Terms of Service

 

preamble

“Walters Jobrotator”, CH-6045 Meggen, not entered in the commercial register as a private person (hereinafter “job rotator”), operates an internet service (job exchange) and forum for all common professional groups for the purpose of reducing commuters. This service enables the user to run his own profile on the "Jobrotator" website and to view the profiles of other users, whose current content is displayed on his personal home page and sent to him in the form of a summary ("Jobrotator News") by email. In addition, "Jobrotator" offers participation in market research studies that focus on professional and private issues. In this way, "Jobrotator" connects employees and workers of the same professions in order to place them. The services of "Jobrotator" are available via websites on the Internet ( www.jobrotator.com ) as well as under various subdomains and aliases of these domains and via mobile applications ("Apps"), web services and forwarding or integration in third-party sites ( e.g. via "iFrame") ) provided.

"Jobrotator" is financed through access authorization (Premium Account), donations, advertising, eCommerce and market research.

 

Definitions of terms

  • User: Natural person who uses the "Job Rotator" services.

  • Channel: Information platform on "Jobrotator" in which one or more users can post content.

  • Asset: Text or file that is published by a user in a channel on "Jobrotator".

  • River: Chronological collection of different assets in a channel or on a user home page.

 

 

§ 1 subject matter of the contract

The subject of these general terms and conditions ("GTC") is the use of the "Jobrotator" websites and services, in particular

  • the registration for "job rotator" § 2 Paragraph 6

  • Withdrawal period, Section 2, Paragraph 12

  • Premium Account § 2 Paragraph 6

  • Registration fee, donations and payments to Job Rotator § 2 Paragraph 13

  • Currency Section 2 Paragraph 14

  • Termination and notice period § 2 Paragraph 11

  • the use of the "job rotator" password § 4

  • the use of the "job rotator" as a job exchange platform

  • Sending emails to users § 5

  • the use of the personal advisory coach § 7

  • the "job rotator" forum § 8

  • participation in market research studies § 6

  • the granting of usage rights

  • the obligations of users

  • the liability of "Jobrotator"

 

 

§ 2 User, registration, "job rotator" password, user account

 

(1) "Jobrotator" services can only be used by natural persons and legal entities with unlimited legal capacity. As a rule, prior registration with "Jobrotator" is a prerequisite for using the "Jobrotator" services.

 

(2) "Jobrotator" reserves the right to refuse registration or activation. There is no entitlement to registration and activation.

 

(3) Each user may only register once. Any surplus user accounts must be reported to "Jobrotator" immediately.

 

(4) Registration takes place on the "Jobrotator" website. The data requested during registration must be given completely and truthfully.

 

(5) As a rule, the user is notified of the registration and the activation of his self-chosen password ("Jobrotator" password) by email and can use the "Jobrotator" services after successful registration and activation.

 

( 6) Basic and Premium Account With registration, "Jobrotator" sets up a user account for the user. A public user profile is created, which shows the user's salutation, first name, surname and professional title in a directory on the "Jobrotator" website. The user can independently add further profile data, content and files to "Jobrotator". Each user can specify which of his data can be viewed to what extent publicly or by other "job rotator" users. When registering a premium account, the user is set up a basic account with extended services that are offered on the Jobrotator platform. 100% availability of the services is not guaranteed. The provider reserves the right to change or discontinue services. Users will be informed of this 14 days in advance. Extraordinary termination due to the changes will not be granted, as the notice period is only 14 days to the end of a month. s. Section 2 (11)

 

(7) "Jobrotator" offers the user the option of setting up a named or pseudonymised applicant profile. The data entered or uploaded as part of the applicant profile can be viewed by third parties (e.g. employers). These third parties can contact the user by email or using a form. The user can specify in his profile settings whether and to what extent the applicant profile is visible to third parties. The data entered or uploaded for a job advertisement as part of the online application process can be sent electronically by the user in order to apply for job advertisements that are displayed on the "Jobrotator" website.

 

(8) The user allows "Jobrotator" to save all profile data entered by him and all content posted by him until revoked by the user and to publish them taking into account the visibility setting selected by him. In particular, the user agrees that the profile data and files marked by him as "public" are displayed on the "Jobrotator" website without access restrictions and are therefore also available to third parties who do not have a "Jobrotator" account themselves. This accessibility can be revoked by the user at any time in his profile settings. Comments relating to content published on the "Jobrotator" websites are generally visible to the public. Here, however, the user has the option of choosing a pseudonym as the sender.

 

(9) The user further declares that he / she agrees that the profile data and the content marked as "public" can also be found by search engines and listed in search engines. The user can revoke the findability at any time in his profile settings. However, the user is aware that the display of profile data and content already listed in search engines can continue even after the settings in "Job Rotator" have been changed. Comments made by a user referring to content published on the "Jobrotator" website can generally be found by search engines.

