valid of: January 1st 2008

Studymee (www.studymee.com including all appendant country- and sub-domains) is a interactiv online-service of Studymee GmbH (hereafter named as "Studymee"), specifically aligned to current or former students (Alumni). These Terms & Conditions apply to visitors and users as well as to all supplied contents on the platform.

1. Validity of conditions

1.1 Within the relation between Studymee and the member (hereafter named as "User") the following terms & conditions (hereafter named as "T&Cs") bear validity. Variant terms of the user himself that are inconsistent to these T&Cs will not be applied.

1.2 With registering as a member with Studymee the user agrees with the T&Cs. During the registration the user has the opportunity to take note of the T&Cs in detail and he has to approve their validity with a specific "click".

1.3 Within the frame of the usage-realtion between the platform-operator and the user the T&Cs are also valid in case of the usage of certain services or contents of the platform that are not additional advertenced to the T&Cs.

1.4 The operator reserves the right to change the T&Cs without any mentioning of reasons. The modified conditions will be send to the user by email at least two weeks before they come into effect. If the user doesn´t object within two weeks after receiving the email the modificated conditions will obtain automaticly. The operater engages himself to give especial cue to the two weeks clause in the email that contains the information about the modification.

1.5 In case that the user objects the validity of the new T&Cs the operator may close the existing usage-realtion instantly including the erasing of all saved user-profile data and information. In such case any claim of damage of the user is especially debarred. This opportunity will also be specifically announced by the operator in the email that contains the information about the modification.

2. Registration and Cancellation

2.1 Prerequisite of a registration as a user with Studymee is the property of being a Student or a former Student (Alumni) as well as the property of having fullfilled the age of 16. The operator is allowed to check the personality of the user (especially the age) by means of official documents.

2.2 The user may only be registrated with one membership and ensures with his registration that is not registrated with Studymee so far.

2.3 The user ensures that all personal data of him that are given to the operator are true and a personal description of the user himself. This contains also the Profilepicture of the own person.

2.4 All services of the Studymee platform are only for private usage. A commercial usage is not allowed. With the registration the user ensures to use all services solely for private aims.

2.5 With offense of the user against one or several of the indicated conditions of the subparagraph 2.1 to 2.4, subparagraph 8 gets valid.

2.6 The user can cancel his profil at any time with using the "Delete my Profile" button at "My Profile", "Settings", as well as in written form or by email. With the cancellation all user-profile related data will be deleted. The usage-realtion will be canceled with this.

3. Description of services and contents of Studymee

3.1 The operator runs a social network in terms of a online communication-platform on which registered stundent or alumni users can get in contact and communicate with each other to cherish or establish friendships and to exchange and use educational aids. The user has the opportunity to get registred, to publish information about himself, to create or become a member of groups, to invite friends or acquaintances to groups, to search for other personalities (Members/Users) within the platform, to publish own study-works, to publish images and videos, to publish informations about cities, restaurants, clubs and partys and much more.

3.2 All details of the single user (profile) are stored in the centreal database of the operator. Members can wath profiles of other members and get it contact with them.

3.3 At any time good behavior has to be kept and the dos and don´ts hav to be respected. It is not allowed to affect an alien identity or to utter abusive, detractive or racialist comments as this is contrary to the intention of the Studymee services.

3.4 As far as the user does enter links to external webpages into Studymee contents the operater will follow up those links to review the content and intention of the linked webpages. If any of the contents should contain illegal material of any kind the links will be erased immediately and without notice by the operator.

3.5 The operator reserves the right to use programs in the database that allowes conclusions to the communication behavior and service usage of the user. This program is mainly ment to serve the increasement of security within the Studymee network.

3.6 Studymee allows to watch videos in streaming mode. "Streaming" means the sychronized transmition of audiovisual works (videos) through the Internet from Studymee to the unit of the user, in a way that the user can watch and hear these data in realtime, but not copy, save or forward them, if not specifically permitted by the, by terms of this conditions, leagal owner of the data. It is strictly forbidden to open videos with another intention then the streaming or the permitted downloading. User videos will be publishes as the get uploaded. Responsibilities of the contents are assigned to the uploading user by point 3,5,6,7 and 9.

