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Terms of Service


§ 1 – General Terms

  1. Designspotter allows the use of this website in accordance with the general terms only.
  2. Designspotter reserves the right to modify the terms provided that modifications are reasonable for mutual interests. Any modification of the terms will be communicated to the user on the website and via E-mail The user has the right to contradict to any modification of the terms within two weeks after being notified. The user will be informed about the consequences of the expiry date on the website as well as via E-mail.
  3. Designspotter reserves the right to define separate terms for certain areas of this website, which can be viewed by the user in these areas.


§ 2 - Services of Designspotter

  1. Designspotter offers on this Website a portal for designer and creative people looking for jobs and orders as well as for potential clients (both named “user” in this terms).
  2. The Website can be used by the users for the querying and posting job offers as well as any other information in accordance with these terms.
  3. Any content on your site that has been posted by third parties will not be checked by Designspotter unless there is a concrete cause. Designspotter will become in no case contractual partner in the contract that is concluded between the users based on the data and offered services on the Website. Designspotter is excluded from any contractual obligations if a contract between the users results from the contact from the Website.
  4. Users can register in order to get access to non-public areas on the website. The user needs to enter personal data (name, address, e-mail etc.) for the registration. This personal data will not be accessible by the public unless explicitly agreed upon with the user.
  5. A sustained continuous access to the Website cannot be guaranteed due to potential overload of the access point in peak times or caused by necessary maintenance or system failures; hence the user will not acquire any claims for compensation against Designspotter.
  6. Designspotter reserves the right to stop the service for the user on the website partly or completely at any time and without advance notice; hence the user will not acquire any claims for compensation against Designspotter.
  7. The user cannot claim that offers are presented on the Website in local language.


§ 3 - Responsibilities of the User

  1. The free registration at Designspotter is required in order to use any service offered in the non-public area of the website. The user has no right to register or to use the Websites of Designspotter.
  2. The user is obliged to maintain confidentiality of the password that gives access to the non-public area of the Website.
  3. Designspotter reserves the right to delete content of the user from the website, to delete his data and to deny access for the following reasons:
    • authentication of the entered registration data is not possible
    • presumed incorrect or false information in the registration
    • presumed or noticeable misuse of the Websites
    • damage or impairment of the functional capability of the Websites
    • severe violation of the terms of use
  4. The user can delete his account at any time.
  5. The user agrees that all important messages that affect the terms of use are communicated by E-Mail unless any other legal form is mandatory.


§4 - Usage Restrictions

  1. Any use of the services or offers of the Website needs to be in compliance with the legal law.
  2. The user is not allowed to enter incomplete, false or misleading information. Posting information about or for third parties on the Website requires an explicit confirmation from the third parties. The user needs to be able to present this confirmation to Designspotter at any time when asked for.
  3. Any conduct that violate or intents to violate the security of the system or network (e.g. forcing unauthorized access or infiltrating a virus) are forbidden and will be prosecuted by civil and criminal law.
  4. The user obliges not to violate the applicable law by the publication of contents on the Website or setting hyperlinks. The user obliges not to violate the criminal law, copyrights, brand and trademark rights, personal rights or any other rights of third parties. Even if no auditing duty exists, Designspotter reserves the right to reject materials provided by the user in order to be presented on the Website if the materials violate the applicable law.
  5. The user releases Designspotter from any claims by third parties and any damages that result from the violation of third parties’ rights.
  6. The user obliges to use the contact data provided by other users on the Designspotter Website only by complying with the following conditions.
  7. The user obliges to use the contact data:
    • not for establishing contacts that are not related with the intention of the entry
    • not for the recruitment for work outside the industry, participation in pyramid sales/multilevel selling or other illegal activities
    • not for advertising activities or for unsolicited e-mails especially directed to various addressees
  8. The user accepts by entering his data in the public and limited accessible areas of the Website that the data is visible for other users with relevant access rights and can be used for establishing contacts for the intended reason.

 
§ 5 – Specific terms for the client

  1. The terms in this paragraph supplementary to the terms of use are applicable for clients. A client is any user who posts a job advertisement on the Website.
  2. A separate licence agreement is necessary in order to post a job advertisement. The user will be charged for posting a job advertisement.
  3. The client has the possibility to choose between various subscriptions.
  4. By choosing a subscription, entering his personal data, entering the necessary information about the job advertisement and by confirming the choice in step 2, the client concludes a licence contract with Designspotter on the basis stated in the subscription. Supplementary to the net price the local VAT will be added and shown separately.
  5. By concluding the contract the stated and agreed fee becomes due and payable in the currency indicated within 14 days after receipt of invoice.
  6. The subscription ends after expiry of the term automatically and without need of a cancellation. The subscription term can be prolonged only by ordering another subscription.
  7. The client has the opportunity to preview the job advertisement and to check on correctness and completeness before giving a binding confirmation. A modification of the job advertisement and in particular of its content, after the binding confirmation of the subscription purchase is only possible for an important reason and in accordance with Designspotter.
  8. The commencement and obligation of the subscription shall be unaffected in case the job advertisement is successful before expiry of the subscription term or in case it will become useless for the client for any other reason.
  9. Designspotter reserves the right to mark the job advertisement as “no longer available” or to delete the job advertisement for this reason. In case of a deletion the client will be receive a proportionate part of the paid fee. Any deletion due to another reason especially due to a violation against the terms of use will not affect the obligation to pay the complete subscription fee.  


§ 6 – Data Protection

  1. In a data privacy statement on the Website Designspotter will provide information on type, dimension, place and intention of the data query as well as processing and usage of personal data that has been provided by the user or was queried by Designspotter.


§ 7 – Liabiltiy

  1. Designspotter can be held liable only – irrespective of legal basis - if the damage is caused by a breach of an essential obligation (cardinal obligation) that puts the purpose of the contract at risk or that is caused by gross negligence or intention.
  2. The user is liable for all disadvantages that Designspotter suffers from misuse or unlawfully use of the Website. The user will also be held liable if he culpably neglects his contractual obligations. The user excludes Designspotter from all claims by third parties that result from a violation of the users’ duties or these terms of use.


§ 8 – Defects Liability

  1. Designspotter does not assume any liabilty for job advertisements on the Website especially not for the adequacy for specific purposes and for liberty of third parties’ rights. Designspotter is not liable for the correctness, completeness and actuality of contents on the Website if Designspotter only meditated the access for using these contents. Designspotter is not liable for the rights of third parties on information that has been posted by third parties. Solely the user is liable for the content and in particular for the correctness and legal legitimacy of the text and pictures that are part of the job advertisements that were posted by the user. The application of §§5 TDG and 5 MDStV shall remain unaffected thereby.


§ 9 – Final Clause

  1. The privity of contract between the user and Designspotter resulting from or in connection with the use of the Website by the user is governed exclusively by German Law to the exclusion of the UN-Convention of International Trade.
  2. Place of jurisdiction is Cologne/Germany provided that an agreement in this regard is complying with the law.
  3. The terms of use are composed in German language and are also available in translated versions. The German version is decisive for the interpretation of the terms of use.
  4. Should any of the provisions of the terms of use become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected thereby.


As of September 25th, 2009