General terms and conditions for the internet service PrepLounge as amended on 01 May 2012.

§ 1 General

  • These General terms and condiditions (hereafter referred to as the "Terms of Conditions") for the Internet service PrepLounge (hereafter referred to as the "Internet Service") govern the conditions under which PrepLounge provides the User with this internet-service and accepts the User as a member.
  • The Terms of Conditions can be viewed at any time on the personal welcome page. The Registration and use of the Internet Service is only allowed if the User has accepted the present Terms of Conditions.

§ 2 Registration and Membership

  • The User becomes a member of the Internet Service with the registration.
  • The User has to declare an individual e-mail adresse and password as well as further data specified in the privacy policy The e-mail address and password limit the access to the Users personal User profile (see also § 6 below). The User appears with his first name, if applicable with his full name, to third parties on the internet service.PrepLounge reserves itself the right to delete information (e-mail address, first name, last name, etc.) and/or to demand their immediate change if they are unlawful, pornographic, racist, misleading or offensive, or violate rights to a name, trademark rights other rights.
  • The User is obliged to provide his real name (no pseudonyms or pen names) and all other personal data within the registry - unless they are marked as optional information - truthfully and completely. The truthfully specification of the e-mail address will be verified by an activation link, that is sent to the given e-mail address.
  • The User is obliged to update his name or e-mail address without delay in case of later changes.
  • PrepLounge has the right to refuse the registration of Users.
  • The membership can be terminated without notice by both PrepLoung and the User for any reason.
  • Each User may register only once and create only one User profile. The User profile is intended for personal use by the User only and the login and password may not to be passed on / given to third parties. If PrepLounge has refused the registration or terminated the membership, a new registration is not permitted.

§ 3 Offers of the Internet Service

  • PrepLounge provides the User via the internet service with information, means of communications, entertainment services and other services (hereafter referred to as the "Content"). This content can be content from PrepLoung or third-party content, to which PrepLounge provides access. The use of the Internet Service is partly free. PrepLounge tries to provide the highest possible availability of the internet service. However an entitlement to constant accessibility does not exist.
  • PrepLounge does not guarantee the completeness of the content and the accuracy and currentness of on the internet service provided information . Third parties are accounted for content posted by them. PrepLounge cannot and will not review the completeness and correctness of their content. PrepLounge is not liable for any loss or damage caused by the use of this material, unless PrepLounge is responsible for it. This applies to the content of other internet services, to which PrepLounge referred with a link.
  • PrepLounge checks the compliance with the terms and the provisions of the law as well as the observance of rights of third parties by constant monitoring of the posted content. If a violation of these provisions comes to the attention of PrepLounge, the relevant contents are changed or removed immediately. However PrepLounge is not capable to limit the behavior, communication or content that may violate the Terms of Conditions or the legal requirements before it is published on the internet service.
  • PrepLounge is not liable for goods and/or services offered by third parties to the Users of the Internet Services. PrepLounge does not control any of the consequential business, that take place. These deals are only made between third parties (providers) and the User. All claims arising from such transactions are therefore directed exclusively against the provider.
  • PrepLounge reserves itself the right to make restrictions, changes and to cease the provision of the internet service for any reason without notification of the User.
  • PrepLounge reserves itself the right to make changes in a period of 2 weeks with respect to the guidelines that ensure the continued functioning of PrepLounge.The guidelines cover in particular the ratio of the number of interviews as interviewee and accordingly as interviewer.

§ 4 Implementation of content by the User

  • By posting any content on the internet service, the User grants PrepLounge an unrestricted and transferable right of use on the respective content. PrepLounge is entitled to use the content worldwide, especially for long-term provision, publication on the Internet and other online networks, including websites of partners, and commercialisation of these services. PrepLounge is also entitled to transfer the contents to data storage mediums and printed as well as online available publications and to merchandise them.
  • PrepLounge also has the right to edit, shorten or delete the submitted content. PrepLounge is particularly entitled to remove content that violates the Terms and Conditions, the statutory provisions or good taste. A right for the User of publication or permanent storage of content does not exist.
  • The User guarantees with the implementation and distribution of content, which is subject to property rights (eg copyrights), that the holder of the rights has granted him all necessary rights or that he is the owner of these rights. The User is obliged not to violate property rights of PrepLounge or of third parties.
  • The User agrees not to make content available and accessible through links or other ways that are illegal, racist, libelous, unconstitutional, obscene, abusive, pornographic or offensive or may be viewed as such.

