General Terms and Conditions for the use of XING news pages

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Preamble

The page operator (“Content Partner”) concludes this agreement with New Work SE, Dammtorstr. 30, 20354 Hamburg, Germany. Additional contact information, commercial registry data, as well as the name of the authorised representative of New Work SE can be found under About this site.

The XING service is rendered via websites (e.g. xing.com, xing.de), a number of different sub-domains and domain aliases, and via mobile applications (“apps”), background applications, web services, newsletters and third-party-site integrations (e.g. iFrame). All websites, sub-domains, aliases, mobile applications, background applications, web services, newsletters and third-party-site integrations provided by XING and where XING is available are hereinafter referred to as “XING Websites”.

  1. 1. Subject Matter

    1. 1.1 When concluding this agreement for the use of XING content pages, the Content Partner (publishing houses, bloggers, authors, etc.) may – to the extent permitted by these GTC – create one or more content pages on XING with the aim of adding and posting its own written, image, audio and/or video content and with the aim of linking to its own and third-party content hosted on the Content Partner’s external sites or third-party sites (“Content”).

    2. 1.2 New Work SE offers the Content Partner a technical platform that brings the Content Partner together with third parties (XING members and other third parties), and only provides the technical applications required to do so. New Work SE does not warrant that the Content Partner will be able to contact XING members or other third parties. As regards content, New Work SE does not take part in any the Content Partner’s communication. New Work SE is not involved in any agreements concluded via XING and is therefore not a contracting party. The Content Partner is solely responsible for the execution and fulfilment of agreements with third parties. New Work SE shall not be held liable if the Content Partner and third parties are unable to contact one another over XING Websites regarding such agreements. Furthermore, New Work SE shall not be liable for breaches of duty in relation to agreements entered into between the Content Partner and third parties.

    3. 1.3 New Work SE does not make any warranties or representations regarding any content, data and/or information provided or made available by Content Partners on any of the XING Websites or on any linked external websites. In particular, New Work SE does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

  2. 2. Duties of the Content Partner and terms of use applicable to XING’s content pages

    1. 2.1 The Content Partner warrants that it holds all of the necessary Content rights and that it may use said Content for the purposes set out in this agreement. Should the Content Partner add and post Content on XING that is protected by copyrights or other rights, the Content Partner grants New Work SE the right to post, disseminate and make said Content available to third parties on the XING Websites and XING mobile offerings free of charge without any temporal or spatial restrictions. This right also extends to the use of links to other websites and editing (in particular shortening, summarising and/or adding to) Content while respecting moral rights.

    2. 2.2 The Content Partner is obliged to select at least one industry for its page that is best suited to the Content, and then give this page a name. The Content Partner warrants that it holds all of the rights necessary to use the page name. Page names should reflect the page’s content.

    3. 2.3 The Content Partner has the right to delete individual items from its content pages and/or its entire content page at any time. New Work SE’s use of the Content Partner’s Content ends when the Content Partner removes it from its content pages or deletes its content pages.

    4. 2.4 New Work SE is not obliged to check the Content posted and/or linked to by the Content Partner to make sure said Content is correct, complete or legally compliant. New Work SE is not obliged to post the Content Partner’s Content.

    5. 2.5 The Content Partner is responsible for ensuring that the Content it provides does not break the law or breach these GTC, is not abusive or immoral or deemed unreasonable for other reasons by New Work SE. The same applies to links to external sites. New Work SE is entitled to remove such Content from XING Websites without prior notice to the Content Partner. This does not constitute a legal basis entitling the Content Partner to submit a reimbursement claim. The Content Partner must in particular refrain from adding, posting, referring or linking to Content on its content pages which

      • could violate or impair individual rights and/or third-party trademark rights, and/or
      • is deemed insulting, defamatory or detrimental to business, and/or
      • is deemed pornographic, violence-glorifying, abusive, immoral, racist and/or xenophobic, and/or
      • violates the German Youth Protection Act, and/or
      • unreasonably annoys, particularly with spam, any other user (cf. Section 7 of the German Unfair Competition Act - UWG), and/or
      • uses or promotes any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales), and/or
      • contains advertising, sponsored posts and/or job ads.

      Should the Content Partner have any Content on its content pages that violates the above requirements, the Content Partner must

      • remove said Content and/or links thereto from its content pages and
      • immediately inform New Work SE thereof.
    6. 2.6 Any breaches of this agreement, legal provisions or third-party rights, or if New Work SE has a legitimate interest, New Work SE may impose the following sanctions: It may delete Content the Content Partner posted on content pages, temporarily or permanently deactivate content pages, or terminate the agreement to use content pages.

    7. 2.7 Complaints from XING members may lead to content pages being temporarily deactivated.

    8. 2.8 New Work SE may publish certain personal details (e.g. name, link to XING profile) of the Content Partner, administrators, editors and authors.

    9. 2.9 The Content Partner is obliged to keep login details secret from unauthorised third parties. The Content Partner shall in particular store usernames and passwords such that they cannot be accessed by unauthorised third parties. The Content Partner shall inform New Work SE as soon as it becomes aware that an unauthorised third party has gained access to its password.

