Preamble

Upon registration as a user of E-vendi the user (hereinafter referred to as the "User") acknowledges and agrees that these General Terms and Conditions (hereinafter referred to as the "GTC") shall be binding to the contractual relationship between the User and E-Vendi.
E-Vendi operates the services of E-Vendi on the Internet under various top-level-domains (e.g. mye-vendi.com, e-vendi.biz), as well as under various sub-domains and aliases of such top-level-domains. The entirety of the websites on which E-Vendi provides the services of E-Vendi are hereinafter collectively referred to as the "E-Vendi-Websites".
These GTC shall govern the contractual relationship between the User and E-Vendi irrespective of from which of the E-Vendi-Websites the User registers with or logs in to the E-Vendi-Websites.
E-Vendi offers the services of E-Vendi exclusively to natural persons of legal age whose professional status is either self-employed or freelancer.

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1. Subject Matter

1.1. The openBC-Websites offer two alternatives of use to registered users: (i) a private contact forum free of charge (membership in this forum is hereinafter referred to as the "Complementary Membership"), and (ii) a private communication forum for the initiation of business contacts (membership in this forum is hereinafter referred to as the "Premium Membership").
1.2. Details about the applicable fees for the Premium Membership are set forth on the openBC-Websites under "Benefits". The fees listed under "Benefits" are binding. Payments for the Premium Membership shall be due and owing immediately after the successful registration by the User. The User may effect payment by (i) the automatic debit transfer systems offered by openBC, (ii) the accepted credit cards, or (iii) by means of the available online payment systems. If openBC cannot collect any fees due and payable from an account designated by the User due to lack of coverage of said account, the User shall bear all costs arising therefrom, including without limitation bank charges related to any debit entries and/or similar charges. openBC is entitled to deliver invoices for the Premium Membership fees by e-mail to the User, and in addition openBC shall provide said invoices for download by the User in the Premium Membership area of the openBC-Websites for a period of one (1) year from the date of invoicing.
1.3. Any use of any of the services and/or contents offered on the openBC-Websites in excess of the scope of use as provided by openBC is inadmissible without the prior written consent of openBC.
1.4. openBC shall make available all data and/or information provided by the User, unless said data and/or information breaches (i) any applicable law or statute or (ii) any of the terms and conditions of these GTC. openBC is entitled to remove any data and/or information not in compliance with the foregoing provision without giving prior notice to the User.
1.5. The User acknowledges and agrees that it is technologically impossible to achieve a 100 %-availability of the openBC-Websites. openBC shall strive to constantly provide the openBC-Websites to the extent possible. Events such as for example maintenance works, safety or capacity requirements, and/or events beyond openBC's reasonable sphere of control (e.g. disruptions in public communication networks, power failures etc.), may result in short disturbances or in temporary interruptions of the services provided on the openBC-Websites.
1.6. openBC offers openBC's Internet platform solely with the intent to bring the User together with other users, and openBC merely provides technological applications allowing the User to contact other users. In no event shall openBC participate in any communication among the User with other users. If the User enters into agreements with other users via the openBC-Websites, openBC shall not be a contracting party to these agreements, and in no event shall openBC be responsible for the execution and/or fulfillment of contracts between the User and any other user. openBC does not warrant nor represent that the User may successfully establish the contact to any other user regarding any agreements made via the openBC-Websites. Further, openBC shall not be liable to any user for a breach of duties under these agreements.

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2. Registration and Warranties upon Registration

2.1. The User must register prior to using any of the services on the openBC-Websites.
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 openBC without undue delay.
It is inadmissible for the User to use pseudonyms or pen names.
2.3. The User warrants and represents,

• that the User is of legal age at the time of registration,
• that the User's professional status is either self-employed or freelancer
• that the User uses the openBC-Websites exclusively in the User's commercial activities.

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3. Obligations of the User

3.1. The User is obliged
3.1.1. to provide true and non-misleading statements in the User's profile and in the User's communication with other users, and to refrain from using any pseudonyms or pen names.
3.1.2. to transmit to the openBC-Websites only photographs of the User which are not older than two (2) years and which clearly and plainly identify the User. The User warrants and represents that the public display of the photographs delivered by the User to the openBC-Websites is permitted by law. The User shall not transmit any photographs or images of any other person than of the User, nor of non-existent persons or other beings (such as animals, fantasy beings, etc.). The photographs delivered by the User shall not contain any company logos.
3.1.3. to comply, when using the contents and services on the openBC-Websites, with all applicable laws and statutes, including without limitation all intellectual property rights and any other rights of any third party. In particular, without limitation, the User shall not,

• use any insulting or defamatory contents, regardless of whether said contents addresses any other user or any personnel of openBC or any other companies,
• use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and the User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors,
• unreasonably disturb any other user, in particular by using SPAM (cf. ? 7 of the German Unfair Competition Act),
• use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
• use or promote any unfair competition commercial practices, including without limitation progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).

• Sending chain letters,
• Sending identical private messages to more than one (1) user at the same time,
• Performing, advertising and promoting any form of multi-level marketing, or
• * Using any insinuating or sexual communication, neither suggestive nor explicit.

