Terms & Conditions

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  1. Subject matter
  2. Authorization of administrators
  3. Availability
  4. Changes to services
  5. Use of XING Company Profiles
  6. Other rights and obligations of the Company
  7. Rights to content
  8. Contract period
  9. Fees and billing
  10. Data protection
  11. Indemnity
  12. Liability
  13. Reimbursement of advance payments
  14. Other provisions

General terms and conditions for using XING Company Profiles

Preamble

The offer to use XING Company Profiles is intended exclusively for business clients.

The Company enters this agreement with XING AG, Dammtorstr. 29-32, 20354 Hamburg. Additional contact information, commercial registry data, as well as the name of the authorized representative of XING AG can be found on the “About this Site” page.

  1. Subject matter
    In their basic form, XING Company Profiles (“Company Profiles”) are descriptions of companies that are automatically generated from user data or added to by automatically generated statistics. XING allows companies to claim, create, use and edit their a company's profile. The exact extent to which they may use the profile and any fees for creating, claiming and/or using a Company Profile depends on the specific product description.
    1.2
    The Company Profile can be used to present the Company and the products and services it offers. It is expressly prohibited for Company Profiles to be used for multi-level marketing purposes.
    1.3
    XING AG makes the content, data and other information provided by the Company available to third parties as long as it does not violate any legal regulations or these general terms and conditions, and as long as it is not improper, offensive to the general public or unacceptable for publication by XING AG for other reasons. XING AG is entitled to remove such content, data or other information without prior notice. Should this occur, the Company is not entitled to any refund.
    1.4
    XING AG simply offers the Company a platform to connect the Company and third parties (XING members and other third parties) and for this purpose only provides technical applications that make it possible to establish general contact. XING AG does not guarantee contact between the Company and XING members or other third parties. XING AG does not participate in the communication between the Company and third parties in terms of content. XING AG does not participate in any legal agreements that may be made through XING and is therefore not a contractual partner. The Company alone is responsible for the execution and fulfillment of any agreements made with third parties. XING AG is not responsible in the event that no contact through XING is established between the Company and the third party in connection with such an agreement. XING AG is also not liable for any breaches of duty from the agreements made between the Company and third parties.
    1.5
    XING AG accepts no responsibility for content, data or other information provided by XING members, or for content on linked external websites. In particular, XING AG does not warrant that any such content is true, that it fulfills any particular purpose or that it could be used for any specific purpose.
     
  2. Authorization of administrators
    2.1
    The Company’s administrators are responsible for creating, claiming, editing and use of Company Profiles. Administrators must be authorized by the Company and be registered members on XING. The Company must be listed as the administrator’s current employer in their XING profile. In the case of companies consisting of a single person, the administrator must be this person.
    2.2
    If an administrator cancels his XING membership, or if XING bans him from using the site (especially as a result of the administrator violating the general terms and conditions of his XING membership), this administrator will no longer be permitted to edit or use the Company Profile. Should this occur, the Company Profile will temporarily be deactivated.
    2.3
    The Company has the right to revoke an administrator’s authorization, or to assign another person as a replacement for the administrator; particularly in the case addressed in § 2.2. The replacement will receive authorization once the Company has informed XING AG that the replacement has been assigned to the position, and XING AG has provided its approval.
     
  3. Availability

    The Company acknowledges that it is not technically possible to make XING Company Profiles available 100% of the time. However, XING AG endeavors to keep XING Company Profiles available without interruption, to the best of its ability. In particular, maintenance, security and capacity requirements, or events beyond the control of XING AG (such as interruptions in public communication networks, loss of power, etc.) could lead to brief interruptions or to the temporary unavailability of XING Company Profiles. Any claims against XING AG arising from adverse effects and/or interruptions, irrespective of the legal basis, are excluded to the extent permissible by law.

     
  4. Changes to services

    XING AG reserves the right to make changes to the services related to XING Company Profiles and their general design, or to offer alternative services, as long as this is not unreasonable for the Company.

