1.             Subject Matter

2.             Registration, and Warrants and Representations at Registration

3.             Right of Cancellation

4.             Obligations of the User

5.             Changes to the Services on MYCHEMUNITY.COM Web sites

6.             Termination of the agreement, Reimbursement of Advance Payments

7.             Responsibility for the User’s Content

8.             Customer Service/Support

9.             Liability of MYCHEMUNITY.COM

10.           Indemnity

11.           Data Protection

12.           Rights to Page Contents

13.           Final Clauses

 

General Terms and Conditions for using myChemunity.com

"myChemunity.com” refers to the service provided subject to these General Terms and Conditions and/or myCu.

 

Preamble

By logging on to myCu, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using myCu.

myCu operates myCu services under various top-level domains (myChemunity.eu, myChemunity.de etc.), as well as various sub-domains and aliases of these domains. All web sites on which myCu provides myCu services are hereinafter referred to as “myCu web sites.”

These GTC shall govern the contract relationship between the User and myCu, irrespective of which myCu web site the User is registered with or logged on to.

The User enters into this agreement on the use of myCu services with Naucum GmbH, Bächaustrasse 63, 8806 Bäch, Switzerland. Additional contact information, commercial registry data, as well as the name of the authorized representative of Naucum GmbH can be found under “Contact“.

The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all myCu web sites.

 

1. Subject Matter

1.1 The myCu web sites offer registered users two options: a) a free e-Learning- and communication platform for individuals (membership in the free “e-Learning- and communication platform for individuals” is hereinafter referred to as “Free Membership”), and b) a private paid e-Learning- and communication platform  for educational- and business organisations (membership in the paid “e-Learning- and communication platform” is hereinafter referred to as i) „Business Members“ and ii) „Educational Members“).

1.2 Details about the applicable fees for the “Educational- and Business Members” are set forth on the myCu web sites under "Benefits." The fees listed under "service fees" are binding. Payments for the “Educational- and Business Members” shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If myCu is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the user is responsible for the event that triggers these costs. myCu may deliver invoices to the user for “Educational- and Business Members” by email. In addition, myCu shall make said invoices available for download by the user in the “Educational- and Business Members” area of the myCu web sites for a period of one (1) year from the date of invoicing.

1.3 Any use of the services and contents offered on the myCu web sites beyond the scope of options provided by myCu requires the prior written consent of myCu.

1.4 myCu shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these GTC. myCu is entitled to remove any illegal or prohibited data and/or information from myCu web sites without prior notice to the user.

1.5 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the myCu web sites. myCu shall nonetheless endeavor to keep myCu web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond myCu control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on myCu web sites.

1.6 myCu merely provides the user with a platform on which to establish contacts between users, to exchange prepared knowledge between the users and provides for this purpose the necessary technical applications, which obtains content that includes an aid in acquiring knowledge and witch supports a more efficient winning of prepared information’s. As regards content, myCu does not take part in any communication between users. If users enter into agreements with one another over myCu web sites, myCu shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. myCu shall not be held liable if users are unable to contact one another over myCu web sites regarding such agreements. Furthermore, myCu shall not be liable for breaches of duty in relation to agreements entered into between users.

1.7 Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.

1.8 Unless otherwise expressly defined, partner offers via paid memberships are only available to Educational- and Business Members and/or for Member Groups freely defined by myCu.

myCu shall merely act as intermediary in the case of agreements entered into with partners.

Applying to these partner offers are the General Terms and Conditions and the privacy policies of the respective partner companies that carry out the complete transaction themselves and are a party to an agreement with and serve as the contact for the user.

 

2. Registration, and Representations and Warranties upon Registration

2.1 Users must register prior to using any of the services on the myCu web sites.

2.2 The user warrants and represents that all of the data provided by the user for registration is accurate and complete. The user shall report any changes in the registration data to myCu without undue delay.

The user shall not use pseudonyms or pen names.

