Valid as at: April 2009
JobStairs is a job exchange operated by milch & zucker - Talent Acquisition & Talent Management Company AG (hereinafter "muz").
The following conditions of use shall apply exclusively and bindingly for job seekers (hereinafter termed "users") who register with JobStairs. Other conditions or counter-declarations on the part of the user shall apply only if, and to the extent, that muz has explicitly agreed to them in writing. Silence on the part of muz with respect to other conditions or counter-declarations does not indicate in any way that it acknowledges or agrees to them. Any such conditions or counter-declarations on the part of the user are herewith expressly rejected.
2.1 The contractual right to use the services provided by JobStairs comes into existence between muz and the user once the access password has been communicated to the latter. The use of JobStairs is free of charge to the user. However, the user has no legal claim to the use of JobStairs services. muz reserves the right at any time to alter or even close down the JobStairs website, including the services offered therein.
2.2 The user is entitled to cancel the use agreement with muz at any time, by sending written notification to firstname.lastname@example.org.
3.1 The user undertakes to make regular use of JobStairs services. In the course of use, he or she pledges not to disseminate any content with relevance in terms of the violation of criminal law, nor to infringe the rights of any other third parties (in particular industrial property rights or competition rights). The distribution of material that is morally harmful to young people, pornographic, extremist or racist in content, virus attacks, or the illegal use of JobStairs services to break into the security systems of outside networks, hosts or accounts (i.e. cracking, hacking) are expressly prohibited. In particular, actions or activities such as those listed above entitle muz to the immediate, unconditional termination of the contract relationship, and allow it to block all content of the user concerned.
3.2 Once the password has been issued, the user must ensure that it is kept secret and is properly used.
3.3 The user hereby agrees that all messages concerning the contractual use of JobStairs services may be sent by eMail, provided that no other form is prescribed by law.
Once he or she has placed content in JobStairs, the user grants muz the rights to such content as are necessary to provide JobStairs services, including the right to use, copy, publish, reproduce, edit, or create derived works from, or translations of, such content, either in printed form or as electronic media. Such rights may be sublicensed and are non-exclusive, but are restricted to the term of the user's registration.
5.1 The user is responsible for all content he or she places in JobStairs, including texts, photos, graphics, files, links, etc. He or she undertakes to comply with all legal regulations, particularly with regard to infringements on any brand or personal rights, copyrights or other third party rights.
5.2 The user undertakes to protect his or her personal access to JobStairs from unauthorised use by third parties and to safeguard his or her password. The user releases muz from any and all damages caused by unauthorised use of the JobStairs access or other damaging actions caused by the user or third parties, insofar as the user is liable for any improper use.
5.3 Under the terms of the German Tele Services Act [TDG] and the Agreement on Media Services between the German Federal States [MDStV], muz is responsible for foreign content only if (1) muz is aware of the illegal actions or of the content and, in the case of compensation claims, muz is also aware of the facts or circumstances from which the illegal action or the content become apparent, or (2) muz has not taken immediate steps to remove the content or block access to it, as soon as muz became aware of such content.
5.4 muz is entitled to remove illegal content from JobStairs (e.g. content that violates legal or official regulations, or public policy or morality) without giving prior warning to the user. The user will be informed immediately of any such action. This does not entitle the user to any claim for reimbursement.
5.5 If muz becomes aware of illegal action on the part of the user, or if muz is informed by a third party of an alleged, non-permitted action, muz will transfer the personal data of the user to the criminal authorities and public order authorities in accordance with legal regulations. Should legal regulations make it necessary beforehand for muz to check the legality of the transmission or the action in question, muz shall duly comply with such regulations.
muz expressly dissociates itself from the content of any websites to which there are direct or indirect references (so-called "links") resulting from the JobStairs web presence, and accepts no responsibility or liability for such content. The providers of the content of such pages are themselves responsible for such content. The same applies to all page content that is shown on JobStairs in so-called "frames".
7.1 muz merely provides the user with the opportunity to access the JobStairs website. muz gives no guarantee that the content of JobStairs is complete, up to date or correct.
7.2 muz makes every effort to ensure the continuous, problem-free availability of JobStairs website. However, it can give no guarantee of availability. The user is aware that it is not possible, in accordance with the current state of technology, to create a programme that is completely error-free, and, moreover, that it is possible that content may not always be available through JobStairs.
7.3 muz accepts liability in accordance with the German Product Liability Act [ProdHG] for losses resulting from the non-availability or temporary restriction of services from JobStairs, and for all other losses. Similarly, it accepts liability in accordance with legal regulations for cases of fraudulent concealment of a defect, assumption of a guarantee, or for losses arising from injury to life, body, or health, and for losses arising from a wilful or grossly negligent dereliction of duty on the part of muz.
7.4 In the case of violation of material contractual obligations owing to simple negligence on the part of muz, liability shall be limited to the typical, foreseeable loss at the time the agreement was concluded. muz accepts no liability for violation of immaterial contractual obligations owing to simple negligence.
7.5 The user shall indemnify muz, its representatives and vicarious agents against all third-party claims arising from the illegal use of JobStairs. The user shall inform muz immediately of any claim filed by a third party as the result of illegal use of JobStairs.
8.1 muz reserves the right to alter or supplement these conditions of use in the future. The user undertakes to check these conditions at regular intervals for changes or additions. Each time it uses JobStairs, the user declares that it agrees to the version of these conditions of use that is valid at the time.
8.2 The laws of the Federal Republic of Germany shall exclusively apply for all legal relations between muz and the user, excluding the United Nations Convention on Contracts for the International Sale of Goods [CISG].
8.3 If the user is a merchant, the exclusive place of jurisdiction for any disputes arising either directly or indirectly from the contractual agreement is Frankfurt am Main, Germany. However, muz is also entitled to bring an action against the user at its usual place of jurisdiction.
8.4 If any individual provisions in this agreement should prove illegal, all other provisions shall remain fully valid. A different provision shall apply ipso jure that most closely corresponds to the sense and intent of the original illegal clause, to the extent that this is legally permissible.