    10. 2.10 The Content Partner is solely responsible for ensuring that the hyperlinks it uses do not link to third-party content that violates any applicable law.

  3. 3. Administrators and editors

    1. 3.1 If the Content Partner is not an individual XING member, the creation, access, editing, posting and use of the XING content pages may only be performed by an administrator authorised to do so by the Content Partner who must be a XING member. The administrator may register one or more editors for the Content Partner’s content pages. Editors may add, edit, post and link to content, and must also be XING members.

    2. 3.2 Should an administrator or editor cancel their XING membership or be excluded from using XING (in particular due to violating the GTC applicable to their XING membership), the administrator or editor is no longer permitted to edit their content pages.

    3. 3.3 The Content Partner has the right to revoke an administrator’s authorisation or an editor’s registration, or to appoint a replacement for an administrator or editor. This applies in particular to the case set out in section 3.2. Authorisation of a replacement administrator shall take place by means of authorisation and appointment by the Content Partner and approval by New Work SE. The administrator has the right to revoke an editor’s registration or to appoint a replacement editor.

    4. 3.4 The Content Partner warrants that all of the data provided by the administrator or editors during the registration process is both accurate and complete. The Content Partner is obliged to ensure that its data is accurate and complete for the entire duration of the agreement.

    5. 3.5 The Content Partner shall bear any fault on the part of the administrator or editor to the same extent as if it were its own fault. In particular when editing and using content pages, the Content Partner must ensure that the administrator and editors observe the General Terms and Conditions for the use of the XING service, the General Terms and Conditions for the use of the XING content pages as well as any applicable laws and third-party rights.

  4. 4. Availability

    The Content Partner acknowledges and agrees that it is technically impossible to achieve 100% availability of the XING Websites. New Work SE shall nonetheless endeavour to keep XING Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond New Work SE's control (e.g. disruptions in public communication networks, power failures, etc.), may result in brief malfunctions of or temporary interruptions to the XING Websites. Irrespective of the legal basis, all claims against New Work SE resulting from impairments and/or interruptions are excluded to the extent permitted by law.

  5. 5. Functionality changes

    New Work SE reserves the right to change the functionality and general design of its content pages, to offer different services or to discontinue them.

  6. 6. Term

    The Content Partner and XING may terminate this agreement at any time without the need to state a reason. If the Content Partner deletes its content pages, this agreement is automatically terminated.

  7. 7. Data protection

    1. 7.1 The Content Partner is obliged to observe applicable data protection and privacy law.

    2. 7.2 The Content Partner is prohibited from collecting, processing or using personal XING member data and from passing said data on to third parties unless permitted to do so by means of valid consent from the affected XING members or third parties, or unless permitted to do so within the scope of German or European data protection law.

  8. 8. Liability of XING

    1. 8.1 New Work SE shall be liable without limitation for damages resulting from injury to life, limb or health which occur due to a breach of duty by New Work SE, one of its legal representatives or vicarious agents. New Work SE shall also be liable without limitation for damages resulting from a lack of a characteristic warranted by New Work SE or malicious conduct by New Work SE. In addition, New Work SE shall be liable without limitation for damages due to intent or gross negligence on the part of New Work SE, one of its legal representatives or vicarious agents.

    2. 8.2 Apart from the cases set out in sections 8.1 and 8.3, New Work SE’s liability shall be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of New Work SE is excluded.

    3. 8.3 Liability pursuant to the German Product Liability Act shall remain unaffected.

  9. 9. Miscellaneous

    1. 9.1 New Work SE is permitted to commission sub-contractors. Even when commissioning sub-contractors, New Work SE is still responsible for fulfilling the duties incumbent upon it. New Work SE is permitted to transfer rights and duties to third parties, in whole or in part.

    2. 9.2 New Work SE reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the Content Partner. New Work SE shall give the Content Partner due notice of any amendments to these GTC. If the Content Partner does not object to the applicability of the revised GTC within six (6) weeks after receipt of said notice, the amended GTC shall be deemed accepted by the Content Partner. New Work SE shall inform the Content Partner about its right to object and of the relevance of the objection deadline in said notice.

    3. 9.3 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of XING.

    4. 9.4 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.

    5. 9.5 If any of the provisions of this agreement are or become unenforceable, they shall not affect the validity of the remaining provisions.

Right of withdrawal for consumers

Instructions on withdrawal and model withdrawal form

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us

New Work SE

Dammtorstraße 30

20354 Hamburg

…………Germany

Phone: +49 40 419 131 0

Fax: +49 40 419 131 11

E-mail: de-invoice@xing.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the available on each of our webpages). You may use contact form) available on each of our webpages). You may use this model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

You may download and use the model withdrawal form available here as a PDF file.

Exclusion of right of cancellation:

The right of cancellation does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).

Other additional information:

You expressly agree that we will start to render the service before the end of the cancellation period.