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GENERAL TERMS AND CONDITIONS OF MEET-TRANSLATORS.COM Issue: September 29, 2007 meet-translators.com is an interactive online offer from Eva Bartilucci and Frank Czygan (henceforth simply called "operators") and it is destined for translators with a university degree and employers offering translation jobs. 1. Validity of the terms of use 1.1. Between the operator and the member (henceforth simply called "user") the present General Terms and Conditions are valid. Any Terms and Conditions of the user which contradict the present General Terms and Conditions shall not be applicable. 1.2 By signing as a guest of meet-translators.com, the user agrees to the present General Terms and Conditions. While signing as a guest, the user can read the Terms and Conditions and must confirm the validity of the Terms and Conditions by clicking on an extra field. 1.3 The Terms and Conditions are also valid if the user uses further services of the operator and is not explicitly referred to the validity of the Terms and Conditions. 1.4. The operator reserves the right to change these Terms and Conditions at any time and without mentioning the reasons. The changed Terms and Conditions will be sent via email to the user two weeks before coming into effect. If the user doesn't contradict within two weeks after the receipt of the email to the changed Terms and Conditions, the changed Terms and Conditions are considered as accepted. The operator is obligated to point out in the email to the user that period of two weeks. This email must contain the changed Terms and Conditions. 1.5. If the user doesn't agree to the new General Terms and Conditions, the operator can finish the usage ratio without causing claim for damages on the part of the user. Saved data in the profile of the user will be deleted. This possibility will also be pointed out in the email to the user which includes the changed Terms and Conditions. 2. Registration and unregistration 2.1 Precondition to register to meet-translators.com is being a translator with a university degree or an employer offering translation jobs. 2.2 One user can only register once. By registering he assures that he isn't yet member of meet-translators.com. 2.3 The user affirms that all personal data given to the operator are true. This includes photos of the user. 2.4 meet-translators.com offers all services exclusively for private use. A commercial use isn't admitted. Registering to meet-translators.com, the user affirms to use our services only privately. 2.5 If the user breaks one or several of the conditions mentioned in 2.1 to 2.4, 8 will be applied. 2.6 The user can at any time unregister his account without mentioning the reasons in MY ACCOUNT by clicking on (DELETE MY ACCOUNT) but also in written form or via email. If the user unregisters his account, all saved data will be completely deleted. Then the usage ratio is finished. 3. The service of meet-translators.com 3.1 The operator offers a professional network in the form of a platform to communicate. It enables the user to communicate with other registered users to build up and to maintain friendship/ business connexions. The user can sign up, publish information about himself, found or join groups, invite contacts to join his group, search for other people (users) and much more. 3.2 All data of the users (profiles) are saved on a central data base of the operator. Users can view the profile of other users and contact them. 3.3 But in this process, morality and manners must be respected. It runs contrary to the sense of the service of meet-translators.com and is forbidden to feign a wrong identity or make racist comments. 3.4 As far as users add third-party links on meet-translators.com, the operator will probably visit such sites to control their contents. If on third-party sites there is illegitimate material, these links will be deleted by the operator. 3.5 The operator reserves the right to use programmes in the data base system which enable to draw conclusions concerning the communication behaviour of users. These programmes are designed to arise the security of the communication in the network of meet-translators.com. The data obtained through these programmes aren't designed to other, especially commercial, use. 4. Costs 4.1 It is free to sign up on meet-translators.com. Until further notice, all services and features on meet-translators.com are free. 4.2 The operator reserves the right to add adequate ads. 5. Use of data and data policy 5.1 For meet-translators.com it is important to interact with personal data of all users. 5.2 All laws of data policy are respected by meet-translators.com. Among others the Tele Services Data Protection Act, the German Data Protection Act, the appointments to data policy of the German Tele Communication Act (§§ 85 ff. TKG) and the allegations by legislative means in the EU are applied. 5.3 meet-translators.com doesn't pass on personal data of his users, if the user hadn't agreed before or there is any legal obligation to pass on data. If the user accords his agreement that meet-translators.com can pass on his personal data, he can easily cancel his agreement (by email, fax or letter). 6. Accountability of the operator 6.1 The operator isn't liable for the content of the information given by the users; in particular this is valid if users publish content which violate the trademark or copyright or the personal rights of a third person. This present disclaimer is also in force containing contents of homepages which users of meet-translators.com added without informing the operator. As soon as meet-translators.com gets to know rights violation on linked homepages, the operator will immediately delete these links. 