• Use of any mechanisms, software or scripts in connection with the use of the openBC-Websites. However, the User may use the interfaces or software provided by openBC within the scope of the services available on the openBC-Websites.
• Blocking, overwriting, modifying and copying of any contents of the openBC-Websites, unless said actions are mandatory for the proper use of the services on the openBC-Websites. For avoidance of doubt and as an example, the use of "Robot/Crawler"-search engine technologies is not mandatory for the proper use and is therefore inadmissible;
• Distributing or publicly displaying the contents of any of the websites of openBC or any other user,
• Performing any actions which may impair the operability of openBC's infrastructure, including without limitation actions which may unreasonably overload said infrastructure.

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4. Changes in the Services on the openBC-Websites

openBC reserves the right to modify the services offered on the openBC-Websites and/or to offer different services than the ones offered at the time of the User's registration at any time, to the extent reasonable to the User.

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5. Termination of Membership, Repayment of Advance Payments

5.1. The User may terminate the Complementary Membership at any time without cause. The User may deliver notice of termination using the contact form provided under the link "Contact" accessible from each of the openBC-Websites. The termination notice shall include the registered name of the User and an e-mail address of the User registered on one of the openBC-Websites.
5.2. The User may terminate the Premium 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, without cause, giving seven (7) work days notice. The User may deliver notice of termination using the contact form provided under the link "Contact" accessible from each of the openBC-Websites, or by facsimile or letter post. The termination notice shall include the registered name of the User and an e-mail address of the User registered on the openBC-Websites. If the User has terminated the Premium Membership, the User is entitled to retain a Complementary Membership until its termination. The provisions of this Section 5.2 shall not affect the User's rights to terminate the contract for good cause.
5.3. openBC may terminate the contract in accordance with the applicable laws and statutes. If openBC terminates the contract for good cause, openBC may do so without any term of notice. A good cause is defined as an event, which makes it unacceptable for openBC to continue the contract until the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of openBC against the User's. A good cause includes without limitation any the following events:

• If the User does not comply with any applicable law or statute,
• If the User breaches a contractual obligation, in particular an obligation set forth in Sections 2 or 3,
• If the reputation of the services offered on the openBC-Websites is substantially impaired by the online-presence of the User (if, for example, it turns out after the registration of the User that the User had been convicted legally binding of a criminal offense, and if said conviction is known to other users),
• If the User promotes any communities or associations (or any of their methods or activities) under observation by the competent authorities for the public safety or the protection of minors, or
• If the User causes damage to any other user(s).

• delete the contents provided by the User,
• issue a warning, or
• block the User's access to the services on the openBC-Websites.

• If openBC has terminated the contract for good cause pursuant to Section 5.3,
• If openBC has blocked access of the User in accordance with to Section 5.4, or
• If the User has terminated the contract; however, the User's right to claim repayment of any of the User's advance payments shall not be excluded if the User has terminated the contract upon a good cause attributable to openBC.

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6. Responsibility for Data and/or Information provided by the User

6.1. openBC does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the openBC-Websites or on any external websites linked to. In particular, without limitation, openBC does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose(s).
6.2. The User may report any activities of any other user(s) not in compliance with (i) the applicable laws or statutes or (ii) any of the terms and conditions of these GTC using the contact form provided under the link "Contact" accessible from each of the openBC-Websites.

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7. Restriction of Liability

openBC - including any person engaged in performing any obligation under this contract - shall be liable for damages under any claim based on normal negligence only, if openBC breaches a basic obligation under this contract. In this event, openBC shall not be liable to the User for any amount representing damages in excess of characteristic and foreseeable damages
These restrictions shall not apply to the extent to which damages are covered under openBC's business liability insurance and further provided that the insurance company has effected payment to openBC. openBC agrees to uphold the coverage of this insurance as given at the time of the execution of the contract.
Claims for personal injuries and claims based on the German Product Liability Act shall remain untouched.

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8. Indemnification

8.1 The User warrants and represents that any contents, data and/or information in the services of the openBC-Websites provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these GTC, when using the openBC-Websites. The User shall indemnify and hold openBC harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. openBC reserves all further rights and claims for damages.
The User's obligations under this Section 8.1 shall not apply to the extent the relevant infringement is not attributable to the User.
8.2 In the event the contents provided by the User infringes any rights of any third party, the User shall, at its own expense and at openBC's discretion, either provide openBC with the right to use said contents or render said contents free of any infringement. In the event the User breaches any applicable laws or statutes or any of the terms and conditions of these GTC, when using the openBC-Websites, the User shall refrain from such unlawful or contrary to contract usage without delay, if so requested by openBC.

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9. Data Protection

openBC acknowledges and agrees that any data provided by the User to openBC is extremely important to the User and openBC shall therefore be particularly sensitive in dealing with said data. openBC shall adhere to all applicable statutory provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable laws and statutes on data protection). In particular, openBC shall not disclose any personal data of the User to any third party without being entitled to do so. Details on openBC's treatment of the User's data are set forth in the Data Protection Policy of openBC accessible from each of the openBC-Websites.

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10. Final Provisions

10.1. The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.
10.2. openBC reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. openBC 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. openBC 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 openBC using the contact form provided under the link "Contact" accessible from each of the openBC-Websites, by letter post or by facsimile. openBC may submit notices to the User by e-mail, facsimile or letter post to the addresses the User has provided as the User's current contact data in the User's 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.
10.5. The place of delivery of any obligations and/or performances under these GTC shall be openBC's main place of business.
10.6. To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these GTC and/or the contractual relationship between the parties shall be openBC's main place of business.
10.7. These GTC and the contractual relationship shall be governed exclusively by the applicable laws and statutes of Germany, without regard to its choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Hamburg, 05.08.2005

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