 

(10) The user assures that he will only post photos of his person on "Jobrotator" which allow him to be recognized clearly and which correspond to his current appearance. The user ensures that the public reproduction of the photos he has transmitted is permitted on the "Jobrotator" websites. The transmission of photos or images of other or nonexistent people or other beings (avatars, animals, fantasy beings, etc.) is not permitted.

 

(11) Termination Every registered user is entitled to terminate his or her basic account registration for the future at any time. The user can delete his account himself at any time and it takes effect immediately. The termination of a premium account takes place at the end of the month with a notice period of 14 days. The termination can be sent by email to contact@jobrotator.com . The beginning of the notice period is the receipt by Jobrotator. There is no entitlement to a refund of the registration fee or a donation in the registration process.

"Jobrotator" can terminate the registration with one month's notice or terminate the usage relationship. A termination for an important reason remains unaffected. An important reason exists in particular if the user seriously violates these terms and conditions (e.g. incorrect information during registration, unauthorized disclosure of the "Jobrotator" password or misuse of the "Jobrotator" services), or withdraws or withdraws his consent to the processing of his data significantly restricts or violates applicable law in the context of the use of the "Jobrotator" services. The "job rotator" password remains activated as long and insofar as this is still necessary for the purpose of processing the contract. "Jobrotator" will delete users' personal data after the contract has been processed and if they are no longer required. The data protection declaration of "Jobrotator" applies.

 

(12) Right of withdrawal. Every user of premium accounts has a right of withdrawal for 10 days from the start of registration. The revocation takes place in writing, without giving reasons to contact@jobrotator.com . If a donation is made at the beginning of registration, there is no right to a refund. For a paid registration fee, we reserve the right to charge an amount of 50% of the registration fee for expenses and processing costs (currently no registration fee is charged, currently we only offer a small premium service with a donation of 5 chf. This for an indefinite period Time in the course of the start of the online platform. Should a change be made here, we will inform all registered users by email and adjust the terms and conditions. As of 10.2020) to be retained.

 

(13) Donation, registration fee and sponsorship contributions . At the moment there is no registration fee, we currently only offer a small premium service with a donation of 5 chf. This for an indefinite period in the course of the launch of the online platform. If a change is made here, we will inform all registered users by email and adjust the terms and conditions. As of 10.2020 The donation will be used for the further expansion of the Jobrotator platform and thus for the improvement of the services offered on the Jobrotator platform. Sponsorship contributions are used for the same purpose. Sponsor inquiries, however, by email to contact@jobrotator.com .

 

(14) Currency Due to the location of the platform, Switzerland, the donation and registration fee are shown in Swiss francs (chf). A payment in another currency, e.g. Euro (€) is of course possible. However, the conversion is carried out by the user's financial institution at the current daily rate.

 

(15) "Jobrotator" reserves the right to delete accounts, their users

  • are obviously not real people

  • have repeatedly violated these terms and conditions

  • are registered multiple times in the system

  • Have not used "Jobrotator" for more than 12 months

  • can no longer be reached at the email address you provided

"Jobrotator" will - as far as possible - inform the user in advance about the deletion by email.

 

(16) If a user enters into a contractual relationship with "Jobrotator" not as an entrepreneur within the meaning of § 14 BGB in the exercise of his commercial or self-employed professional activity (e.g. as a self-employed craftsman) but as a consumer within the meaning of § 13 BGB, his rights will be as a consumer not restricted by these terms and conditions.


§ 3 Use of data, data protection

"Jobrotator" gives data protection a high priority. The handling of personal data of users within the scope of this contract is detailed in the data protection declaration , the use of cookies is described in the cookie information . The user has extensive rights with regard to his data, which are detailed in the data protection declaration. "Jobrotator" only passes on personal data to third parties if the user has given his express consent beforehand.

By accepting these terms and conditions, the user consents to the use of his data, as detailed in the data protection declaration and the cookie information, within the meaning of Article 6, Paragraph 1, Sentence 1, Letter a) of the GDPR. This consent can be revoked in writing at any time.


§ 4 Use of the "Jobrotator" password, access

(1) The "Jobrotator" password enables the user to access the "Jobrotator" services and to protected areas of various websites and apps with a password ("Single Sign-on"). In order to be able to use this function, it is necessary to transfer pseudonymised personal data to which the user agrees by acknowledging these terms and conditions. Further details are set out in the data protection declaration.

(2) The scope of access to information and functions granted by the "job rotator" password depends on the occupation of the user and can vary depending on the occupational group of the user. If the user does not provide professional evidence, there are restrictions. Neither the registration nor the professional certificate entitle you to access all information and functions that are protected by the "job rotator" password.

(3) The scope of access to the "Jobrotator" website is based on the terms and conditions laid down here and the discretion of "Jobrotator", which is in the interests of an undisturbed interdisciplinary exchange.

(4) The scope of access to information offered by third parties who use the "Jobrotator" password protection is based on their terms of business and use. The user may have to settle any objections to the terms of use of a third party himself. The user has no right to "Jobrotator" forwarding complaints to an operator from external sites.

