copying by means of “robot / crawler” search engine technologies, for example, is not necessary for the proper use of the services of the HR NETWORK websites and is therefore expressly prohibited.)

6.3.3. Dissemination and public reproduction of the content of the HR-NETZWERK websites or of other users on other platforms other than HR-NETWERK.

6.3.4. Any action that is likely to impair the functionality of the HR NETWORK infrastructure, in particular to overload it.        

7. Consent and availability:

7.1.     Any use of the services and content offered on the HR-NETZWERK websites with the exception of the options provided by HR-NETZWERK requires the prior written consent of HR-NETZWERK.

7.2.    HR-NETZWERK only makes the data and / or information provided by the user available to other users insofar as this data and / or information does not violate statutory provisions or these terms and conditions. HR-NETZWERK is entitled to remove illegal content from the HR-NETZWERK websites without prior notice.

7.3.    The user acknowledges that 100% availability of the HR-NETZWERK websites cannot be technically achieved and can therefore not assert any claims of any kind against HR-NETZWERK (Section 14.2.). However, HR-NETZWERK endeavors to keep the HR-NETZWERK websites as constantly available as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of the HR NETWORK (such as disruptions in public communication networks, power outages, etc.) can lead to brief disruptions or to the temporary suspension of services on the HR network. Run NETWORK websites.

8. Changes to services on HR NETWORK websites:

8.1.     HR-NETZWERK reserves the right to change the services offered on the HR-NETZWERK websites or to offer different services, unless this is unreasonable for the user.

9. Term:

9.1.     The premium membership initially runs for the minimum usage period booked by the user.

9.2.     Thereafter, the premium membership is extended by an extension period of the same duration if it is not terminated by the user or HR-NETWERK in good time.

10. Responsibility for the content, data and / or information of User:

10.1.   HR-NETZWERK assumes no responsibility for the content, data and / or information provided by users of the HR-NETZWERK websites, as well as for content on linked external websites. In particular, HR-NETZWERK does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.

10.2.   If the user notices illegal or contractual use of the HR-NETZWERK websites (including the use of pseudonyms or deceptive identities), they can use the contact forms available on the HR-NETZWERK websites from any page Report.

10. 3.   The user expressly agrees that the ones made available by him will be used for the duration of membership in the network. HR-NETWERK will not resell this data. If the membership is canceled, the data will be deleted from HR-NETZWERK.

11. Customer service / support:

The customer can submit questions and explanations about his contract with HR-NETZWERK or about the services of HR-NETZWERK via the contact form accessible from any page on the HR-NETZWERK websites or by fax or letter

12. Copyright:

12.1.   Any data material within the HR NETWORK services as well as on other websites can be subject to copyright protection. This includes texts, software, HTML / Java / Flash source codes, photos, videos, graphics, brand names and characters as well as music and sounds. Copyright protection can exist for these materials both as an individual part or as a collection of materials.

12. 2 . The user is only permitted to download and use copyrighted material that is made available by HR-NETZWERK or third parties if this is done within the framework of the applicable legal provisions and the applicable terms and conditions of the provider or by the respective Rights holder was granted separately. Users may not reproduce, reproduce, transfer, distribute, publish, commercially exploit this material in any other way in electronic or other form in another data format or use it in any other way.

12.3.   In particular, it is not permitted to use brand names or trademarks regardless of whether this is in their original or modified form or by linking to another domain on the Internet.

12.4.   Furthermore, no content may be published in the freely accessible area under the menu item “Audio” or “Video” on HR-NETWERK whose rights are subject to a collecting society (eg Gema or AKM).

12.5.   In the event that a user uses data material for the use of which the copyright holder has granted permission, the user is obliged to attach a clearly visible and easy-to-find copyright notice in such a way that it can easily be assigned to the unbiased viewer.

12.6 . The user is aware that the infringement of copyrights is the basis for claims for damages and releases HR-NETZWERK from any claims for damages by third parties that arise from such infringement of copyrights (point 15.).

