General Terms and Conditions of Business

General Terms and Conditions of Business for registered user of www.unternehmertum.de.
Last updated: 1 June 2010

I. Scope of Application

1. UnternehmerTUM GmbH, Lichtenbergstrasse 8, D-85748 Garching, Germany (referred to hereinafter as "UnternehmerTUM"), offers all users a wide range of contents and services consistently maintained and updated through its internet-based information and communication platform.
2. The following General Terms and Conditions of Business apply to all services and all other offers, as well as the ongoing development and improvement of services.
3. Please always observe the amendments of and supplements to these General Terms and Conditions of Business applicable to the individual services.

II. Registration

1. Use of the services rendered by www.unternehmertum.de in its Workspace (the protected area of www.unternehmertum.de)  requires appropriate registration in advance. To register for such services, applicants must be 18 years of age, fully qualified for business activities, and belong to the following group of users:
»  Students of Technische Universität München
»  Staff members of Technische Universität München
»  Alumni of Technische Universität München
»  Employees of partner companies of UnternehmerTUM GmbH
»  Studierende anderer Universitäten

»  Clients of UnternehmerTUM Projekt GmbH

2. To qualify for the use of services, participants must register with www.unternehmertum.de. They undertake to specify their correct and complete data as required by UnternehmerTUM for registration, and to regularly update such data in the event of any change.

III. Data Privacy and Data Security

Protection and security of your data is one of the most significant services we can offer you. You should be informed at all times how we protect data and what happens to your data. You are therefore informed in the following how data is compiled and saved and how we ensure appropriate security of your personal data when entered by you in the present application.

1. What is the purpose of our database?
To offer you maximum convenience in your work and avoid multiple entries of the same data, the data you enter and the data linked to your myTUM Account will be saved in the database. This is done in a central database for various functions, allowing individual retrieval from  other functions when required. Various data from the database will be presented in accordance with the respective application and request.
2. What data is required?
Only data you enter in the database yourself or already entered in your myTUM Account will be saved. Entry of data is voluntary in all cases. We nevertheless inform you that you will not be able to use all functions in full if you do not enter all data. Should you visit a site which accesses the database and should you then enter data on such site, the data you enter may be transferred in encrypted form to the database. When you enter data we are able to facilitate the entry process by including information in the database you have already provided in advance. (If, for example, you have already entered your e-mail address in another function accessing the database, such entry may now be taken over when you return to the system.) Data you have already entered will be shown to you.

The following data is saved in the database:
-     Login name (also your e-mail address)
-     Last name,  First name
-     Title (where applicable)
-     Statutory address
-     Title (where applicable)
-     Statutory address
-     Matriculation number (in order to issue study certificates), available only to lecturers and administrators of UnternehmerTUM
-     Area of study (where applicable)
-     Graduation (where applicable)
-     Faculty (in order to issue study certificates), available only to lecturers and administrators of UnternehmerTUM
-     Technical semester (with students and employees still studying), to be forwarded to the respective Examination Board
-     Date of birth (in order to issue study certificates), available only to lecturers and administrators of UnternehmerTUM
-     Private and business address (in order to issue study certificates), available only to lecturers and administrators of UnternehmerTUM
You may amend or delete all information from your personal profile whenever you wish, that is if you no longer want your data to be saved in the database.
3. How is my data used, and by whom?
The database serves your interests.
UnternehmerTUM uses data only to facilitate the use of specific services and streamline practical applications. Only example is that you only have to enter the e-mail address for a certain user once - then it is maintained in the database consistently for your further use and convenience.
Information in your profile will not be forwarded as personal data to third parties and is therefore used only within UnternehmerTUM. We may possibly re-format your data or forward such data to other internal services or databases in order to meet specific requirements and offer even better service in future. In such a case we undertake to observe the data protection standards you have chosen.
4. Who else has access to data?
Nobody.
5. How can the user retrieve, amend or delete data?
The user is able to retrieve data entered into the database to which he has access. He is also able to amend or delete data which he has entered himself under the application involved.
6. How do you ensure data security?
Data is saved in UnternehmerTUM systems with a very high standard of security reflecting the latest state of the art. Any transmission of data is based as a minimum on the SSL (Secure Socket Layer) standard, in some cases applying an even higher level of encryption.

IV. Amendments of these General Terms and Conditions of Business, Services, Restrictions

1. UnternehmerTUM reserves the right to change these General Terms and Conditions of Business to the extent to which such a change is acceptable to you, taking the interest of UnternehmerTUM into account. This applies particularly if such changes do not involve any commercial or economic disadvantages in your case, for example in changing the process of registration, changing your contact partners, etc or modifying the General Terms and Conditions of Business, in order to take modified or new services or functions into account.
2. Maintenance and ongoing development of the services rendered by www.unternehmertum.de may temporarily restrict or interrupt options for using services and/or access to services.
3. Should you not agree to changes and amendments of the General Terms and Conditions of Business, you are entitled to terminate this Agreement with immediate effect at any time, and to end your use of the services rendered by www.unternehmertum.de. Changes and amendments of the General Terms and Conditions of Business shall be deemed approved by you if you continue to use the services of www.unternehmertum.de one full month after such changes and amendments have taken effect. Upon notifying you of amendments to the Terms and Conditions, we will specifically draw your attention to these consequences.
4. You are not entitled to services actually being rendered. UnternehmerTUM reserves the right to update, change or discontinue the functions of individual services, and reserves the right to discontinue services altogether.