(5) The user is obliged to use his "job rotator" password exclusively for personal use and to protect it from unauthorized access by third parties. He is solely responsible for the consequences of unauthorized use. The user releases "Jobrotator" from all costs and claims by third parties that "Jobrotator" incurs as a result of a breach of these obligations.


§ 5 emails

(1) In order to be able to offer the "Jobrotator" password service free of charge to the user, all information relating, for example, to the user data, the password and the customer account of the user is communicated by email ("account email"). By accepting these terms and conditions, the user hereby declares their consent. You can only unsubscribe from account emails by canceling your registration with "Jobrotator".

(2) "Jobrotator" offers the user to be informed promptly by email about certain activities on the "Jobrotator" website - for example to follow a discussion, a job profile or another specific asset ("Alert emails") . These emails are only sent if the user triggers this on the "Jobrotator" website by clicking a button.

(3) "Jobrotator" informs the user regularly about news in the "Jobrotator" channels to which he has subscribed. In addition, "Jobrotator" sends a summary of this news by email ("Jobrotator News"). The "Jobrotator News" contain short readers and links to information currently published in the various channels as well as news that are edited by "Jobrotator". The compilation of the "Jobrotator" News is primarily based on user interests and by following and Unfollowing is influenced by "Jobrotator" channels and is therefore largely under the control of the user. In addition, the "Jobrotator News" may contain advertising marked as "Advertorial" as well as display advertising (banners, text links) or invitation notices for current surveys . The user agrees to the sending of the "Jobrotator News" by clicking on the acknowledgment of the notice above the registration button on the registration page.

(4) With the exception of account mails, the user can unsubscribe from all mail types mentioned under (2) and (3) by simply clicking on the "Unsubscribe" button in the mail footer (simplicity requirement) or by adjusting his mail settings in the user profile. In the case of "Jobrotator News", unsubscribing prevents all further mails of this type from being sent. In the case of "alert emails", unsubscribing only relates to the respective "followed" asset.


§ 5.1 bMails

(1) "Jobrotator" sends so-called bMails when it needs the attention of a user for its own concerns (e.g. presentation of new functions, in-house studies) or the interests of third parties (e.g. product information, product advertising, invitation to market research studies). They have the note "" Jobrotator "bMail" in the subject. In contrast to the emails mentioned under § 5, the user can receive a small expense allowance on his "Jobrotator" customer account (§ 10) for receiving "Jobrotator" bMails. It compensates for the work and infrastructure that the user incurs by maintaining an Internet connection and receiving bMails.

(2) The user consents to receiving bMails by actively clicking the corresponding check box during registration. Alternatively, the user can give his consent after registration by adjusting his mail settings in the user profile. bMails can have the following content:

- Information on websites related to new occupations, eg websites with a "Job Rotator" login

- Invitations to market and opinion research studies

- Services of the "Jobrotator" portal, eg new web services or functions of "Jobrotator"

- Job advertisements from employers

- Presentation of products from the "Jobrotator" shop (advertising and download offers)

- Selected product and service information from industrial partners (advertising)

(3) As part of "Jobrotator" bMail, an expense allowance is only paid for emails that have been opened by the user and acknowledged by clicking on a link at the end of the email. After receiving a "job rotator" bMail, the user has a maximum of 14 days to acknowledge the email. After that, the confirmation link is invalid.

(4) The user has the opportunity to donate his expense allowance to a non-profit organization. Since the amounts involved are small, donation receipts cannot be issued for organizational reasons.

(5) The user can unsubscribe from bMails by simply clicking on the "Unsubscribe" button in the mail footer (requirement of simplicity) or by adjusting his mail settings in the user profile. There is no differentiation according to the respective content, but the sending of all bMails is stopped. A new subscription is possible via the mail settings in the user profile.


§ 5.2 inMails

(1) "Jobrotator" offers the user as a service the sending and receiving of messages on the "Jobrotator" platform ("inMail"). Users or channels can be used as senders and receivers. The requirement for sending inMails to other users is that two users follow each other. inMails remain in the user's mailbox on the "Jobrotator" platform. If desired, the user can be informed about incoming inMails by "alert emails".

(2) The user agrees that "Jobrotator" not only sends the personal messages of other users and messages from channels but also the content mentioned under §6 (2) to his inMail mailbox. In this case, "Jobrotator" will not be reimbursed for expenses, since "Jobrotator" fully provides the necessary infrastructure.


§ 5.3 b2bMails

(1) Users of “Jobrotator” offer all professional groups the sending of so-called b2bMails instead of bMails. Among other things, b2bMails provide information about the possibilities to advertise products and services on "Jobrotator" or to carry out market research studies with "Jobrotator".

(2) The user consents to receiving b2bMails by actively clicking the corresponding check box during registration. Alternatively, the user can give his consent after registration by adjusting his mail settings in the user profile. No expense allowance for receiving b2bMails is granted.

