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General Terms and Conditions for NEUROPEANS



Using any NEUROPEANS online offer - including but not limited to chat rooms, news groups, private home pages, e-mail programs, discussion and trading forums, classified ads - (hereinafter called "NEUROPEANS Services") shall be subject to the proviso that you agree to the following Terms and Conditions.

By leaving the checkbox activated, you declare that you are authorized to exploit NEUROPEANS Services and that you accept and will observe the following Terms and Conditions.




By hitting the "AGREED" button,

Said NEUROPEANS Services are being run by NEUROPEANS AG, a company domiciled in Tübingen, Germany. To the extent reference is made herein to provisions of law, this shall mean, to the extent legally admissible and provided no express reference is made to other rules or regulations, the provisions of law prevailing within the Federal Republic of Germany, being country of origin of the Operator, i.e. of NEUROPEANS AG.


1. Users

The domain shall be primarily placed at the disposal of individuals ("Users").


2. Registration

2.1 Prior to using any NEUROPEANS Service, the registration form shall be filled in completely, using current personal data.

2.2 You shall bear the responsibility for keeping secret your login name and your password. Moreover, you shall be responsible for any activities performed under your login name.

2.3 Should anybody use your login name without authorization, or whenever there is any other breach in respect of your data, you shall so notify NEUROPEANS immediately.


3. NEUROPEANS Newsletter

3.1 NEUROPEANS shall be authorized to dispatch its current NEUROPEANS Newsletter to any registered User.

3.2 All Users may cancel their NEUROPEANS Newsletter subscription at any time.


4. Users' Privacy

NEUROPEANS shall respect the privacy of its Users. Without any User's prior consent, NEUROPEANS shall not pass on, or otherwise exploit, personal User data, nor monitor any activities pursued by Users.
This provision shall not apply if, in NEUROPEANS' reasonable view, it is necessary to do so
- for the legal protection of other Users,
- so as to fulfill legal requirements,
- in order to defend or protect the rights of NEUROPEANS,
- for maintaining these Rules of Utilization,
- so as to make good technical problems of any NEUROPEANS Service.

NEUROPEANS shall deal with your data in accordance with prevailing provisions of law. Users may request NEUROPEANS to discontinue and/or to erase their data. NEUROPEANS shall provide third parties - advertising customers among them - with certain items of User information for demographical purposes.
Said data shall be exploited, subject to the applicable rules and regulations, to draw up statistics and to recognize trends.


5. Rules of Behavior

5.1 Users shall treat each other with respect. None of the NEUROPEANS Services may be used to threaten, molest or otherwise hurt any other User or any third party.

5.2 All Users agree to refrain from maliciously deceiving other Users as well as from harming them otherwise. This provision shall extend more particularly to holding themselves out as NEUROPEANS employees or representatives in order to obtain personal data on other Users.

5.3 No NEUROPEANS Service may be used for any purpose which would cause the corresponding User to breach any law prevailing within the Federal Republic of Germany, or in the User's country of origin.

5.4 All Users agree to respect the laws designed to protect youth, as prevailing within the Federal Republic of Germany or in their countries of origin.

5.5 Any activities by Users within the context of NEUROPEANS Services aiming to sabotage, or at least render more difficult, the utilization of NEUROPEANS Services shall be forbidden. Shall be prohibited more particularly any measures influencing the physical and logical structure of the networks used.


6. Contents and Statements

6.1 No contents and/or statements that breach the laws of any country of Europe must be published, transferred or uploaded, including but not limited to contents and/or statements of a defamatory nature, or of a type that glorifies violence or is obscene, discriminating or pornographic. This shall include contents that can be reached via links established by Users.

Above all, this shall extend to contents which might make Users liable to prosecution under provisions of law, including but not limited to:
- distributing propaganda issued by anti-constitutional organizations,
- stirring up hatred by distributing literature issued by anti-constitutional organizations,
- procuring offenses,
- distributing literature glorifying violence,
- reviling denominations, religious communities, or philosophical groups,
- distributing pornographic literature including but not limited to pornography involving children, displaying sexual acts involving people and animals, and showing primary sexual organs,
- defamation, libel or slander,
- disclosing restricted information about hearings not open to the public,
- distributing literature injurious to youth,
- unauthorized exploitation of copyrighted works.

