Terms & Conditions

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  1. Subject of the Agreement
  2. Responsibility for XING Applications and Application Providers
  3. Liability of XING
  4. Indemnity
  5. Data Protection
  6. Final Provisions

General Terms and Conditions for the use of XING Applications

Preamble

On XING, the User may install ("add") and use software products ("XING Applications") which may be provided by or in cooperation with third parties ("Application Providers").

If a User wishes to add a XING Application, the User has to agree to these General Terms and Conditions for the use of XING Applications (hereinafter the "GTC").

These GTC supplement the General Terms and Conditions for using XING, upon which the XING membership of the User is based.

 

1. Subject of the Agreement

1.1 XING Applications are made available to the User from servers of XING AG, but may access servers of the respective Application Providers to store and/or retrieve application-specific data and/or content.

1.2 Application Providers may require the User to agree to their own terms of service, privacy policies and/or other policies as a condition for using the XING Application. Those privacy policies and user agreements have not necessarily been reviewed or approved by XING AG.

1.3 XING AG will only make contents, data and/or information provided by the User available to third parties, provided that these do not violate any statutory provisions or these GTC, constitute misuse or violate public moral and ethical standards and/or publication thereof is not unacceptable for XING AG for other reasons. XING AG is entitled to remove such content, data and/or information from XING and/or XING Applications without prior notice.

1.4 The use of XING Applications as part of the services of XING is also subject to the General Terms and Conditions for using XING, which form the basis for the XING membership of the User. Insofar XING AG may impose the sanctions (among others barring access to XING and termination of the XING membership) provided for in the General Terms and Conditions for using XING against the User if the respective preconditions exist. The User shall in particular comply with the provisions under clause 4 of the General Terms and Conditions for using XING.

 

2. Responsibility for XING Applications and Application Providers

2.1 The User agrees that XING AG is not liable for Application Providers, third party contents and XING Applications that are provided by a third party. The User should review the applicable terms and policies, including privacy and data gathering practices, of any such XING Application the User adds.

2.2 Application Providers are subject to limitations in terms of access, storing, and using personal data. Although XING AG maintains contractual obligations with Application Providers and takes technical precautions to assure that personal data is not misused by the Application Provider, XING AG cannot monitor the Application Provider and assumes no liability for the adherence to and observance of said limitations and agreements.

2.3 XING AG does not make any warranties or representations regarding XING Applications that are solely provided by Application Providers or regarding the Application Providers. In particular, XING AG does not make any warranties

  • regarding any content, data and/or information made available by Application Providers,
  • regarding the accuracy, reliability and availability of XING Applications that are solely provided by Application Providers, or
  • regarding the privacy practices or other policies of Application Providers.

 

3. Liability of XING

3.1Liability for damage claims based only on ordinary negligence against XING AG (including its vicarious agents) shall exist only if XING AG breaches a basic/cardinal obligation under this agreement. Cardinal obligations are such obligations, which, when fulfilled, make it possible for the contract to be properly carried out. The user can regularly rely on the fact that a cardinal obligation is complied with. In this event, the amount of claims is limited to typical and foreseeable damages.

3.2This shall not affect personal injury and property damage claims based on the German Product Liability Act. The aforementioned exclusions and limitations of liability shall also not apply in the event of express guarantees being granted by XING or to claims arising from failure to provide promised features.

 

4. Indemnity

4.1 The User shall indemnify XING AG from all claims, including claims for damages, asserted by Application Providers or other third parties against XING AG because of an infringement of their rights due to the use of any XING Application by the User. The User shall assume all reasonable costs incurred by XING AG due to an infringement of third-party rights, including all reasonable costs for legal defense. All further rights of XING AG, including claims for damages, shall remain unaffected. The user is entitled to provide evidence that the actual costs incurred by XING are lower.

4.2 The above duties of the User shall not apply to the extent the User is not responsible for the infringement.

 

5. Data Protection

XING AG recognizes that any data provided by the User to XING AG is extremely important to the User, and XING AG shall therefore be particularly sensitive in handling such data. XING AG shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, XING AG shall not provide or otherwise disclose any personal data of the User to any Application Provider or other third party without authorization. Details on XING AG's treatment of the User's data in connection with XING Applications are set forth in XING AG's Privacy Policy relating to the use of XING Applications.

 

6. Final Provisions

6.1 XING AG reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. XING AG shall notify the User in due time of any amendments to these GTC. Should the User fail to object to the validity of the revised GTC within two (2) weeks after notification, the amended GTC shall be deemed to be accepted by the User. XING AG shall inform the User about the User's right to object and about the relevance of the objection deadline in the aforementioned notice.

6.2 The place of performance under these GTC shall be XING AG's main place of business.

6.3 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of XING AG.

6.4 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.