(5) The user can unsubscribe from b2bMails by simply clicking on the "Unsubscribe" button in the mail footer (requirement of simplicity) or by adjusting his mail settings in the user profile. A new subscription is possible via the mail settings in the user profile.


§ 6 Market Research

(1) As part of "Jobrotator Research", "Jobrotator" offers the user voluntary participation in scientific studies for the purposes of market, opinion and social research ("market research"). In order to participate in studies, registration at "Jobrotator" not required. Users who are registered with "Jobrotator" receive invitations to surveys if they have consented to receiving bMails (see § 6) or through information on the "Jobrotator" website. Users who are not registered with "Jobrotator" are recruited via alternative recruitment channels, taking into account data protection and market research guidelines (e.g. via partner institutes, on the basis of address lists suitable for market research, etc.). The studies are usually carried out in the context of online surveys, in individual cases combined personal interviews, e.g. via video telephony, in the studio or telephony.

(2) The relevant participants for a study are determined taking into account the study design, for example by drawing a random quota sample from the "Jobrotator" user database or other address directories, possibly also in combination. In addition, the group of participants may be restricted in contract market research, which is due to the specific requirements of the respective client. A high degree of representativeness is essential for conducting scientific studies. In order to give all relevant study participants in a random sample the chance to take part in surveys, "Jobrotator" Research uses different channels to invite surveys and to remind them to participate during the field phase.

1. Invitations by bMail, provided the user has agreed to receive them (see § 6)

2. Invitation by e-mail ("Alert-Mail"), provided that the user follows the "Jobrotator" Research channel
(see § 5)

3. Notes on the "Jobrotator" website or in the "Jobrotator" news

4. Invitations based on the client's address lists (by post or email)

5. Invitations from partner institutes

The aim is to give all people identified by means of a random sample the chance to take part in the study and thus achieve the highest possible, representative response rate.

(3) The user cannot receive any expense allowance for properly participating in "Jobrotator" market research studies. If the user is invited to the study by a partner institute, the conditions of the respective partner institute apply to the processing of the expense allowance.

(4) Each user is only entitled to participate once per survey.

(5) Participation in surveys by "Jobrotator - Research" is basically voluntary and anonymous in compliance with the data protection provisions of the survey provider

 

 

§ 7 personal advice via email and live chat

Personal e-mail advice is available with a premium account

(additional costs apply here) possible. The advice is given to the best of our knowledge and belief. Legal questions cannot be answered.

The e-mail function and / or live chat from Tidio is used for advice.

Advice is only given by prior appointment

Liability for incorrect or insufficient advice is excluded.

 

§ 7.1 Tidio Live Chat

We have integrated the TidioChat application (live chat software from Tidio Ltd. 220C Blythe Road, W14 0HH, London, Great Britain) on our website. By using this website you automatically use the services of TidioChat. The data collected includes: chat history, IP address at the time of the chat, browser information and country of origin.

To avoid the storage of TidioChat cookies, you can set your Internet browser so that cookies can no longer be stored on your computer in the future or cookies that have already been stored are deleted. However, switching off all cookies may mean that some functions on our website can no longer be carried out. You can object to the collection and storage of data for the purpose of creating a user profile at any time with effect for the future by sending us your objection informally by email to the email address given in the legal notice.

The purpose and scope of the data collection and the further processing and use of the data by TidioChat as well as your related rights and setting options for the protection of your privacy can be found in the data protection information of Tidio Ltd .: https://www.tidiochat.com/en/privacy-policy .

 

§ 8 forum

Terms of Use

 

Paragraph 1 Scope

The following conditions apply to the use of the “Jobrotator” forum (hereinafter referred to as “provider”).

The use of the forum is only permitted if you as a user accept these terms of use.

Paragraph 2 Registration, conclusion of contract and subject matter

1. Registration via the corresponding online form is a prerequisite for using the forum. After registering using the online form in the forum, you will receive a confirmation email to verify your data, with which you can confirm your registration with a click of the mouse. With the activation of your account by the provider, the free forum usage contract comes into effect (conclusion of contract).

2. The subject of the contract is the free use of the functions of the forum as an online communication platform. For this purpose, you as the user are provided with an "account" with which you can post posts and topics in the forum.

3. In principle, there is no legal right to activation or participation in the forum. The operator's unrestricted domiciliary rights apply.

4. Your forum account may only be used by you. As the owner of the account, you are also responsible for protecting against misuse. Your access data must therefore be protected against access by third parties. The use of trademarked words and internet addresses as username (nickname) is not permitted.

5. The provider will endeavor to offer the service as uninterrupted as possible. Even with all due care, downtimes cannot be ruled out in which the web server cannot use the Internet due to technical or other problems that are beyond the control of the provider (third-party fault, force majeure, attacks on the infrastructure by hackers, etc.) is available. The user acknowledges that 100% availability of the website is technically not feasible.

6. The provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces if this does not impair the fulfillment of the purpose of the contract concluded with the user, or only marginally. The provider will inform the user about the changes accordingly.