2.3 The user warrants and represents that he or she is of legal age at the time of registration.

2.4 The user shall choose a password upon registration. The user is obliged to keep this password secret. myCu shall not disclose the password to any third party and myCu shall not ask for the user's password at any time.

2.5 By completing the registration process, the user consents to enter the agreement to use the services of the myCu web sites. myCu accepts this offer by activating the membership for the use of services on myCu web sites. The agreement takes effect with the aforementioned acceptance by myCu.

2.6 Each user is entitled to register with myCu only once, and the user may only establish one (1) user profile.

2.7 It is technically impossible for myCu to determine with certainty whether any user registered with myCu is in fact the person he or she represents to be. Therefore, myCu assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

 

3. Right of cancellation for consumers

If a user is registered at myCu for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the conditions:

3.1 Right of cancellation

The user may cancel registration for the Free or Paid Membership in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by myCu, but not before the receipt of these instructions.

For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In the aforementioned cases, the cancellation notice should be sent by post to Naucum GmbH, Bächaustrasse 63, 8806 Bäch, Switzerland. The user may deliver notice of termination using the contact form available at all myCu web sites, or by sending a fax or letter to myCu. The fax number and email address of myCu are sent to the user upon registration and can be found at http://www.mychemunity.com/app/user?op=imprint.

The user’s right of termination under section 6 shall not be affected by the user’s cancellation right under this section 3.

3.2 Premature lapse of the right of cancellation

The user’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases:

If myCu has begun performing the myCu services for which the user is registered with the express consent of the user, or

If the user has initiated the myCu services for which the user is registered (e.g. in which the user has accessed the myCu services that myCu has made available to the user in accordance with the type of Membership chosen by the user at registration).

3.3 Consequences of cancellation

If the user is unable or partially unable to restore the benefits to myCu, then the user must reimburse myCu for the corresponding value. The user must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.

 

4. Obligations of the user

4.1 The user is obliged,

4.1.1 to provide only true and non-misleading statements in the user profile and in communications with other users, and to refrain from using any pseudonyms or pen names.

4.1.2 to post on the myCu web sites only photographs of the user which are not more than five (5) years old and in which the user can be clearly and plainly recognized. The user warrants and represents that the public display of the photographs delivered by the user to the myCu web sites is not prohibited. The user shall not upload any photographs or images of any other person than of the user, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.). The photographs delivered by the user shall not contain any company logos. The exceptions in this case are photos of Educational- and Business Members and myCu employees.

Group logos that contain company logos are also not permitted. Groups of Educational- and Business Members are exempt from this rule, however.

4.1.3 to comply with all applicable legislation, and respect all third-party rights. In Particular, the user shall not

Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or myCu personnel or other companies

Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products that do not comply with any applicable legislation for the protection of minors

Unreasonably annoy (particularly with spam) any other user

Use without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law

Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales)

4.1.4 to refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

Sending chain letters

Sending identical private messages to more than one (1) user at the same time

Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or

Communicating in any insinuating or sexual way (suggestive or explicit).

4.2 The user is prohibited from the following:

Employing any mechanisms, software or scripts when using myCu web sites. However, the user may use the interfaces or software provided by myCu within the scope of the services available on the myCu web sites.

Blocking, overwriting, modifying and copying of any contents of the myCu web sites, unless said actions are necessary for the proper use of the services on the myCu web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the contents of any of the web sites of myCu or any other user

Performing any actions that may impair the operability of myCu’s infrastructure, particularly actions, which may overload said infrastructure.

 

5. Changes to the Services on myChemunity.com web sites

myCu reserves the right to modify the services offered on the myCu web sites and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.

 

6. Termination of Membership, Reimbursement of Advance Payments

6.1 The user may terminate the Free Membership at any time without cause. The user may deliver notice of termination using the contact form available on all myCu web sites at any time. The termination notice shall include the user’s registered name and an email address of the user registered on one of the myCu web sites.