4. Costs

4.1 The registration with studymee is free of charge So far all provided services and features at Studymee are free of charge too.

4.2 The operator reserves the right to charge specific services on the plattform at a given time. Additionally the operator reserves the right to add proper advertisement to the webpage.

5. Usage of data and data privacy

5.1 The sensitive and responsibly handling of personal data of all users is a concern of extraordinary importance for Studymee.

5.2 All data protection acts are followed exactly by Studymee. These purposes include especially the "Teledienstedatenschutzgesetz (TDDSG)", the "Bundesdatenschutzgesetz (BDSG)", the "datenschutzrechtlichen Bestimmungen des Telekommunikationsgesetzes (§§ 85 ff. TKG)" of the federal republic of Germany, as well as the legal guidelines of the European Union.

5.3 Studymee does not forward personal data of its users to third-parties unless the user does give his specific permission upfront or the forwarding does perform to a legal duty. In case the user does give his permission, the assent can be objected by short note (E-Mail, Fax, Letter) at any time.

5.4 The, under the link http://www.studymee.com/privacy provided Privacy Policy informs in detail about the purpose of the storing of data, about the obligatory indications of the user, about additional unsolicitious data and about the protection of personal data according to legal provisions with Studymee. Additionally the Privacy Policy informs about technical backgrounds of privacy and data protection (Cookies, Logfiles, Firewalls, etc.).

5.5 User generated content on Studymee is, especially according to under point 3,5,6,7 and 9 listet conditions intellectual and legal property of the user who uploaded the congrous data into the platform. With releasing particular files/information the user can share those with other members. With uploading data or information into the platform the terms&conditions of usage and publication within the platform Studymee get approved automaticly. This can be objected by deleting the particular data.

6. Liability of the operator

6.1 The operator, his responsible representatives, employees and staff members are not liable for any content of the publications of the users. This applies especially to user generated content that violates the personal rights or the intellectual property (trademark rights, copyrights, etc.) of third-parties. This liability exclusion obtains similary for contents of webpages that got linked by users from studymee without the awareness of the operator. As soon as Studymee finds out of any infringement on linked webpages, the related links will be removed immediately.

6.2 The operator is not liable for the accuracy of user generated content or registration- and profile-indications that are provided by the user. The operator is not liable for possible misusage of data and information.

6.3 The operator is not liable for commercial, physical or intangible damages or losses, that obtain with the usage of the networking- and communication-platform, as long as the damage is not a verifiable result of premeditation or gross negligence of the operator or his employees.

6.4 The operator exerts himself to ensure a orderly operation of the platform at any time. But the operator does not guarantee the uninterrupted usability resp. availableness of Studymee though, and he is not liable for technical transmission delays or outages. Technical disturbances or necessary maintenance work can cause a temporary interruption of Studymee services for instance.

6.5 The operator is not liable for unauthorized obtained knowledge of personal data by third-parties (e.g. an unauthorized database access by "Hackers"). The operator is also not liable for the misusage of indications and data that were released by users to third-parties themselves.

6.6 The operator reserves the right (but does not commit) the verify each uploaded text or images resp. grafics of compliance with laws and rights, and reserves the right to remove those if necessary partly or totally.

6.7 The operator is entitled to shut down Studymee services totally or partly and to erase user data without giving specifications at any time. In such case any claim of damage of the user is especially debarred.

6.8 Out of Studymee linked webpages have been reviewed for illegal content at the time of entering the link. Illegal content of the linked webpages has not been visible at the time of linkage. Studymee has no influence on the content of the linked webpages, nor it is possible to review the linked webpages content steadily as this is not reasonable without any hint of infringement at the linked webpages. As soon as Studymee does record any kind of infringement at a linked webpage, related links will be removed instantly from the platform.

7. Responsibilities of Users

7.1 The user is responsible for the indications of his registration and with this for all informations that he does provide about himself. He ensures that no laws or rights of third-parties will be violated by his behavior or by him uploaded contents (texts, files, media, etc.) and he especially preserves the genereal right of privacy, of ethics and of intellectual properties.