7. The purpose of the forum is a "market of opinions" aimed at the public. Therefore, a peaceful and respectful interaction without offensive hostility should be maintained among the users.

Paragraph 3 Obligations as a forum user

1. As a user, you undertake that you will not publish any contributions that violate these rules, common decency or any other applicable German law. In particular, you are prohibited from

  • Post offensive or untrue content;

  • Send spam to other users through the system;

  • to use legally protected content without authorization, in particular by copyright and trademark law;

  • engage in anti-competitive acts;

  • Post your topic several times in the forum (prohibition of double postings);

  • To publish third party press articles in the forum without the consent of the author;

  • To advertise in the forum without the express written permission of the provider. This also applies to so-called surreptitious advertising such as linking your own homepage with or without text in the signature or within contributions. Homepage URLs and address or contact details may only be published in the forum's user profile.

2. As a user, you undertake to check your contributions and topics before publishing them to ensure that they contain information that you do not want to publish. Your posts and topics can be recorded in search engines and thus be accessible worldwide. A claim to the deletion or correction of such search engine entries against the provider is excluded.

3. In the event of a violation, in particular against the aforementioned rules § 3 Paragraph 1 and 2, the provider can also impose the following sanctions on the user regardless of termination:

  • Deletion or modification of content that the user has posted,

  • Issuing a warning or

  • Blocking access to the forum.

4. Should third parties or other users make use of the provider because of possible legal violations, which a) result from the content posted by you as a user and / or b) result from the use of the provider's services by you as a user, you undertake as User to exempt the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred due to the possible legal infringement. In particular, the provider is released from the costs of the necessary legal defense. The provider is entitled to demand an appropriate advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in legal defense against third parties. All further rights and claims for damages from the vendor are not affected. If you as a user are not responsible for the possible legal violation, the aforementioned obligations do not apply.

Paragraph 4 Transfer of usage rights

1. The copyright for your topics and contributions, insofar as they can be protected by copyright, remains with you as the user. However, when you post a topic or contribution, you grant the provider the right to keep the topic or contribution permanently on its website. In addition, the provider has the right to delete, edit, move or close your topics and posts.

2. The aforementioned rights of use remain in effect even if the forum account is terminated.

Paragraph 5 Limitation of Liability

1. The provider of the forum assumes no liability for the content posted in the forum, in particular not for its correctness, completeness and topicality.

2. The provider is liable for intent and gross negligence as well as for breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. The provider is liable, limited to compensation for the typical contractual damage that was foreseeable at the time the contract was concluded, for damage that is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider is not liable for slightly negligent breaches of secondary obligations that are not essential contractual obligations. Liability for damage that falls within the scope of a guarantee or assurance given by the provider, as well as liability for claims based on the Product Liability Act and damage resulting from injury to life, limb or health, remains unaffected.

Paragraph 6 Duration / Termination of the Contract

1. This agreement is concluded for an indefinite period.

2. Both parties can terminate this agreement without notice.

3. If the user deletes his account or has it deleted (termination of the contract), his public statements, in particular posts in the forum, remain visible to all readers, but the account can no longer be accessed and is marked with "guest" in the forum. All other data will be deleted. If the user wishes their public contributions to be deleted too, they should inform the provider of this when they wish to delete them.

 

Source: forum rules from Juraforum.de


§ 9 Upload of files, granting of usage rights

(1) Users have the option of posting and uploading various content ("assets") on the "Jobrotator" website, as well as exchanging information with other users. These include photos, microphotographs, images from medical imaging processes, 3D images, graphics, charts, animations, videos, text documents, scientific papers, presentations and other forms of digital content. "Jobrotator" will use such assets from users within the framework of the "Jobrotator" services for various purposes and make them available to other users.

(2) When posting assets on the "Jobrotator" website, the user is obliged to observe the rights of third parties, in particular personal rights, copyrights and trademark rights. Assets that violate these rights may not be discontinued. "Jobrotator" is not responsible for compliance with these obligations by the user and is not liable for them. The user is responsible for making the desired / correct rights settings (e.g. CreativeCommons for Flexikon, commercial use, etc.) and visibility settings when uploading / integrating content.

(3) The user is also obliged to check whether they contain the personal data of the user or third parties before adding assets. The user undertakes to carefully check each asset in advance to determine whether and to what extent data / texts / images / videos etc. are alienated in such a way that no conclusions can be drawn about third parties, affected persons (in particular users / study participants, etc.) and their data protection rights cannot be violated. If the user deliberately or inadvertently publishes their personal data in an asset that is publicly accessible to certain user groups, "Jobrotator" cannot be held liable for this.