13. Left:

13.1.   HR NETWORK or third parties can create links to other websites or sources. HR-NETZWERK can only control the links to a limited extent and is not responsible or liable for the availability of such external sites or sources. HR-NETWORK does not adopt content that is accessible on such sites or sources as its own and excludes any liability or guarantee in relation to them, unless there is positive knowledge of the illegality of the content.

The links are created by the users. After becoming aware of such illegal links, HR-NETZWERK will immediately delete the links themselves or the entire post and warn or block the user.

13.2.   As far as claims for damages should be asserted against HR-NETZWERK due to such a link, the respective user releases HR-NETZWERK from these claims for damages. Regardless of whether a link is authorized or unauthorized, HR-NETZWERK can remove a link at any time and will do so as soon as the operator of the respective page objects to the link.

13.3.   Under no circumstances is the user permitted to link to pages that offer information with illegal or immoral content or information that incites racial hatred, glorifies or belittles violence (§131 StGB), glorifies war that is suitable for children or seriously endanger young people morally or impair their well-being, who can damage the reputation of HR-NETWERK, are pornographic or refer to offers with this content.

14. Exclusion of warranty / limitation of liability:

14.1.   The use of the HR NETWORK services is at the user’s own risk.

14.2.   HR-NETZWERK assumes no liability that the HR-NETZWERK services are available at all times without interruption, in a timely, secure and error-free manner. HR-NETZWERK assumes no liability for lost information and data of the member, be it within the scope of the offer made available by HR-NETZWERK, or on storage media (Section 7.3.).

14.3.   Information and advice that a user receives within the framework of the HR-NETZWERK services, be it on websites, by email or fax, in writing or orally, do not constitute a guarantee from HR-NETZWERK, unless this has been expressly agreed.

14.4.   Liability for no-fault official measures, labor disputes, force majeure, natural disasters, accidental damage is excluded.

14.5.   The user acknowledges that the HR-NETZWERK services cannot be made available in the form offered without the above exclusions of warranty and liability restrictions. The limitation of liability also applies in favor of the employees and vicarious agents of HR-NETZWERK.

15. Exemption:

15.1.  The user releases HR-NETZWERK from all claims, including claims for damages, that other users or other third parties assert against HR-NETZWERK due to a violation of their rights through the content posted by the user on the HR-NETZWERK websites. The user also releases HR-NETZWERK from all claims, including claims for damages, that other users or other third parties assert against HR-NETZWERK due to the violation of their rights through the use of the services of the HR-NETZWERK websites by the user. The user assumes all reasonable costs incurred by HR-NETWORK due to a violation of the rights of third parties, including the reasonable costs incurred for legal defense. All further rights and claims for damages of HR-NETZWERK remain unaffected. The user has the right to prove that HR-NETWORK actually incurred lower costs

The above obligations of the user do not apply if the user is not responsible for the infringement in question

15.2.   If the rights of third parties are infringed by the content of the user, the user will, at the discretion of HR-NETZWERK, obtain the right to use the content at the user’s own expense or make the content free of intellectual property rights. If the user violates the rights of third parties through the use of the services of the HR-NETZWERK websites, the user will immediately stop using the services contrary to the contract and / or illegal upon request by HR-NETZWERK

16. Contract changes, price changes:

16.1. Changes and additions to these terms of use are made by posting on this website www.HR-NETZWERK.de under the menu item “Terms of Use”. The customer undertakes to read and acknowledge them regularly. Changes are deemed to have been approved if the customer does not respond within one month Setting the change on the website contradicts in writing. For the objection, it is sufficient that it is sent by e-mail to info@HR-NETZWERK.de . In the event of an objection, the membership ends with receipt of the objection, without further explanation through HR NETWORK.

16.2.   HR NETWORK can determine at its own discretion which services are made available and to what extent. Restrictions, extensions and other changes to these services by HR NETWORK are permitted at any time

16.3.   HR-NETZWERK reserves the right to appropriately increase the fee for premium membership no more than once per calendar year with effect from the start of a new extension period, which follows either the minimum usage period or the current extension period. In this case, HR-NETZWERK will inform the user at least six (6) weeks before the end of the minimum period or the current extension period. If the user does not agree to this fee increase, he can object to it within three (3) weeks using the contact form, letter, fax or email. The objection corresponds to a termination of the premium membership by the user, so that the premium membership ends when the existing minimum usage period has expired.

