Preamble
By logging on to DoooX, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using DoooX.
DoooX operates DoooX services under various top-level domains (DoooX.com, DoooX.de, DoooX. eu, etc.), as well as various sub-domains and aliases of these domains. All Web sites on which DoooX provides DoooX services are hereinafter referred to as “DoooX Web sites.”
These GTC shall govern the contract relationship between the User and DoooX, irrespective of which DoooX web site the User is registered with or logged on to.
The services provided by DoooX are intended exclusively for persons of legal age.
1. Subject Matter
1.1 The DoooX Web sites offer registered users the following option: a private paid communication forum for arranging contacts between health care professionals (membership is hereinafter referred to as “Membership”, to enter it a proof of profession is required.).
1.2 Details about the applicable fees for the Membership are set forth on the DoooX Web sites under Membership fees The fees listed under Membership fees are binding. Payments for the Membership 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. (PayPal) If DoooX 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. DoooX may deliver invoices to the User for Premium Membership by email.
1.3 Any use of the services and contents offered on the DoooX Web sites beyond the scope of options provided by DoooX requires the prior written consent of DoooX.
1.4 DoooX shall only make data and/or information provided by the User available for other users provided that this data and/or information does not violate any law or these GTC. DoooX is entitled to remove any illegal or prohibited data and/or information from DoooX 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 DoooX Web sites. DoooX shall nonetheless endeavour to keep DoooX Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond DoooX's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on DoooX Web sites.
1.6 DoooX merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, DoooX does not take part in any communication between users. If users enter into agreements with one another over DoooX Web sites, DoooX 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. DoooX shall not be held liable if users are unable to contact one another over DoooX Web sites regarding such agreements. Furthermore, DoooX shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, and Representations and Warranties upon Registration
2.1 Users must register prior to using any of the services on the DoooX 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 DoooX 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. DoooX shall not disclose the password to any third party and DoooX shall not ask for the User's password at any time.
2.5 Each User is entitled to register with DoooX only once, and the User may only establish one (1) user profile.
2.6 It is technically impossible for DoooX to determine with certainty whether any user registered with DoooX is in fact the person he or she represents to be. Therefore, DoooX assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Obligations of the User
3.1 The User is obliged,
3.1.1 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.
3.1.2 To post on the DoooX Web sites only photographs of the User which are not more than two (2) years old and on 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 DoooX 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.
3.1.3 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 DoooX 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 which do not comply with any applicable legislation for the protection of minors
§ Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act)
§ Use without authorization 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).
3.1.4 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).
3.2 The User is prohibited from the following:
§ Employing any mechanisms, software or scripts when using DoooX Web sites. However, the User may use the interfaces or software provided by DoooX within the scope of the services available on the DoooX Web sites.
§ Blocking, overwriting, modifying and copying of any contents of the DoooX Web sites, unless said actions are necessary for the proper use of the services on the DoooX 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 strictly prohibited.
§ Distributing or publicly disclosing the contents of any of the Web sites of DoooX or any other user
§ Performing any actions which may impair the operability of DoooX's infrastructure, particularly actions which may overload said infrastructure.
4. Changes to the Services on DoooX Web sites
DoooX reserves the right to modify the services offered on the DoooX 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.
5. Termination of Membership, Reimbursement of Advance Payments
5.1 The User may terminate the Free Membership (Trial Subscription) at any time without cause. The User may deliver notice of termination using the contact form available on all DoooX 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 DoooX Web sites.
5.2 The User may terminate without cause the Membership 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 seven (7) business days. The user may deliver notice of termination using the contact form available on all DoooX Web sites, or by sending a fax or letter to DoooX. The termination notice shall include the registered name of the User and an email address of the User registered on the DoooX Web sites. If the User has terminated the Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section 5.2 shall not affect the right of both parties to terminate the agreement for good cause.
5.3 A good cause is defined as an event which makes it unacceptable for DoooX 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 DoooX against the User's. A good cause includes any of 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 3 of these GTC
§ If the reputation of the services offered on the DoooX 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)
5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding DoooX's right to terminate the contract in accordance with section 5.3, DoooX is entitled to:
§ Delete the contents posted by the User
§ Issue a warning, or
§ Block the User's access to the services on the DoooX Web sites.
5.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
§ If DoooX has terminated the contract for good cause pursuant to section 6.3,
§ If DoooX 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 DoooX.
6. Responsibility for the User’s Content, Data or other Information
6.1 DoooX does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the DoooX Web sites or on any external websites linked to them. In particular, DoooX does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2 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 DoooX Web sites.
7. Liability of DoooX
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against DoooX (including its vicarious agents) shall exist only if DoooX breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by DoooX's business liability insurance, provided the insurance company has effected payment to DoooX. DoooX 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.
8. Indemnity
8.1 The User shall indemnify and exempt DoooX from all actions, including damage claims, asserted by other users or third parties against DoooX resulting from an infringement of their rights by the contents posted by the User on DoooX Web sites. Furthermore, the User shall indemnify and exempt DoooX from all actions, including damage claims, asserted by other users or third parties against DoooX resulting from an infringement of their rights regarding the use of the services on DoooX Web sites by the User. The User assumes all reasonable costs DoooX incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by DoooX, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
8.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at their own expense and at DoooX'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 DoooX Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by DoooX.
9. Data Protection
DoooX recognizes that it is extremely important to the User that DoooX shall be particularly sensitive in handling any data provided by the User to DoooX. DoooX 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, DoooX shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on DoooX's treatment of the User's data are set forth in the Privacy Policy of DoooX accessible from each of the DoooX Web sites.
10. Final Provisions
10.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
10.2 DoooX reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. DoooX 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 to be accepted by the User. DoooX shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
10.3 Unless otherwise stated in these GTC, the User may submit all notices to DoooX using the contact form provided on each of the DoooX Web sites, or by letter or fax. DoooX 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.
10.4 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.
10.5 The place of performance under these GTC shall be DoooX's main place of business.
10.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of DoooX.
10.7 These GTC and the contractual relationship shall be governed by German 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 German Law.
Zell/Schäftlarn, 8 August 2006