(4) In order to enable the operation of the "job rotator" services and the interaction and dissemination of user assets in the manner described above and to enable a lively platform for subject-specific and interdisciplinary exchange via the "job rotator" services, the "Jobrotator" user to use the asstes set by him as part of the "Jobrotator" services within the "Jobrotator" services and to edit them at any time without consent, in particular to shorten, summarize or rearrange them. For this purpose, the user grants "Jobrotator" all necessary rights to the assets and their processing, in particular all necessary copyright usage rights, personal rights (insofar as this is legally permissible), trademark rights, etc., free of charge. This granting of rights also applies if the user no longer uses his account or deletes it. The above rights include, in particular, the right to make the content and adaptations publicly available, to reproduce and distribute them and to sublicense and transfer them to third parties. The user renounces naming the author or declares that he has obtained such a waiver from third parties, if necessary.

(5) Users have the option of choosing whether the content they contribute is published under a "Creative Commons" license (this content is also referred to below as "CC content"). If this option is selected, "Jobrotator" is also fully entitled within the framework of the Creative Commons license to use, adapt, edit and evaluate this content for its own purposes - both commercially and non-commercially and without " Jobrotator "is obliged to pay remuneration for this (and not even in the case of use as described in § 11 paragraph 8)

(6) Regardless of whether content is posted as CC content on the platform, "Jobrotator" is entitled to use all user content in particular (but not exclusively) as follows within the "Jobrotator" services and to make it publicly accessible / to play:

  • for the personalized news stream ("River") of the users on the "Jobrotator" website

  • for republication in "Jobrotator" channels and the emails they feed ("Jobrotator" News ")

  • for the display in the "Jobrotator" media viewer

  • for internal "job rotator" measures as part of the design of the "job rotator" services (e.g. illustration of search fields and topics)

  • for other "job rotator" services (Flexikon, Shop, Apps) for which it makes sense to use the content

  • for CME modules and free eLearning offers

(7) If "Jobrotator" intends to use content that has not been set as CC content - for paid products within the "Jobrotator" services or outside the "Jobrotator" services for its own or third-party purposes, "Jobrotator" Conclude a corresponding agreement with the user on this, which in particular grants adequate financial compensation for the granting of the rights of use (e.g. via an author contract)

(8) "Jobrotator" will - as far as possible - forward license requests from third parties about content in the "Jobrotator" services to the user. Unless otherwise agreed, the user then negotiates the details and conditions directly with the third party. "Jobrotator" is neither a contractual partner of the user nor of the third party in this context, nor is it an agent of one of the parties. "Jobrotator" will endeavor - as far as possible - to mediate between the parties, if necessary. However, "Jobrotator" reserves the right to set up an offer for the mediation of license rights in the future, for which an agency fee will be charged.

(9) For content that the user contributes to the "Jobrotator" service "Forum" or posts there, special provisions apply, which can be accessed at Jobrotator.com/forum:Terms of Use . The user accepts this at the latest when placing the first contribution in the "forum".

(10) The user permits "Jobrotator" to place advertisements and / or to carry out other promotional measures or to have them carried out in the context of the content made publicly available. In addition, the user allows "Jobrotator" to use the content posted by him for advertising purposes outside of the "Jobrotator" services, regardless of whether this was posted as CC content or not.

  1. "Jobrotator" is entitled to block and delete content, in particular those that violate the conditions of § 11 clauses 2 and 3, which have a commercial / promotional character (e.g. to advertise a product), legal or professional or press regulations violate, make scientifically untenable or misleading statements, are immoral or insulting content or can harm "Jobrotator".

 


§ 10 user obligations

(1) The "job rotator" services are made available to employed persons in all industries and in part for study purposes. Restrictions in access and in the possibilities of use result in particular from the respective professional group of the user and in accordance with the applicable legal regulations. The user is prohibited from using "Jobrotator" services for commercial purposes without the express consent of "Jobrotator" outside of the contractual purpose, ie outside of the "Jobrotator" services granted. In particular, access may not be resold, made available to third parties free of charge or against payment, or used in any other way directly with the intention of making a profit.

(2) The user undertakes to ensure that uploaded data does not contain any malicious code (viruses, etc.). "Jobrotator" can delete virus-infected data without the user being entitled to any claims. Furthermore, the user will not upload any illegal or otherwise inadmissible content (e.g. advertising, racist statements or pornography).

(3) The user undertakes to declare content that may be subject to the provisions of various laws (e.g. labor law) in such a way that "Jobrotator" can guarantee that it is only available to the group of people defined by the "Jobrotator" (registered and linked users)) to make accessible.

(4) The user undertakes not to direct any personal attacks against other users in "Jobrotator" services and to respect the opinions of other users ("netiquette").

(5) The "Jobrotator" services are not an archive system for user data. Uninterrupted and permanent availability of the systems is therefore not guaranteed. "Jobrotator" does not always make backup copies of data that is transmitted to "Jobrotator" as part of the "Jobrotator" services, so that the user has to protect himself sufficiently against any loss of data. It is not recommended to use the "Job Rotator" services as the only location for storing data.