     
  5. Use of XING Company Profiles
    5.1
    The Company is obliged to observe all applicable laws and all rights of third parties. When adding their own or other content to XING, the Company must ensure that it does not violate currently applicable law or the rights of third parties, or in any other way compromise the reputation of XING or XING AG. The Company is also specifically prohibited from engaging in the following:
    • Unreasonably harassing others (particularly with spam) (cf. § 7 of the German Unfair Competition Act, the UWG),
    • Using or promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multi-level selling or pyramid sales) or
    • Carrying out, advertising or promoting structural distribution measures (such as multi-level marketing or multi-level network marketing), even if these actions do not specifically constitute a breach of any applicable laws.
    5.2
    The content of the Company Profile must be related to the Company. The following are prohibited:
    • Exaggerated use of capitalization or punctuation
    • Inadequate content
    • URLs that lead to external websites that are not related to the Company
    5.3
    The Company is responsible for any faults on the part of their administrators to the same extent that they are responsible for any faults of their own. In particular, the Company must ensure that the administrators comply with the general terms and conditions for using XING and the general terms and conditions for using XING Company Profiles, and observe all applicable laws and rights of third parties when editing and using the Company Profile.
    5.4
    XING AG may impose the following sanctions in the event that obligations from this agreement, legal regulations or third party rights are violated, or if XING AG has any other legitimate interest:
    • Delete content that the Company has published in its Company Profile,
    • Temporarily or permanently deactivate the Company Profile
    • Terminate the agreement for using the Company Profile

    XING AG reserves the right to impose the sanctions listed under § 5.4, in particular in the event that the means of payment provided by the Company is invalid, or the Company does not fulfill a payment obligation on time and/or sufficiently.

    5.5
    Complaints from XING members could lead to the temporary deactivation of the Company Profile.
    5.6
    The Company is solely responsible for ensuring that the hyperlinks it includes do not lead to third party content that violates currently applicable law.
    5.7
    In the event that XING AG offers the Company the option to include its own name in its Company Profile URL ("vanity URL"), the following terms apply:
    • The Company is permitted to use its own name only in the vanity URL. No other terms, names, brands or other company names may be used in the vanity URL.
    • If the Company's vanity URL violates this term or any legal regulations or third-party rights, XING AG may return the vanity URL to its original state. XING AG also reserves the right to return the vanity URL to its original state if it contains generic terms such as "apps" or "community" and XING AG would like to use these terms in its own URLs.
     
  6. Other rights and obligations of the Company
    6.1
    The Company is obliged to keep access data confidential from unauthorized third parties. In particular, the Company will store user names and passwords in such a way that it is not possible for unauthorized third parties to gain access to them. The Company is obliged to inform XING AG without delay should it become aware that a password is known to third parties.
    6.2
    The Company must inform XING AG without delay should there be any important changes in the status of the Company which could be relevant to the contractual relationship.
    6.3
    The Company may only transfer contractual rights to third parties with prior written consent from XING AG.
     
  7. Rights to content

    By allowing XING AG to include its content in its Company Profile, the Company grants XING AG the right to all types of use for this content that are related to the publication of the information on XING.

     
  8. Contract period
    8.1
    This agreement is initially effective for the minimum period of use selected by the Company. Thereafter, if it is not terminated by the deadline by the Company or by XING AG, the agreement will be renewed for the same length of time. If the Company selects a product without a minimum period of use, the agreement will run for an unlimited period of time.
    8.2
    Either party may terminate the agreement without stating a reason with a notice period of three months from the end of the minimum period of use, or from the end of the length of a renewal period. Agreements for products without a minimum period of use can by terminated by either party with a notice period of three months. The right of either party to terminate the agreement for cause remains unaffected.
    8.3
    If the agreement is terminated, the Company Profile will return to the status it had prior to the establishment of the agreement. In particular, all content the Company added during the term of the agreement will be deleted.
     