6.2 The operator isn't liable for the correctness and the content of information given by the users and located in the register data or the profile data of users or for other contents generated by users. The operator isn't liable for a possible abuse of information. 6.3 The operator isn't liable for economic, physical or immaterial damages caused by using this network and communication platform unless there is evidence of wilful intent or gross negligence on the part of the operator or its employees. 6.4 The operator continually strives to assure an orderly function of meet-translators.com at any time. However, the operator doesn't guarantee neither a steadily function/ accessibility of meet-translators.com nor is liable for a slower transmission or breakdown for technical reasons. The services of meet-translators.com could for instance be shortly interrupted for technical reasons or to carry out maintenance work. 6.5 The operator isn't liable if an unauthorised third party finds out personal information of users (f. ex. hackers who access to the data base). The operator isn't liable for information given by the users themselves to a third-party who abuses the information. 6.6 The operator reserves the right - but doesn't enter into the commitment - to check the content of all texts and photos/graphics to see if they are abident of the law and to delete them if necessary. 6.7 The operator is entitled to confine or finish the service of meet-translators.com and to delete all saved information of the users at any time without mentioning the reasons and without causing claim for damages on the part of the user. 6.8 The linked pages on meet-translators.com were checked for rights violation before linked. Illegal contents on linked pages weren't obvious when published on meet-translators.com. The content of outside web pages that are active links on meet-translators.com is outside its influence. meet-translators.com can't continually control the linked pages. meet-translators.com will only do this if there is any evidence indicating right violation. As soon as meet-translators.com gets to know right violation on independent third-party pages, it will immediately delete these links. 7. Responsibility of users 7.1 Users are responsible for the content of their registration and the information they published about themselves. Users assure to don't violate laws or third-party rights with their behaviour and their uploaded contents (texts, pictures). In particular, they assure to respect personal rights and spiritual property third-party rights. 7.2 It isn't allowed to publish or exchange passwords, Codes or serial numbers of all types on the platform. 7.3 In addition, it is prohibited to install profiles on meet-translators.com or homepages for having access to information, to save, to edit, to change, to transfer or to abuse it otherwise. 7.4 The user assures that the data given to meet-translators.com (including photos of himself) correspond to reality and describe the user. In addition, the user assures that he uses meet-translators.com only on a private and not on commercial basis. He assures to do not abuse the platform meet-translators.com and the information given from other users for commercial publicity or publicity for political parties and/ or candidates. Eventually, the user assures that he doesn't diffuse contents which contradict the law on meet-translators.com. 7.5 The user can exclusively use the service of meet-translators.com for private exchange of information and to contact other users (if both parties agree). 7.6 To respect the law, in particular the privacy of correspondence and the privacy of telecommunication, users have to keep emails and other messages in confidence and can them only customise to a third person if the sender agrees. This is also valid for names, photos, phone and fax numbers, addresses, email addresses and/ or URLs (internet addresses). All types of violation of confidence, in particular the abusive usage of data with manual or automatic readout, saving, editing, changing, deleting will be punished. 7.7 In addition, users aren't allowed to intercept or to try to intercept emails or other messages destined to other users. The user shall exclusively send emails and other messages to other members for private communication, not for publicity for products or services. The user isn't allowed to send or organise chain letters, competitions, lotteries, bettings, pyramid mails or multi-level-marketing. 7.8 The user shall never violate the laws using the services of meet-translators.com or use the service to negatively affect other users of meet-translators.com. The following contents are forbidden: 1) Propaganda according to clause 86 StGB (German penal code) which is against the free democratic basic order or the concepts of international understanding, 2) Contents with characteristics of unconstitutional organisations according to clause 86 a StGB (German penal code) 3) Contents that incite to hate against parts of the population or against a national, racial or a religious group, encourage to violence or arbitrariness against these groups or violate their human dignity so that parts of the population are humiliated, slurred or defamed. 