§ 5 Indemnification by Users

  • The User will without prejudice to any further claims and rights indemnify PrepLounge of all claims made by third parties against PrepLounge, including the costs of any reasonable legal defense and other reasonable costs, for any infringement of their rigths by content posted by the User on the internet service. The indemnification covers particularly injunctive reliefs and removal claims, claims for damages, reimbursement of expenses and unjust enrichment.
  • If third parties make claims within the meaning of § 5 paragraph 1 above against PrepLounge, PrepLounge is obliged to inform the User immediately. The User is allowed to represent and defend his rights himself, in particular to lead a lawsuit by himself. A User can accept a comparison that is reached without his consent only so far as the closed claims are justified by comparing evidence.
  • The indemnification shall not apply if the User is not responsible for the infringement.
  • The indemnification shall also be entitled to the employees, representatives and vicarious agents of PrepLounge if such claims are asserted against them.

§ 6 Contract period, termination of the contract, redemption of advance payments

  • The User can terminate the free membership without notice for any reason. The contract may be terminated at any time by the at PrepLounge registered e-mail address. At the termination the registered e-mail address of the User has to be specified.
  • An important reason for PrepLounge is present when the continuation of the contract until the end of the premium membership is not reasonable for PrepLounge, taking into account all circumstances of the case and weighing the interests of PrepLounge and the User. Good reasons include the following events:
    • Non-compliance with legal prescriptions by the User,
    • breaches by the User of contractual obligations
    • if the reputation of the services offered by PrepLounge would be compromised by the presence of the User (for example, if it is discovered, after registration, that the User has been found guilty of a criminal act and that this judgement is known to other Users);
    • if the User promotes associations or collectives, or their methods and activities, that are being monitored by the security or youth protection authorities or if the User causes damage to one or more other Users or
    • if the User is a member of a sect or other disputed religious community.
  • In the event of a good cause in accordance with section 2. and notwithstanding PrepLounge's right to terminate the contract in accordance with section 2, PrepLounge is entitled to:
    • Delete the contents posted by the User;
    • Issue a warning, or;
    • Block the User's access to the services on the PrepLounge-websites.
  • The claim of the User on refund of already made advance payments is ruled out in the following cases:
    • PrepLounge has terminated the contract for good cause according to section 2.
    • PrepLounge has blocked the User's access according to section 2. or
    • if the User has terminated the contract. The claim of the User on the refund of already made advance payments is however not ruled out if the User terminates the agreement due to an important reason for which PrepLounge is responsible.

§ 7 Non-disclosure of the access information by the User and liability for third party use

  • The User must keep his password secret.
  • PrepLounge adverts the User to the fact, that third parties have full access to the Internet Service under the identity of the User, to his data and therefore have the possibility to abuse, if they correctly enter the login (e-mail adresse) and the password.The password should be well chosen and changed from time to time (we recommend regular intervals of 3 months). The password should onsist of a minimum of 8 characters and in addition to uppercase and lowercase letters it should also contain numbers and special characters, In particular the date of birth and words that can be found in the dictionary are considered as unsafe.
  • The User is obliged to instruct PrepLounge without delay on any abusive use of his password or User account and on each separate infringement of safety regulations (for example at loss of login and password). The User acknowledges that a blocking of the login can only take place from the time when these facts came to the attention of PrepLounge.
  • The User shall be liable for all damage arising as a result of unauthorized use of the Internet Service with his password by third parties, unless PrepLounge is responsible for such damage. He is liable for all claims of any sort resulting from activities that were carried out under his login and password prior to the termination of his membership or blocking of his login, unless PrepLounge is insofar culpable of default.