17. Termination of membership:

17.1.   The user and HR-NETWORK can terminate the premium membership without giving a reason with a notice period of fourteen (14) working days before the end of the minimum usage period booked in the registration process or afterwards at the end of the extension period.

17.2.   The user can cancel using the contact forms that can be accessed from any page on the HR-NETZWERK websitescan be made by fax or letter to HR-NETZWERK. When canceling, the user name and an e-mail address registered on the HR-NETZWERK websites must be given. After the cancellation of the premium membership by the user, the user retains the free membership until it is terminated. The regulations in Section 6.2 do not affect HR-NETZWERK’s right to terminate for an important reason.

17.3.   An important reason for HR-NETZWERK exists in particular if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for HR-NETZWERK, taking into account all the circumstances of the individual case and weighing the interests of HR-NETZWERK and the user. The following events in particular are important reasons:

– Non-compliance with legal regulations by the user,

– Violation of the user’s contractual obligations, in particular from section 6.2. and 6.3. of these Terms of Use.

– The reputation of the services offered on the HR NETWORK websites is significantly impaired by the presence of the user

– the user advertises associations or communities – or their methods or activities – that are verifiably monitored by security or youth protection authorities;

– the user harms one or more other users;

17.4.   If there is an important reason according to Section 6.3, HR-NETZWERK can also impose the following sanctions on the user, regardless of a termination according to Section 6.3:

– Deletion of content that the user has posted,

– Issuing a warning or

– Blocking of access to the services of the HR-NETZWERK websites

17.5.   HR-NETZWERK is entitled to block and terminate participation in the HR-NETZWERK services of the member at any time. The termination takes place by deactivating the account. HR-NETZWERK is entitled to terminate the contract without notice for an important reason. An important reason exists in particular if applicable law or this user agreement is violated.

17.6.   Furthermore, members can be deleted under the following conditions:

– Inactive members who have not shown any activity for 12 months

– Profiles that are picture and contentless

– Publication of offers that are not within the meaning of HR NETWORK

– Publication of articles that do not correspond to the philosophy of HR-NETWERK

– Publication of posts that insult, defame or discriminate against other members or groups

– Post unsolicited advertisements

– Post content or links to content that is suggestive, disreputable or criminal, or that encourages criminal activity

– Publish or offer for sale content that is unlicensed or infringes copyright

– Content that is subject to a collecting society (e.g. Gema)

– Content that represents the implementation, application and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing)

17.7.   With the effectiveness of the termination, HR-NETZWERK has the right to delete any data that the member has posted, sent or activated in the HR-NETZWERK network.

17.8.   In the following cases the right of the user to reimbursement of fees already paid in advance is excluded:

– HR-NETZWERK terminates the contract in accordance with Section 6.3 for an important reason,

– HR-NETZWERK blocks the user’s access in accordance with Section 6.4 or

– the user terminates the contract; the right of the user to reimbursement of fees already paid in advance is not excluded, however, if the user cancels for an important reason which originates from the area of ​​responsibility of HR-NETZWERK.

18. Place of performance:

18.1.   The place of performance is the headquarters of HR-NETZWERK.

19. Place of jurisdiction / choice of law:

19.1.   The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the headquarters of HR-NETZWERK.

19.2.   German law applies to the exclusion of international private law and the UN sales law adopted into German law.

20. Final provision:

20.1.   If provisions of these conditions of use or a provision that will be incorporated into them in the future should not be legally effective or not feasible in whole or in part, or should later lose their legal effectiveness or feasibility, this shall not affect the validity of the remaining provisions of the contract. The same applies if it turns out that the contract contains a loophole: Instead of the ineffective or unenforceable provision or to fill the loophole, an appropriate provision should apply that, as far as legally possible, comes closest to what the parties wanted or would have wanted according to the meaning or purpose of the contract, provided that they had considered the point when concluding the contract or when adding a provision later.

Giessen in May 2020 HR-NETZWERK.de