(6) The user may only use the "Jobrotator" services and the associated services as intended and only within the framework of applicable law and these terms and conditions, and may not commit any legal violations by using the services and / or using the services of "Jobrotator". The user is solely liable for any violations of the law committed by him.


§ 11 Prohibited activities in the context of the "job rotator" services

(1) The user is prohibited from the following activities or actions within the scope of the "job rotator" services:

a) Sending chain letters,

b) Sending identical private messages to several users at the same time,

c) Implementation, promotion and promotion of structural sales measures (such as multi-level marketing or multi-level network marketing) or

d) suggestive or sexual communication (explicit or implicit),

e) Use of mechanisms, software or scripts in connection with the use of the "Jobrotator" websites. The user may, however, use the interfaces or software made available to him by "Jobrotator" as part of the services offered on the "Jobrotator" websites.

f) Automated reading and storage of user data - even if they are publicly accessible.

g) Blocking, overwriting, modifying, copying, insofar as this is not necessary for the proper use of the services of the "Jobrotator" websites. Copying by means of "robot or crawler" search engine technologies is z. B. not necessary for the proper use of the services of the "Jobrotator" websites and therefore expressly prohibited.

h) Dissemination and public reproduction of content from the "Jobrotator" websites or from other users,

i) any action that is likely to impair the functionality of the "job rotator" infrastructure, in particular to overload it.

(2) For individual "Jobrotator" services, their own general terms and conditions may apply, which then become valid in addition to the terms and conditions at hand when the user makes use of the corresponding service.


§ 12 Legal guarantee / indemnification / liability of the user

(1) The user is fully responsible for all content that he posts in the "job rotator" services. "Jobrotator" only makes the "Jobrotator" forum available to the user as a platform and does not adopt the content as its own. The user assures that he has full access to this content, that it is not illegal and that he is particularly entitled to grant the rights of use to "Jobrotator" as defined in § 11. He guarantees that he will not violate any third party rights and that he has obtained all necessary rights and consents from third parties. He exempts "Jobrotator" from all claims by third parties that they raise against "Jobrotator" with the assertion that the content / behavior / actions of the user violate their rights, unless the content has been changed by "Jobrotator" and the Asserted claims are based solely on this change by "Jobrotator". This includes the reasonable cost of legal defense. The above regulation applies accordingly in cases of official claims.

(2) If the user detects a violation of the law, there is an obligation to inform "Jobrotator" immediately.


§ 13 Availability of the "job rotator" services

(1) "Jobrotator" endeavors to ensure high availability of the "Jobrotator" services, but does not guarantee availability.

(2) "Jobrotator" reserves the right to limit the services it offers and the functions associated with them at any time without giving reasons or to discontinue them entirely, e.g. for technical or economic reasons. Significant planned changes / restrictions of the functions will be announced in good time in advance. A lead time of 14 days is allowed here.


§ 14 contracts between "Jobrotator" users and with third parties

(1) "Jobrotator" does not participate in the communication between users. If the users conclude contracts with one another or with third parties via the "Jobrotator" services, "Jobrotator" is not involved in this and therefore does not become a contractual partner and in this context is also not the vicarious agent of the users or third parties towards the users. The users and third parties are solely responsible for processing and fulfilling the contracts concluded with one another.

(2) "Jobrotator" is not liable if there is no contact between the users and third parties via the "Jobrotator" services in connection with such a contract. "Jobrotator" is also not liable for breaches of duty by users and third parties arising from contracts and contract initiation concluded between users and with third parties.

(3) In particular, the respective users and third parties are solely responsible for the content of the job offers and profiles created by users and third parties at "Jobrotator" Jobs. "Jobrotator" only acts passively as a messenger of the information and does not check the accuracy of the information. The user is obliged to ensure that his information and the information he has posted by third parties is truthful and does not violate any laws or rights of third parties.


§ 15 Liability of "Job Rotator"

(1) According to the statutory provisions, "Jobrotator" is only partially liable for damage caused by intent or gross negligence on the part of the legal representatives or executive employees of "Jobrotator" or by serious organizational negligence or the lack of guaranteed properties. In addition, regardless of the legal basis, "Jobrotator" is only conditionally liable for damage caused by culpable breach of an essential contractual obligation by legal representatives or senior employees of "Jobrotator". An essential contractual obligation in this sense is an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance the user can regularly rely.

(2) "Jobrotator" is not liable for damage, including indirect damage and consequential damage, such as lost profit, lost job, personal damage that the user incurs ....

a) through incorrect reproduction of user-controlled information, such as advertisements, profile representations or product presentations

b) through improper functioning of "Jobrotator" services

c) due to incorrect data transfer and printer control as well as data loss or

d) otherwise in connection with the use of "job rotator"

even if this damage is based on willful or grossly negligent behavior on the part of the legal representatives or senior employees of the "job rotator".

(3) In the case of Paragraph (1) Clause 2, the liability of "Jobrotator" is limited to the typical damage caused by the respective service, which "Jobrotator" had to expect when the contract was concluded due to the circumstances known to it at that time. "Jobrotator" is not liable for a lack of economic success, lost profit, lack of savings, indirect damage, consequential damage and claims by third parties.