6.2 The User may terminate without cause the “Educational- and Business Members” to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all myCu web sites, or by sending a fax or letter to myCu. The termination notice shall include the registered name of the user and an email address of the user registered on the myCu web sites. If the user has terminated the “Educational- and Business Membership”, the user is entitled to retain a Free Membership until such termination takes effect. The provisions of this section 6.2 shall not affect the right of both parties to terminate the agreement for good cause.

6.3 A good cause is defined as an event which makes it unacceptable for myCu to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of myCu against the user's. A good cause includes any the following events:

If the user fails to comply with any applicable legal provisions

If the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC

If the reputation of the services offered on the myCu web sites is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offence, and if said conviction is known to other users);

If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the user causes harm to any other user(s)

If the user is a member of a religious sect or a denomination that is controversial in Switzerland.

6.4 In the event of a good cause in accordance with section 6.3 and notwithstanding myCu's right to terminate the contract in accordance with section 6.3, myCu is entitled to:

Delete the contents posted by the user

Issue a warning, or

Block the user's access to the services on the myCu web sites.

6.5 In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:

If myCu has terminated the contract for good cause pursuant to section 6.3,

If myCu has blocked the user’s access in accordance with section 6.4, or

If the user has terminated the agreement. However, the user's right to claim reimbursement of any advance payments shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to myCu.

 

7. Responsibility for the user’s Content, Data or other Information

7.1 myCu does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the myCu web sites or on any external websites linked to them. In particular, myCu does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

7.2 The user may report any activities of any other user, which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all myCu web sites.

 

8. Customer Service/Support

Queries regarding agreement with myCu or regarding myCu services can be sent by the customer to myCu using the contact form available at all times on all myCu web sites, or by sending a fax or letter.

 

9. Liability of myChemunity.com

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against myCu (including its vicarious agents) shall exist only if myCu breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims is limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by myCu's business liability insurance, provided the insurance company has effected payment to myCu. myCu undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims based on the German Product Liability Act.

 

10. Indemnity

10.1 The user shall indemnify and exempt myCu from all actions, including damage claims, asserted by other users or third parties against myCu resulting from an infringement of their rights by the contents posted by the user on myCu web sites. Furthermore, the user shall indemnify and exempt myCu from all actions, including damage claims, asserted by other users or third parties against myCu resulting from an infringement of their rights regarding the use of the services on myCu web sites by the user. The user assumes all reasonable costs myCu incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by myCu, are hereby unaffected.

The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.

10.2 In the event the contents posted by the user infringes any rights of any third party, the user shall, at its own expense and at myCu's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of myCu web sites, the user shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by myCu.

 

11. Data Protection

myCu recognizes that any data provided by the user to myCu is extremely important to the user, and myCu shall therefore be particularly sensitive in handling such data. myCu shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, myCu shall not provide or otherwise disclose any personal data of the user to any third party without authorization. Details on myCu's treatment of the user's data are set forth in the Data Protection Policy of myCu accessible from each of the myCu web sites.

 

12. Right to Contents

When the user posts his or her contribution to a forum, the user grants myCu an unlimited, irrevocable and assignable right of use for the respective contribution, which myCu is entitled to utilize for any purpose. In particular, myCu is entitled to keep said contribution on the forum, and on its web sites and the web sites of its partners, or use it for marketing the forum in any other way.

Consequently, myCu has a right of use over all contributions to discussion forums it operates. Copying, downloading, dissemination, distribution and storing of the contents of myCu and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.

 

13. Final Provisions

13.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.

13.2 myCu reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. myCu shall give due notice of any amendments of these GTC to the user. If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed being accepted by the user. myCu shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.

13.3 Unless otherwise stated in these GTC, the user may submit all notices to myCu using the contact form provided on each of the myCu web sites, or by letter or fax. myCu may send notices to the user by email, fax or post to the addresses given in the user’s current contact data in his or her user account.

13.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision, which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

13.5 The place of performance under these GTC shall be Naucum's main place of business.

13.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of myCu.

13.7 These GTC and the contractual relationship shall be governed by Swiss Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Swiss Law.