§ 8 Other obligations of the User

  • The User is obligated to meet the terms and conditions without restrictions at all times as well as to observe the rights of third parties and legal requirements during all activities while using the Internet service.
  • The use of the Internet Service for commercial purposes is not permitted unless it is granted by PrepLounge with a written permission. This restriction does not apply to areas of the offer, which explicitly allow and/or need a commercial use (for example advertisements, shopping mall, etc.).
  • The User commits himself that he does not manipulate the Internet Service itself or content, that is made accessible via the Internet Service. He also commits himself to refrain from any behavior that interferes with the use of the Internet Service by other people.
  • PrepLounge reserves itself the right, without prejudice to other rights, to assert claims for damages and reimbursement of expenses, including loss of profit and the cost of removing the manipulation or other violations, if violation of the Terms of Conditions as manipulation of the Internet Service or unauthorized commercial use occurs. If commercial use occurs, the User is required to pay a reasonable standard fee.

§ 9 Privacy policy

  • The sensitive and responsible management of the personal data of all its members is a matter of extreme importance to PrepLounge. PrepLounge complies with all relevant legal data protection regulations such as the German data protection laws and European data protection directives. The type and extent of the processing of personal data are regulated by the privacy policy.
  • Prior to the use of PrepLounge the User is requested to attend to the nature and extent of the processing of personal data according to the privacy policy, and to approve the use, as far as it is necessary.
  • By registering for the Internet service the User agrees to that his e-mail adresse will receive a newsletter and other e-mails concerning the Internet Service. This consent may be revoken at any time by the User.
  • The User has the right to revoke his consent to the use of his personal data without notice for any reason, without incurring other costs than the pure cost of transmission.
  • The User has access to the privacy policy from every side at any time.

§ 10 Liability of PrepLounge

  • PrepLounge is only liable under existing laws, regardless of the legal basis (prior to the contract, contractual, non-contractual) only if the damage was caused by gross negligence or willfull intent of PrepLounge. If PrepLounge should provide services available for a fee, it is also liable for ordinary negligence in the case of breach of fundamental contractual obligations. The limitation of liability does not apply in the event of harm to life, body or health. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. Furthermore, all liability is excluded.
  • Except for all cases required by law neither PrepLounge nor the with PrepLounge related companies are liable for damages that may arise from the use of the on the Internet Service available content or other types of use of the Internet service. This also applies to damage caused by errors and/or problems with Internet Services, viruses or data loss. § 9 No. 1 shall apply mutatis mutandis.
  • Except for willful intent and gross negligence, PrepLounge is only liable up to the amount of the typically foreseeable damages at the time of entering into the contract.

§ 11 Changes of Terms of Conditions

  • PrepLounge reserves the right to change the Terms of Conditions in whole or in part at the discretion of itself. Any changes or amendments shall be communicated to the users by e-mail two weeks before they come into effect at the latest and will also be announced on the user's personal homepage of the Internet Service and via the internal mail service.
  • The user has the right contradict to the change of the Terms of Conditions in written form. The changes become valid, if the user does not contradict to such changes in writing within two weeks from the publishing of the changes and the ability to access such information or if the user continues the use of the services. PrepLounge commits itself to inform the user separately in the message, which refers to the changed Terms of Conditions, about the importance of this 2-week period and the legal consequences of non-contradiction. If a user contradicts to the amended Terms of Service, PrepLounge whose membership will terminate.

§ 12 Other provisions

  • PrepLounge is entitled to transfer the rights and obligations arising out of the treaty to third parties. In this case, the user has the option to terminate the membership without notice.
  • All legal relations arising from the Terms of Conditions for the parties and/or its legal successor are subject to the laws of the Federal Republic of Germany excluding the applicability of the UN Convention on Contracts for the International Sale of Goods.
  • Should one of the regulations of these Terms of Conditions be or become fully or partly ineffective or infeasible, the effectiveness of the other regulations is not touched. The contracting parties shall undertake to replace the invalid or unenforceable provision with one which comes closest to the intended economic purpose of the invalid or unenforceable provision. The same applies for potential loopholes in the regulation.