7.2 It is forbidden to bill or exchange passwords, codes or serial numbers of any kind through the platform.

7.3 Further it is forbidden to create profiles with the intention of reading, storing, redacting, altering or forwarding information abusively or to misuse data in any manner.

7.4 The user ensures that the at Studymee provided personal data (including the image of the own persoan) comply with truth and descibe the user personally. He additonally ensures that he uses the platform outtaken for personal but not for commercial or economical kinded purposes and that he will not forward confident data to third-parties with the purpose of commercial advertisement or advertisement of political parties and/or candidates. Finally he ensures never to spread illeagal content of any kind throughout Studymee.

7.5 The user may only use the services of Studymee in purpose of private exchange of information, of educational self-improvement and of mutual wanted private contacting. Any kind of so called "Mass-Mögeln" is strictly forbidden.

7.6 The user has to treat e-mails and meassages confident especially according to the law of privacy of letters and telecommunications and may only make those accessable for thirds with the specific approval of the sender. This applies also to names, images, telefon- and fax-numbers, address data, e-mail adresses and/or URLs. Any offenses against privacy, especially any abusive usage of such kinded data by manual or automaticly reading, storing, redacting, spreading, deleting, etc. will be prosecuted.

7.7 In addition the user may not intercept e-mails or messages of others and my either not try this. The user may only send emails or comparable messages in purpose of private communication, but not to tout or offer goods or services to other member. Especially chain letters, ponzi schemes, contests, lotteries, pyramid selling or multi-level-marketing may not be send or organized on or through the platform.

7.8 Under no circumstances the user may outrage any existing law with the usage of Studymee services or use provided services in way that would invluence the availablity of Studymee services negatively to other users.

Without prejuding possible penal responsibilities of the user, contents are especially illegal if they:

are propaganda material according to §86 of the penal code of the FRG and include content that is aligned against the liberal democratic polity or against the fundamental idea of the understanding among people, are marks of unconstitutional organisations in term of §86a of the penal code of the FRG and which content is aligned against the liberal democratic polity or against the fundamental idea of the understanding among people, stoke hate against sections of populations or spur on against national, racial, ethnic, religious or by national tradions defined groups, so they prompt violent actions against them or affort the human dignity of others, so that parts of the population or of a specific group get insulted, abused, malicious despised or slandered, delineate a under the rule of national socialsm commited action in terms of § 6 par. 1 und § 7 par. 1 of the peoples penal code in a way, that is eligible to bother public peace, that denies or belittle cruel and else inhuman violence against people in a way that glorifies or downplay such violence or that delineate the barbarism and inhumanity of the action in a way that breaches the dignity of man; this applies also to a virtual delineation that is ment as a manual for a indicated illegal act in terms of §126 par. 1 of the penal code of the FRG, that glorifies war, that is against human dignity, especially by picturing people that die or are or were subjected to pysical or mental pain; assents are unremarkable, show children or youth in unnatural sex stressed poses; this applies also to virtual depictions, are of sexual or pornographic kind and/or involving violance, sexual abuse of children or youth, or sexual actings of human beings with animals; this applies also the vitrual depiction of any kind that is imperiling to children or youth.

7.9 Additionally the spreading of defamatory, obnoxious or in any way illegal material, as well as the harassment or threat and the breach of personal rights of other users or other third-parties is abusive.

7.10 It is forbidden to the user to place links to webpages that contain illegal contents at the Studymee platform.

7.11 With the use of the portal, especially with the upload of data and information as well as with the rateing of data and profiles the user is always obligated to act in all consience and in terms of the laws and rules of these T&Cs, the Studymee code of conduct and of moral and ethics.

8. Legal consequence with breach of these terms & conditions

8.1 In any case of a breach of one or several users against one or more clauses of these T&Cs, especially against one or more clauses of the numerals 2.1 to 2.4 and/or numeral 7, the operator reserves the right to excluse the user from the service and to erase all related user data without giving any explanation; in such case any claim of damage of the user is especially debarred. The induction of civil- and/or penal legal actions as well as the assertion of compensation and/or the report of offence are explicitly reserved.