(4) Subject to special regulations, "Jobrotator" is only liable for the loss of data and its restoration if such a loss could not have been avoided through appropriate data backup measures on the part of the customer and insofar as the data from data material that is kept ready in machine-readable form is reasonable Effort can be reconstructed.

(5) "Jobrotator" also assumes no liability for the fact that the user does not violate legal provisions, such as the Act against Unfair Competition (UWG), the Telemedia Act (TMG), in the event of the use of "Jobrotator" services Trademark law (MarkenG) or other provisions, violates.

(6) Transmission paths on the Internet are not secured against unauthorized access by third parties. This means that technically well-versed participants on the Internet have the opportunity to access, read and edit external data. The user bears the risks associated with the transmission path and accepts that this transmission path cannot guarantee complete secrecy of the data / information transmitted. Insofar as the user has the opportunity to provide / publish content within the "Jobrotator" services, it is therefore urgently recommended not to disclose any data / information or the like that require confidentiality. publish or transmit via the "Jobrotator" services, which for legal or contractual reasons may not be disclosed to third parties under any circumstances. "Jobrotator" assumes no liability for the consequences of any access by third parties.

(7) "Jobrotator" assumes no liability for events and circumstances beyond their control; this applies in particular to the services of Deutsche Telekom, Swisscom and other service providers, to the functionality of routers outside the "Jobrotator" network and to the condition of the fiber optic network.

(8) The user or third party concerned is solely responsible for the content of individual websites compiled by users or otherwise recognizable by third parties, in particular for the content of websites to which "Jobrotator" only creates a link. "Jobrotator" does not check content for completeness and correctness or for compatibility with professional law. Furthermore, "Jobrotator" is not liable for content that is provided by users via the "Jobrotator" services - neither for its accuracy and timeliness, its legality nor for the existence of the rights of use to this content. In the event that a user violates the rights of study participants - in whatever form - and this is pointed out to "Jobrotator", "Jobrotator" will immediately delete the corresponding content and exclude the user from using "Jobrotator". As part of the professional exchange via the "Jobrotator" services and for the content that can be accessed via the "Jobrotator" services - regardless of the type, including the flexicon - "Jobrotator" cannot guarantee the content of the public and non-public Communication are taken over. "Jobrotator" does not check the content and scientific presentations. Despite all the care taken when examining evidence according to § 2 number 1, the existence of a professional qualification of users cannot be guaranteed. It is up to each user to critically examine the content of other users and, in particular, to assess scientific findings on their own responsibility. The relevant professional and statutory provisions apply.

(9) The aforementioned limitations of liability also apply mutatis mutandis in favor of the employees and agents of the "job rotator". Liability for damage caused by such employees and agents is limited to the typical damage caused by the respective services, even in the case of intent and negligence, which "Jobrotator" had to expect when the contract was concluded due to the circumstances known to it at that time. "Jobrotator" is not liable for damage caused by negligent breaches of a non-essential contractual obligation by an employee or agent of "Jobrotator". An essential contractual obligation in this sense is an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance the user can regularly rely.

(10) The aforementioned exclusions of liability and limitations towards entrepreneurs or consumers do not apply in the case of the assumption of express guarantees by "Jobrotator" and for damage resulting from injury to life, limb or health as well as in the case of mandatory legal regulations.


§ 16 Copyright, license and trademark rights

(1) The design of this website and the texts, images, graphics, layouts, sounds, animations, videos and databases contained therein are protected by copyright or are subject to other laws for the protection of intellectual property. Unless otherwise indicated, you are entitled to the "Walters Job Rotator".

(2) The offer on this website may not be interpreted in such a way that a license or the title to a copyright, patent, trademark or other property right of "Walters Jobrotator" or a third party would be transferred tacitly, by estrangement or in any other way .

(3) Unless otherwise stated, all trademarks used on the "Jobrotator" website are protected by trademark law. This is especially true for company logos and labels.

  1. The term and the symbol "Jobrotator" are protected by various registered word and image marks.


§ 17 Choice of law / changes to the terms and conditions / place of jurisdiction

(1) The processing of the "job rotator" services as well as these terms and conditions are subject to Swiss law to the exclusion of conflict of laws. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded.

(2) "Jobrotator" reserves the right to change these terms and conditions at any time. "Jobrotator" will immediately notify all users of the change. If the user does not object to the change to the terms and conditions within one month of receipt of the notification of change, the changed terms and conditions are deemed to have been accepted by the respective user. "Jobrotator" will specifically inform users of this consequence of their behavior in connection with a change in the terms and conditions in the change notification.

(3) Insofar as the user is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the place of fulfillment and jurisdiction is Lucerne / Switzerland. "Jobrotator" reserves the right to take legal action at the user's general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

 

 

 

Status: 10/2020

 

 

 

 

 

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