Moreover, there may be other contents the use of which is punishable under the laws prevailing in any User's country of origin.

6.2 Moreover, the use of offensive contents, of ambiguous designations, and of descriptions skirting illegality is likewise prohibited.

6.3 Only those contents and statements may be published and/or uploaded or transferred in respect of which the User disposes of any rights required to do so.

6.4 No MP3 files may be localized on the storage space provided by NEUROPEANS.

6.5 Any User shall test contents to be fed in within the context of any NEUROPEANS Services using a current anti-viral program for their freedom from viruses. Moreover, Users agree not to introduce contents that might enable any unauthorized third party to access NEUROPEANS Services.

6.6 All Users shall be responsible for making backup copies of any contents posted by them. This shall include the software used by them to do so. NEUROPEANS accepts no liability for any data loss unless due to wilful malfeasance or gross negligence on the part of NEUROPEANS.


7. Home Page Quality

7.1 Once established, personal home pages shall be active. This means that they receive hits, or that they are updated, or that they receive e-mail. If one of the measures specified fails to occur over a period of more than 60 days, NEUROPEANS may classify the corresponding home page "inactive". Home pages remaining inactive for a period of time exceeding one year may be erased by NEUROPEANS if the corresponding storage area is required for other Users.

7.2 Every personal home page shall include the valid e-mail address under which the party having established and now operating said home page can be reached. E-mail addresses may be deemed invalid if the corresponding Users do not receive at least receive three e-mails within 90 days and/or fail to give any answer.

7.3 Home pages may not be used for "data warehousing" purposes, i.e. as storage areas for huge files merely linked with other web sites.

7.4 Banners and logos inserted by NEUROPEANS within the context of its services shall not be removed, blocked by software or otherwise modified, particularly not as regards size, proportion, color, function or any components. This shall include animating, morphing, distorted perspectives or dimensions as well as removing or modifying the link function of any banner. This shall be true of any and all banners and logos of NEUROPEANS or NEUROPEANS customers on the personal home page of any User.




8. Advertising

8.1 NEUROPEANS Services may not be exploited for advertising purposes. This shall include but not be limited to posting commercial advertisements such as clickable banners on home pages. Moreover, it shall be prohibited to advertise for one's personal home page by sending unrequested e-mail to other Users.

8.2 Only sporadic advertising related to a specific subject shall be allowed. Reckless advertising including but not limited the mass use of extraneous materials ("spamming") shall be prohibited and may, in any specific case, bring about the exclusion of the User concerned. If in doubt, obtain the written consent of NEUROPEANS.


9. Personal Use

9.1 NEUROPEANS Services are exclusively intended for personal uses. Commercial exploitation of NEUROPEANS Services shall be allowed only within the areas offered for this purpose, i.e. within the NEUROPEANS Shop.

9.2 The commercial use of other NEUROPEANS Services will be allowed only by way of exception and shall be subject to the written consent of NEUROPEANS. In the event of any such exceptional approval, any commercial use shall be at the User's risk.

9.3 Moreover, personal utilization means that the domain placed at any User's disposal may not be sold, licensed, given away or otherwise made available for third-party use.


10. E-Mail Address

10.1 NEUROPEANS offers its Users personal e-mail addresses free of charge under a nickname. Via any such e-mail address, any e-mail arriving will be routed on to an external e-mail account indicated by the corresponding User.

10.2 NEUROPEANS can exert no influence on the conveyance of data via the Internet or the WWW. NEUROPEANS accepts no liability for any specific message transmission unless any transmission error is demonstrably due to NEUROPEANS' server. In this context, additional limitations of liability pursuant to subsects. 14.3 and 14.4 Rules of Utilization shall prevail.