4) Contents that glorify or trivialise acts that were committed while the National Socialism according to clause 6, no.1 and clause 7, no.1 of the international criminal code, 5) Contents that show inhuman violence against men and glorifies or trivialises this violence or violates the human dignity; this is also valid for virtual displays, 6) Contents that give according to clause 126, no. 1 instructions for acts against the law 7) Contents that glorify the war, 8) Contents the violate human dignity, in particular by showing dieing or physical/ mental suffering men, 9) Contents that show children or youths in sexually accentuated position; this applies also virtual displays, 10) Pornographic contents that show sexual harassment of children or youths or sexual practices with men or animals; this is also valid for virtual displays. 7.9 In addition, it is forbidden to diffuse defaming or right violating material, to harass or threaten or violate the personal rights of other users or a third-party. 7.10 Eventually, the user isn't allowed to set links with contents that contradict the law on meet-translators.com. 8. Legal Ramifications of Violations of the General Terms and Conditions 8.1 For all types of violation by one or several users of one or several directives of the present General Terms and Conditions, in particular of one or several directives of the no. 2.1 to 2.4 and/or no. 7, the operator reserves the right to exclude these users without mentioning the reasons and without causing claim for damages on the part of the user and to delete their accounts with all data. In such a case, the operator reserves the right to take civil and/ or penal measures, in particular to claim damages and/ or to report the facts to the police. 8.2 Regulation of Contract Violation: If a user violates one or several directives of the no. 2.1 to 2.4 and/ or no. 7, the user must pay an amount of money that will be fixed by the operator and checked by the responsible court. In addition, in this case users must give an explication of obligation to desist after invitation by the operator to the operator that corresponds to the legal standards. 8.3 The user is obligated to abandon all kinds of complaint, damage, loss or claims that could be caused by users abusing the present General Terms and Conditions. The user is obligated to hold the operator free and harmless of any claims, obligations and charges that could be caused by other users that insult, defame or violate personal rights or for the violation of immaterial goods (trade marks, copyright etc) and other rights. The obligation of users to hold the operator free is also valid for costs for a lawyer. 9. Electronic attacks by hackers, crawlers etc 9.1 All types of electronic attacks on the platform / the data base/ the network of meet-translators.com or individual users are forbidden. Every kind of electronic attack results in immediate exclusion from the portal and will be followed by civil and penal proceedings. 9.2 Hacking attempts (attempts to circumvent or to abrogate otherwise security barriers of meet-translators.com), usage of computer programmes to automatically readout data f.ex. with crawlers (alias Speeder or Robot, short: Bot), the intended usage and/ or diffusion of virus, worms, Trojans and the usage of links, programmes or other methods which can/ shall damage the platform / the data base/ the network of meet-translators.com or individual users are electronic attacks. This list of measures considered as electronic attacks is not complete. 9.3 Regulation of Contract Violation: The user is obligated to pay a contract penalty (fixed by the operator and checked by the country court) of min. 6.000 € (in words: six thousand euros) if he violates the regulation of electronic attacks (no. 9.1 to 9.2). 9.4 In case of violation of the prohibition of electronic attacks (no. 9.1 to 9.2) the user is obligated to give an explication of obligation to desist after invitation by the operator to the operator that correspond to the legal standards containing the following contents: a) The declaration to desist to continue the electronic attack or to undertake a similar attack. b) The declaration to desist with immediate effect to pass data obtained through the electronic attack to a third-party. c) The user must inform in written form to which third-parties (names, addresses, complete contact data) he gave away obtained data and in which form it was given, transferred to a third-party. d) The declaration that the data obtained through electronic attack will be completely, definitively and unrecoverable deleted as well as analogue material (f.ex. documents, records, printouts etc) will be destroyed. e) A declaration on oath as confirmation of the funded deletion and destruction with a binding signature must be sent to the operator. f) The declaration to maintain silence about the obtained data, the obligation to desist and the declaration on oath as well as other matters that concerns meet-translators.com - in particular, the attacker must maintain silence about internet forums, bogs or vis-à-vis the press unless it is because of the public law or to respect personal rights in front of the court is necessary. 10. Severability clause Should any individual provisions in the above options terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The invalid or impracticable provision will be replaced by a ruling that is as close as possible in economic purpose to the invalid or impracticable provision in a legally effective and practicable form. The same will also apply in the event of any unintended omissions. 11. This agreement shall be governed by the law of the Federal Republic of Germany, the courts of Stuttgart shall have exclusive jurisdiction without risk of the Convention on the International Sale of Goods. |