V. Responsible for the Contents

1. www.unternehmertum.de offers you communication services allowing you to publish and disseminate your information, in particular through texts, photos and graphics. You are solely and exclusively responsible for the contents of the information publishe and disseminated by yourself or a third party via your account through such services.
2. In using communication services you undertake not to violate and/or infringe upon any laws, legal standards and regulations in force. In particular, you shall ensure that the content beeing disseminating via your account does not infringe upon any rights of third parties (such as copyrights, patents, brand or other ownership rights). You furthermore undertake to duly observe the penal code and regulations as well as any and all regulations for the protection of minors, in particular not to disseminate any racist, pornographic, obscene, insulting or any other content unsuitable for minors. You also undertake to duly observe the private rights of third parties, not to distribute any unsolicited mass or bulk shipments and not to pursue any unsolicited advertising, thus refraining from any and all action liable to endanger the performance and availability of the services rendered.
3. UnternehmerTUM makes all users aware that content received or transmitted or saved through and via the services rendered is in principle not checked or verified, at least not in the context of applicable law.
4. UnternehmerTUM is entitled to forward content to third parties and/or to delete content to the extent to which such action is required by legal provisions or an order of authority issued by a judge or the authorities. This also applies to the publication of user data. UnternehmerTUM is furthermore entitled to delete content to the extent to which it violates and infringes upon Item V.2
5. You hereby exempt UnternehmerTUM from any and all claims made by third parties against UnternehmerTUM on account of the infringement of the rights of third parties by your account or through content contravening the law or contractual provisions.

VI. Technical Restrictions

1. You are aware of the fact that the services offered by www.unternehmertum.de may be subject to technical restrictions. This applies in particular to the maximum saving capacity or size of data files, the maximum number of news items and publications, as well as other content and restrictions.
2. UnternehmerTUM is justified in the event of technical restrictions being exceeded to delete data and/or refuse the addition and saving of further data. This applies in particular if you have failed to use the services offered by www.unternehmertum.de for a period of more than 90 days.
3. For further details, please see the further technical specifications of the services rendered.

VII. Customer's Duties and Obligations

1. You hereby undertake to use any and all content provided by www.unternehmertum.de exclusively for your personal purposes. You are not entitled to use www.unternehmertum.de commercially, in particular not to publish and disseminate any and all advertising. This applies in particular to all communication services.
2. You undertake to treat your password in strictest secrecy and not to make it known even upon request. We inform you that employees and staff members of UnternehmerTUM are not entitled to ask you for your password.
3. UnternehmerTUM is entitled, when informed of possible misuse of passwords, to take any and all action required, in particular to enforce a - temporary - ban on access to the services rendered by www.unternehmertum.de.
4. You hereby undertake, with reference to any and all content you submit or receive in the context of the services rendered by www.unternehmertum.de, to make back-up security copies/files of the latest data on your own computer.

VIII. Liability of UnternehmerTUM

1. UnternehmerTUM does not accept any responsibility or warranty for content provided by third parties being correct, complete or reliable.
2. In the event of losses caused by the absence of a feature or property promised, UnternehmerTUM shall be liable only for losses actually included in and comprised by such a quality or feature. Liability restrictions apply as detailed in items 3. - 6. below

3. Where UnternehmerTUM GmbH is responsible for violating its contractual obligations, it will accept liability for such violations. Furthermore, UnternehmerTUM GmbH will accept liability for wilful misconduct and gross negligence where responsible.
4. Liability shall be limited  to typical, foreseeable losses, with a maximum limit and restricted to a maximum of Euro 255.00. Claimants have the right to claim and substantiate a higher loss.

5. The aforementioned liability restrictions shall not apply to the liability of UnternehmerTUM GmbH in cases where damage is caused through grossly negligent breach of duty by UnternehmerTUM, or through grossly negligent or wilful breach of duty by its legal representatives or agents. Furthermore, the aforementioned liability restrictions shall not apply in case of loss of life or bodily injury. Nor shall they apply in case of breach of fundamental contractual obligations ("material contractual obligations").
6. These provisions shall not affect any liability under the Products Liability Act.

7. UnternehmerTUM GmbH accepts liability for loss and recovery of data only in cases when such data loss could not have been avoided by your own undertakings to backup data appropriately. (Refer above to item VII. 4). Liability is restricted as described in items 3. - 5. above.

IX. Termination

1. You are entitled to terminate this Agreement on any day for expiry on the following day, while UnternehmerTUM shall observe a period of termination of four weeks. Please send your written termination to: UnternehmerTUM GmbH, Lichtenbergstrasse 8, D-85748 Garching, Germany. Termination shall be deemed effective upon receipt. Termination tendered upon you shall be sent to the e-mail address specified in your registration.
2. UnternehmerTUM is entitled to terminate the present Agreement with immediate effect should you give rise to such termination for an important reason. Extraordinary termination shall be justified in particular should you violate and infringe upon the duties set forth and specified in Item V.2.
3. In all cases of termination and discontinuation of membership, UnternehmerTUM shall be entitled to delete your account and all contents and to discontinue your access to the services rendered.

4. This also applies if you fail to use the services of www.unternehmertum.de for a period of 90 days.
5. As soon as a member leaves TUM his account shall be deleted, unless such user has explicitly agreed to becoming a member of the Alumi Network of UnternehmerTUM.

X. Assignments of Rights by UnternehmerTUM

1. UnternehmerTUM is entitled to assign and transfer any and all rights and duties resulting from this agreement to a third party.
2. In the event of such an assignment you are entitled to terminate your use of the services rendered by www.unternehmertum.de without notice.

XI. Applicable Law

The law of the Federal Republic of Germany shall apply to any and all legal relations resulting from the use of the services rendered by www.unternehmertum.de