Terms

 

Terms
CLPN consultant Lounge Professional Network GmbH

Preamble
The consultant CLPN Lounge Professional Network GmbH (hereinafter referred to as "consultant Lounge") operates an Internet network for consultant personalities in companies of all industries and sizes.
 
Membership in this network is by regristration only. Users of this network are therefore comparable with members in an exclusive club, within a closed user group get in contact, exchange information and publish relevant content. In addition, they could get exclusive services, content and products from other members. These concern mainly the areas of career (services around human capital management and recruiting), lifestyle (events, travel, premium-commerce) and community (professional publications, news, innovation management services, etc.). By registering as a user  (hereinafter the "user") the following terms and conditions for the use of consultant Lounge are accepted (hereinafter referred to as the "Terms").
 
The offer of Consultant Lounge could be operated at various top-level domains (Consultant-Lounge.de, Consultant-Lounge.com etc.) and under various aliases and subdomains of this domain. All sites where the consultant Lounge-services are available, are called the "Consultant Lounge sites".
 
These terms governs the contractual relationship between the user and the Consultant Lounge, regardless of which of the consultant Lounge sites the user is registered or logged.
 
The offer is directed exclusively to adult persons.
 
1. Subject


1.1. The consultant lounge sites offer a closed communication forum.

1.2. Target group of the consultant Lounge are professionals and executives in charge of consulting tasks. These include:


staff and executives of consulting firms
freelance business consultants (IT, process, strategy advisor to interim manager)
inhouse-consultants and staff working in an advisory line function(project organizations, Staff departments, etc.).
 
1.3. Consultant Lounge can offer the consultant Lounge sites (software, registration, administration, hosting, log-in, collection, etc.) through cooperation partner and / or external service providers.
 
1.4. The consultant Lounge makes the data and/or information provided by the user to other users only available to the extent that such data and / or information does not violate laws or these Terms of Service. The consultant Lounge is entitled to delete or remove illegal content without notice.
 
1.5. The user acknowledges that a 100% availability of the consultant Lounge sites is technically impossible to implement. The consultant Lounge tries, however, to make the consultant Lounge sites constant available. In particular, maintenance, security or capacity issues and events that are not in the influence of consultant Lounge such as disturbance of public communications networks, power failures, etc.) can lead to short-term disruptions or temporary cessation of services on the consultant Lounge sites.
 
1.6. The consultant Lounge offers the users a platform to bring the user together with others; the consultant Lounge provides only technical applications which allow a general contact between the users. The consultant Lounge is furthermore not involved in the communication among the users. If the users are closing contracts via the consultant Lounge, the consultant lounge is not involved here and is therefore not a contractor. Users are responsible for the execution and fulfillment of contracts between them alone. The consultant Lounge is not liable for any results of contractoral activities between the users. The consultant Lounge is also not liable for breaches of duty of the users from their contracts.

2. Registration, assurances at the time of registration

2.1. The user registers before the use of the services of the consultant Lounge sites.
 
2.2. The user guarantees that all data provided by himself in the registry data are true and complete. The user is required to provide the consultant Lounge changes in his user data immediately. The user may not use pseudonyms or artist name.
 
2.3. The user guarantees that he is legal of age at the time of registration.
 
2.4. When registering the user chooses a password. He is obliged to change his password secret. The consultant Lounge is the password to any third party and the user will never ask for the password.
 
2.5. Each user could register only once and only with one user profile.
 
2.6. The consultant Lounge can not technically determine with certainty whether a user of the consultant lounge is the person, the user pretends to be. The consultant Lounge therefore no guarantee for the actual identity of a user. Each user has therefore even the identity of another user to convince.
 
2.7. The consultant Lounge reserves the right to exclude users to the membership and to refuse registration. In this respect, there is no right to get a membership. Exclusion may be based after registration, especially if the user violates these terms and if he belongs not to the target group mentioned in 1.2.

3. Obligations of users

3.1. The user is obliged to
 
3.1.1. use only true and not misleading information in its profile and its communications with other users and use no stage names or pseudonyms;
 
3.1.2. to hold all relevant information in terms of the membership always up-to-date;
 
3.1.3. transmit only those photos of his person to the consultant Lounge sites with a maximum of two (2) years of age and where the user is clearly recognize. The user agrres that the public use of his photos on the consultant Lounge sites is allowed. The transmission of photos or other images of not living people or other beings (animals, fantasy creatures, etc.) is not permitted. The transmitted pictures should be no corporate logos.
 
3.1.4. respect in the use of content and services on the consultant Lounge sites the applicable laws and all rights of third parties. It is the user particular not allowed:
to publish insulting or defamatory content, regardless if the content reaches other users, Consultant lounge employees or other persons or companies;
use pornographic or against youth protection laws infringing content or pornographic or against youth protection laws infringing products to advertise, offer or sell;
unreasonable treat other users (especially by SPAM) to harass (see Section 7 law against unfair competition, UWG);
use (eg by copyright, trademark, patent, design or utility model law) protected content, without being entitled to, or legally protected goods or services to advertise, offer or distribute, and
promote ore support anti-competitive acts, including progressive marketing-methods(such as chains, snowball or pyramid schemes).