8.2 Regulation of contractual penalties: If a user contraves against one or more clauses of the numerals 2.1 to 2.4 and/or 7, the user is obligated to pay a fine with the first request of the operator. To define the value of the fine the operator has to use equitable discretion that may be verified by the responsible court in case of disputes. Addtionally by request the user is obligated to hand over immediately a, by legal standards contractual penalty approved application for a restrictive injunction. The user of the platform is allowed though to prove a less damage. Accordingly the contractual penalty get only valid in case of culpable infringement of the stated rules. This applies especially for the further regulation of contractual penalties at numeral 9.3.

8.3 The user commits hisself further to take the operator advantage of any lawsuit, damage, loss or claim that could accrue by any abuse of the service or by the offence against the T&Cs by the user. The user obligates himelf specificly to keep the operator free of any liabilities, obligations, expenditures and claims that could be resulted in damages of indignities, of libel and slander, of violation of personal rights, of outage of services for other users, of damage of intellectual property rights (labels, copyrights, etc.) or of any other rights. This commitment includs also all, for the interception of such claims necessary costs of required legal defence (costs of lawyer).

9. Elektronical attacks by hackers, crawlers etc.

9.1 Electronical attacks of any kind on the platform / database / network of Studymee or of single users are strictly forbidden. Any electronical attack concludes to the instant exclusion of the user of Studymee and will be prosecuted.

9.2 As electronical attacks counts particularry, but not finally:

• Attempts of hacking, i.e. trials to bear down, bypass or any other way to override the safty barriers of Studymee
• Exertion of computer programs for automaticly read out of data, as e.g. crawler (aka "Spider" or "Robot", short: Bot)
• the purposly usage and/or spreading of viruses, worms or trojans
• the use of links, programs or other processes that shall or could damage the platform, / the database / the network of Studymee or of single users.
• brute force attacks
• mass-spamming

9.3 Regulation of contractual penalties: In case of a culpable contravention against the interdiction of electronical attacks (numerals 9.1 and 9.2) the user obligates himself to pay a fine with the first request of the operator. To define the value of the fine the operator has to use equitable discretion that may be verified by the responsible court in case of disputes, but at least Eur 10.000,00 (in words: tenthousand euro).

9.4 . Addtionally in case of a culpable contravention against the interdiction of electronical attacks (numerals 9.1 and 9.2) the user is obligated to hand over immediately a, by legal standards contractual penalty approved application for a restrictive injunction, that includes in substance (depending to the individual case) the following obligations:

• to refrain instantly from continuing the electronical attack, as well as to refrain from any new comparable attack
• to refrain from forwarding any with the electronical attack gained data to third-parties
• to inform the operator instantly and ample in written form about what third-paries (name, adress, complete contact) got accessable in any way with the conjectually gained data
• to erase any with the electronical attack gained digital data and material completely, finally and irretrievable from all existing devices and to destroy any related analog material (e.g. records, documents, notes, printouts, etc.) totally and irretrievable
• to hand over a legally binding statutory declaration about the completed erasing and destruction
• absolutly muting about conjectually gained data, about the application for a restrictive injunction and about the statutory declaration as well as about all by the attacker gained information about internal concerns of Studymee, especial towards internet forums, blogs or against press and media - if not the discolure of specific information to authorities is obliged by public rules or required to protect legal claims upon counts.

10. Inclusion of third-parties

The operator is entitled to engage third-parties to yield parts or it´s entire service spectrum. The data privacy keeps inviolated of this.

11. Severability clause

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

12. Place of jurisdiction and applicable law

The Studymee webside is appropriate or available for viewing or downloading at locations in other countries world-wide. If Users access the Studymee site from other countries, they are themselves exclusively responsible for compliance with all local laws. Access to the Studymee website's information, software and/or documentation from countries, where such content is unlawful is expressly prohibited. These Terms of Use shall be governed by the laws of Germany, excluding the purchasing law of the United Nations. As far as legitimate the place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Berlin-Charlottenburg.