Last changed: 11.11.2013
The following General Terms and Conditions (GTC) govern access to, and use (as a Member) of this web site (Site). This Site is owned and operated by Imagos UG (haftungsbeschränkt), Ettalstr. 23b, 81377 Munich, Germany (Imagos or we or us). Additional contact information, commercial registry data, as well as the name of the authorized representative of Imagos can be found under “Contact”.
The Site and some content uploaded to the Site are available to be viewed by any person browsing the internet, but only a person, who has agreed to the Membership Terms, is able to use all services via this Site.
By completing the registration process, the Member (The Member or Member or You or Your) consents to enter the agreement to use the services of this Site. Imagos accepts this offer by activating the membership for the use of services on this Site. The agreement takes effect with the aforementioned acceptance by Imagos. The member may not use the Site on behalf of a third party.
The Member can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on this Site.
1. Subject Matter
This Site intends to provide an infrastructure, through which individual specialists can exchange information and know-how, give and receive advice, share and develop professional materials, develop their skills and career prospects, enjoy social contact, support each other, discuss and solve problems, plan joint initiatives, report opportunities, announce events, and communicate externally to a wider public.
Individuals may become a Member of this Site upon acceptance by Imagos.
Imagos may, at its sole discretion, elect to:
a) refuse an application to become a Member; or
b) once Membership is granted, suspend, terminate or restrict Membership at any time.
Imagos is not obliged to give reasons for its decision to reject applications or suspend, terminate or restrict Membership at any time.
Membership is non transferable. A Member may register with this Site only once and maintain only one account on this Site.
Once Membership is granted, the Member will only be able to access all areas of the Site with use of the username and password the Member set up at the time he/she became a Member. The Member is responsible for each and every access or use of the Site that occurs in conjunction with the use of his/her username and password.
Use of username and password is conclusive evidence that the Member has accessed the Membership sections of the Site. The member must use all reasonable efforts to keep his/her username and password confidential.
The Member must not allow any third party to access the Site using his/her username and password and make use of the Site on his/her behalf. The Member must notify Imagos in writing as soon as s/he becomes aware of any unauthorised use of his/her Member Account, username or password.
It is technically impossible for Imagos to determine with absolute certainty whether any Member registered with this Site is in fact the person he or she represents to be. Therefore, Imagos assumes no liability for the actual identity of a Member. Each Member is solely responsible for checking the actual identity of another Member.
3. Benefits Conferred by Membership
By being registered with this Site, Members are entitled to:
• generally make use of the Membership section of the Site;
• participate in online forums;
4. Role of Imagos
This Site provides the Member with a platform on which to share information with other Members. Imagos does not take part in communication between Members. If Members enter into agreements with one another over this Site, Imagos shall not be a contracting party to these agreements. The Members alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. Imagos shall not be held liable if Members are unable to contact one another over this Site regarding such agreements. Furthermore, Imagos shall not be liable for breaches of duty in relation to agreements entered into between Members.
Imagos may provide additional services, such as information on events and opportunities, seminars, tutorials, conduct polls and surveys and provide other services. If Imagos offers the Member the option to book one or more third-party supplementary services, the Member will enter into separate agreements with the respective third party that have no legal connection to the Member’s membership. The termination of such third-party supplementary service agreements or any default of performance thereof does not have any impact on the contractual relationship between Imagos and the Member in terms of the Member’s membership. The terms and conditions and privacy policies of the respective third parties, who are also the contractual and contact partners of the Member, apply to all third-party supplementary services.
Imagos does not have any control over, and does not take any responsibility for, the quality, safety or legality of any materials downloaded from the Site by the Member. Imagos does not warrant that any content, code, data or materials downloaded from the Site is free from violations of intellectual property rights of a third party. Each member is required to warrant that any content, code, data or materials uploaded by him/her does not infringe the intellectual property rights of any third party.
Any use of the services and contents offered on this Site beyond the scope of options provided by this Site requires the prior written consent of Imagos.
Imagos is entitled to remove any illegal or prohibited data and/or information from this Site without prior notice to the Member.
5. Right of Cancellation
You may at any time terminate this agreement without notice and without giving a reason. In order to terminate this agreement, is sufficient for you to delete your account. You may also deliver notice of termination using the contact form or sending a written notice to:
Imagos UG (haftungsbeschränkt)
Fax: +49 (0) 89 41610435-9
When closing your account, all posts and links provided by you will be attributed to an anonymous user.
6. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site. Imagos may, in its absolute discretion, and for any reason, and at any time, with or without notice:
1. interrupt or suspend your right to access the whole or any part of the Site; and/or
2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Site.
The Member agrees that Imagos will not be liable to him/her for any loss that he/she may suffer as a result of any such interruption, suspension or alteration.
When accessing the Site (as a Member) and using the content and/or the services available on the Site, the Member must also comply with any directions, instructions or protocols posted on the Site from time to time.
7. Fees and Services
Members do not have to pay a fee to become a Member. Imagos may at any time at its sole discretion introduce subscription and/or reputation management fees for the use of this Site or certain parts of it.
8. Member Information
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete. Members shall report any changes in the registration data to Imagos without undue delay.