3.1.5. do not promote or support the following harassing acts, even if they violate no laws specifically:
contacting users due to the purpose of Recruiting by Researchers and Consultants of Headhunters or HR-Agencies;
sending chain letters;
sending identical private messages to multiple users simultaneously (MLM);
implementation, application and sales promotion of structural sales measures (such as multi-level marketing or multi-level network marketing)
or inappropriate or sexually oriented communications (explicitly or implicitly).
 
3.1.6. allow consultant lounge to monitor his user-behavior to optimize the application.
 
 
3.2. The following acts are prohibited to the users:
use of mechanisms, software or scripts in connection with the use of the consultant lounge. The user may, however, use the software and interfaces that are made available by the consultant Lounge;
blocking, overwriting, modify, copy, unless such are required for the proper use of the services of the consultant Lounge sites. Copying by "Robot / crawler" search engine technologies because such is not necessary for the proper use of the services of the consultant Lounge sites and is thus expressly prohibited;
dissemination and public publication of the contents of the consultant Lounge sites or from other users;
any act that is capable to disturb the functionality of the consultant Lounge infrastructure especially through excessive usage.

4. Amendments to the consultant services on the lounge Web sites

The consultant Lounge reserves the right to change the offered services, content and functionality or publish different offers, except this is not reasonable for the users.

 
5. Termination of membership

5.1. The user can quit his membership by deleting his profile at any time.

5.2. The consultant can lounge can quit the membership by deleting the user profile in the presence of an important reason at any time. An important reason is if the continuation of membership for the consultant lounge is not acceptable, taking into account all the circumstances of the case and weighing the interests of the consultant lounge and the user. Important reasons are the following events (and other not mentioned):
non-compliance of relevant laws and regulations by the user;
violation of the user against his contractual obligations, in particular paragraph 2 and 3 of this Agreement and in particular against the ban in 3.1.5. the first bullet marks (prohibition of professional recruitment and placement);
the user advertises for associations or communities - or their methods or activities - that are observed of security or youth protection authorities;
the user injures one or more other users.
the user no longer belongs to the target group at 1.2

5.3. If there is an important reason to Paragraph 5.2. The consultant Lounge could regardless of the delete of the profile the following sanctions impose against the user:
deletion of content, the user has published;
saying a warning or blocking of access to the services of the consultant Lounge sites.

6. Responsibility for the content, data and / or information of users

6.1. The consultant Lounge accepts no responsibility for content, data, bids and / or information published by the users of consultant lounge, as well as for the content of external sites linked. The consultant Lounge in particular do not ensure that the contents are true, fulfill a specific purpose or serve such a purpose.

6.2. If the user becomes notice of a uncorrect use of the consultant Lounge sites (including the use of pseudonyms or deceptive identities), he can report this with the contact form accessible from every page.

7. Liability of the consultant Lounge

Claims for damages - regardless of the law - against the consultant Lounge (including its auxiliary), exist only when an essential contractual obligation / cardinal duty is negligence. Claims for damages in this case are limited by the amount of the typical foreseeable damage.
 
The restrictions are not relevant, if the damage is covered by the consultant lounge insurance company and the insurer has paid for it.
 
Claims for personal injury and property damage due to the product liability law remain unaffected.

8. Exemption

The user set the consultant Lounge free of all claims including damages claims by other users or other third parties against the consultant Lounge because of a violation of their rights by the users to the consultant Lounge sites set content. The user set also the Consultant Lounge free of all claims including damages claims by other users or other third parties against the consultant Lounge because of the violation of their rights by using the services of the consultant Lounge sites claimed by the user. The user assumes all of the arising reasonable cost founded by the violation of the rights of third parties , including the legal defence arising reasonable cost because of a violation of the rights. All further rights and damages claims of the consultant Lounge remain unaffected.
 
The foregoing obligations of the user shall not apply if the user is not responsible for the violation of the law.
 
9. Privacy

The consultant Lounge is aware that the handling of all personal data is particularly sensitive and is extremely important. Therefore consultant lounge attends all relevant legal data protection requirements (German data protection laws, European data protection guidelines and any other applicable data protection law). The consultant Lounge won´t transfer the personal data of users to unauthorized third parties or third parties otherwise noted. For details on the processing of data from the user in the the consultant Lounge, see the privacy policies, which can be reaches from each of the Consultant lounge sites.
 

10. Final Provisions

10.1. The contract and its amendments shall be in writing. Ancillaries do not exist.
 
10.2. The consultant Lounge reserves the right to change these Terms at any time without giving reasons. The consultant Lounge will notify the user of changes to the terms automatically.
 
10.3. Unless otherwise agreed, the user can send all statements to the consultant lounge by e-mail with the contact form from each of the lounge sites accessible or leave it by letter to the consultant Lounge. The consultant lounge send statements to the user via e-mail or fax or regular mail addresses given in the current contact details in his user account.
 
10.4. If individual provisions of these terms and conditions be or become ineffective, the validity of the remaining schemes are not affected. The contracting parties agree to replace an ineffective regulation through an effective regulation if the economically intended purpose of the ineffective and effective regulation comes as close as possible. This is in accordance with contract gaps.
 
10.5. The place of delivering is the headquarter of the consultant lounge.
 
10.6. The place of Jurisdiction is the headquarter of the consultant lounge.
 
10.7. German law applies to the exclusion of international private law and UN-Commerce Law taking part in german law.