  9. Fees and billing
    9.1
    The fee for claiming, editing and use of the Company Profile is based on the offer that was selected.
    9.2
    Fees for the entire subscription period are immediately payable at the time the invoice is issued. The payment can be made with any of the various means of payment offered.
    9.3
    XING AG reserves the right to change the fee, to be effective as of the following period of renewal. XING AG shall notify the Company of any planned fee change at least six (6) weeks before the option to terminate the contract with proper notice expires, in accordance with § 8.2. If the Company does not object to the applicability of the new fee within six (6) weeks after receipt of said notice, the changed fee shall be deemed to be accepted by the Company. XING AG shall inform the Company of its right to object and of the relevance of the objection deadline in said notice.
     
  10. Data protection
    10.1
    The Company is obliged to comply with currently applicable data protection laws..
    10.2
    The Company is prohibited from collecting, processing, using or forwarding personal data about XING members to third parties without permission in the form of valid approval from the XING member concerned, or if prohibited by German or European data protection laws.
     
  11. Indemnity
    11.1
    The Company shall indemnify and exempt XING from all actions, including damage claims, asserted by third parties or state authorities against XING which are related to the Company’s infringement of rights, the Company’s violation of obligations imposed on the Company by these general terms and conditions, or the Company’s violation of pertinent data protection regulations.
    11.2
    Furthermore, the Company assumes all reasonable costs (including legal-defense costs) that XING may incur in the event that a third party initiates or takes legal action (in or out of court) against XING as a result of the Company's violation of rights, the Company's violation of the obligations imposed by these general terms and conditions, or the Company’s violation of pertinent data protection regulations.
    11.3
    All other rights, including damage claims by XING, are hereby unaffected.
    11.4
    The aforementioned obligations of the Company shall not apply to the extent the Company is not responsible for the infringement.
     
  12. Liability
    12.1
    Claims for damages against the other contractual party (including the vicarious agents of the contractual party) that are attributable to ordinary negligence, shall exist only if XING breaches a basic/cardinal obligation under this agreement. The concept of cardinal obligation refers abstractly to such obligations, which, when fulfilled, make it possible for the contract to be properly carried out. The customer can rely on the fact that these obligations are complied with. Claims for damages in this case are limited to typical and foreseeable damages.
    12.2
    This shall not affect personal injury and property damage claims based on the German Product Liability Act.
    12.3
    Neither party is liable to the other party for noncompliance with contractual obligations if the noncompliance is due to circumstances beyond the party’s control. This applies in particular to cases of force majeure.
     
  13. Reimbursement of advance payments

    The Company cannot make a claim for reimbursement of advance payments in the following cases:

    • If XING AG terminates the agreement with cause,
    • If XING AG imposes one or more of the sanctions in accordance with § 5.4,
    • If the Company Profile is deactivated in accordance with § 2.2,
    • If the Company terminates the agreement, the Company’s claim for reimbursement of advance payments is not excluded if the cause for termination arises from XING AG’s area of responsibility.
     
  14. Other provisions
    14.1
    XING AG may employ subcontractors. In the event that subcontractors are employed, XING AG remains responsible for fulfilling the obligations taken on by XING AG. XING AG is entitled to transfer rights and obligations in full or in part to third parties.
    14.2
    XING AG reserves the right to amend these general terms and conditions at any time, without giving reasons, unless an amendment is unreasonable to the Company. XING shall give the Company due notice of any amendments of these general terms and conditions. If the Company does not object to the applicability of the revised general terms and conditions within six (6) weeks after receipt of said notice, the amended general terms and conditions shall be deemed to be accepted by the Company. XING AG shall inform the Company of its right to object and of the relevance of the objection deadline in said notice.
    14.3
    The exclusive place of jurisdiction and place of performance is Hamburg.
    14.4
    German law is applicable, excluding international private law and provisions of the United Nations Convention on Contracts for the International Sale of Goods.
    14.5
    If any provision of this agreement is or becomes invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.