9. Obligations of the Member
The Member is obliged:
1. To provide only true and non-misleading statements in the Member profile and in communications with other Members.
2. To comply with all applicable legislation, and respect all third-party rights. In particular, the Member shall not:
a) Use any insulting or defamatory contents, regardless of whether said contents are directed at another Member or Imagos personnel or other companies
b) Use, advertise or promote any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors
c) Unreasonably annoy (particularly with spam) any other Member (cf. §7 of the German Unfair Competition Act)
d) Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
e) Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales)
3. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
a) Sending chain letters
b) Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
c) Employing any mechanisms, software or scripts when using this site.
d) Blocking, overwriting, modifying and copying of any contents of this Site.
e) Distributing or publicly disclosing the contents of any of this Site or any other Member
f) Performing any actions which may impair the operability of this Site's infrastructure, particularly actions which may overload said infrastructure.
g) In addition to any other rules or regulations that we may post in connection with a particular service, the Member agrees that he/she must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:
h) restrict or inhibit any other Member from using and enjoying the Site or the Sites’ services;
i) reveal the name or other personally identifying information of any other member unless that individual has previously revealed his or her own name or personally identifying information in that specific post.
j) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
k) violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
l) contain a virus, spyware, or other harmful component;
m) constitute commercial solicitation or ‘spam’ of any kind; or
n) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
The Member may not offer to buy or sell any product or service on, or through, his/her comments submitted to our forums. The Member alone is responsible for all information and materials that he/she posts to the Site and the consequences of any of his/her activities on the Site.
Imagos reserves the right, in its absolute discretion, to determine whether or not the Member’s use of the Site or content or services available on the Site complies with these Membership Terms. Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Imagos.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
10. Proprietary Rights
Imagos owns all:
a) the content of the Site (other than products or materials which are owned by Members who post on the Site);
b) the look and feel, design and the organisation of the Site;
c) the compilation of the materials on the Site; and
d) the intellectual property rights (if any) subsisting in the works described in paragraphs (1), (2) and (3) above.
Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things. Imagos grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other members.
Imagos is free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Imagos shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.
11. Copyright Agent
Imagos respects the intellectual property rights of others. Imagos requires that you do the same. If you believe that a work of which you are the owner is infringed by materials being offered on the Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Imagos:
a) your address, telephone number, and email address;
b) a description of the location of the alleged infringing material;
c) a description of the copyright work that has been allegedly infringed
d) a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.
On receipt of a Copyright Claim, Imagos will take down the material that is the subject of the Copyright Claim and seek an explanation from the member having posted it.
12. Confidential Information and Privacy
Imagos does not warrant or represent that your use of the Site will be confidential. Imagos is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.
While Imagos has taken precautions to protect information that you transmit to the Site over the internet. Imagos does not warrant the security of that information. Once Imagos receives your transmission, Imagos will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Site.
13. Linking to the Site
You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site.
You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
14. Third Party Site
You may be able to move from the Site to third party websites (Linked Site).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials, which may or may not be provided by or through Linked Sites.
The inclusion of any link to such web Sites on our Site does not imply Imagos’ endorsement, sponsorship, or recommendation of that web site.
Imagos disclaims any liability for links to another web site.
Imagos does not exclude any non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) All content and services on the Site is provided “as is” and without warranties of any kind, either express or implied;
b) Imagos does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
c) Imagos does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web Site) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Imagos) will Imagos be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or the content.
16. Changes to Membership Terms
Imagos may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices.
Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
17. Suspension or Termination
Imagos may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
a) You breach these Membership Terms or any other terms and conditions, agreements or rules governing the Site;
b) Imagos is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Site; or
c) Imagos believes that your actions may cause legal liability for you, our other Members or us.
Should Imagos elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.
The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause. A good cause is defined as an event which makes it unacceptable for Imagos to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Imagos against the Member’s. A good cause includes any the following events:
a) If the Member fails to comply with any applicable legal provisions
b) If the Member breaches a contractual obligation set forth in these GTC
c) If the reputation of the services offered on this Site is substantially impaired by the online presence of the Member
d) If the Member promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or
e) If the Member causes harm to any other Member(s)
f) If the Member is a member of a religious sect or a denomination that is controversial in Germany.
In the event of a good cause and notwithstanding Imagos’ right to terminate the contract in accordance with the provisions set forth in the above, Imagos is entitled to:
a) Delete the contents posted by the Member
b) Issue a warning, or
c) Block the Member’s access to the services on this Site and any other Site operated by Imagos.
18. Liability of Imagos
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Imagos (including its vicarious agents) shall exist only if Imagos breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the Member can expect to be met, and whose fulfilment is a prerequisite to the ordinary execution of the agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
The Member shall indemnify and exempt Imagos from all actions, including damage claims, asserted by other Members or third parties against Imagos resulting from an infringement of their rights by the contents posted by the Member of this Site. Furthermore, the Member shall indemnify and exempt Imagos from all actions, including damage claims, asserted by other Members or third parties against Imagos resulting from an infringement of their rights regarding the use of the services on this Site by the Member. The Member assumes all reasonable costs Imagos incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by Imagos, are hereby unaffected. The Member has the right to prove that Imagos incurred lesser charges than claims made.
The aforementioned obligations shall not apply to the extent the Member is not responsible for the infringement.
In the event the contents posted by the Member infringes any rights of any third party, the Member shall, at its own expense and at Imagos’ discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the Member infringes third-party rights when using the services of this Site, the Member shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Imagos.
20. Data Protection
21. Final Provisions
a) Unless otherwise stated in these GTC, the Member may submit all notices to Imagos using the contact form provided on this Site, or by letter or fax. Imagos may send notices to the Member by email, fax or post to the addresses given in the Member’s current contact data in his or her Member account.
b) If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
c) The place of performance under these GTC shall be Imagos’ main place of business.
d) Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of Imagos.
e) These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.