10.3 NEUROPEANS' e-mail function may not be used for opinion polls, competitions, chain letters or junk e-mail.

10.4 Without the consent of the corresponding holders, no lists of e-mail addresses for NEUROPEANS Users may be collected.


11. NEUROPEANS Service Area

Within its NEUROPEANS Service Area, NEUROPEANS accepts no liability for the contents posted there, including but not limited to any offers they may contain; nor shall NEUROPEANS be liable within the framework of any business done there. Users invariably establish business relationships not with NEUROPEANS but with the operator of the shopping site, always subject to the Terms and Conditions set forth there. NEUROPEANS shall neither be an employee nor a representative of the party operating said NEUROPEANS Service Area.


12. Sole Responsibility of Operator

All NEUROPEANS Users shall be fully responsible for their activities within the framework of NEUROPEANS Services. NEUROPEANS shall not test any contents or statements prior to their posting on the Internet.


13. NEUROPEANS Rights

13.1 As soon as NEUROPEANS becomes cognizant of any infringement hereof, it shall be authorized - and may be obligated by applicable provisions of law - to exclude the corresponding User as well as to erase any contents exploited by, or addressed to, such User. NEUROPEANS shall not be subject to any duty to warn Users prior to erasing their contents.

13.2 If any User fails to call upon NEUROPEANS Services for six months, NEUROPEANS may cancel any such User's registration and erase any contents exploited by, or addressed to, such User including the e-mail-address. NEUROPEANS shall not be held to warn such User prior to erasing registration and/or contents.

13.3 Moreover, NEUROPEANS shall be entitled to modify these Rules of Utilization at any time. Users shall be notified thereof by posting any updated Terms and Conditions on the web site. Users shall be individually responsible for verifying whether such Rules of Utilization have been updated. By continuing to exploit NEUROPEANS Services subsequent to any update of these Rules of Utilization, any User agrees to any modifications so introduced. Should any User disagree, NEUROPEANS may avail itself from its rights under subsect. 13.1 above.

13.4 NEUROPEANS may amend any NEUROPEANS Services at any time.


14. Liability of NEUROPEANS

14.1 NEUROPEANS shall not be liable for contents and/or activities provided by Users and not administered by NEUROPEANS. No such contents or activities can be allocated to NEUROPEANS, nor may they constitute any statement of opinion by NEUROPEANS. Such contents shall include any links established by Users on web sites within any NEUROPEANS Services.

14.2 No link established within any NEUROPEANS Service shall be controlled by NEUROPEANS. NEUROPEANS shall have no responsibility for contents, links, updates or other changes or modifications regarding such Internet pages.

14.3 NEUROPEANS and/or its employees and representatives make no warranty or representation that NEUROPEANS Services are suitable for a specific purpose, nor that they are reliable, available or punctual. Any such service shall be provided "as is", without any warranty whatsoever, unless a defect of any such service is due to wilful malfeasance or gross negligence on the part of NEUROPEANS, its employees or representatives, or else due to the infringement of substantial duties hereunder.

14.4 Any liability on the part of NEUROPEANS, its employees or representatives in respect of any indirect damages, including but not limited to consequential, unforeseeable or atypical damages, as well as any lost profits shall be excluded. Moreover, NEUROPEANS shall not be liable for any official acts, industrial action, incidental damages or force majeure not attributable to it.

14.5 The above provisions of this section shall extend to all contractual and non-contractual claims resulting from this understanding and/or from using the Services.

14.6 NEUROPEANS does not warrant or represent that its Services will be permanently available. This means, moreover, that any material resident on the server will be available uninterruptedly and/or free from any defects, and that viruses or other deleterious components may be present.


15. Final Provisions

15.1 This Agreement or the use of any NEUROPEANS Services shall not constitute any joint venture, partnership, employment or agency relationship between NEUROPEANS and the corresponding User.

15.2 To the extent legally admissible, Tübingen, Germany, shall be venue of court.

15.3 The laws of the Federal Republic of Germany shall be applicable.

15.4 Location of any server of the NEUROPEANS Services shall be the Federal Republic of Germany.


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