The portal "joborama.de." is a job exchange for the fields of sports, fitness, wellness, tourism, hotel business and catering trade which allows employers, suppliers of independent activities, private work mediators, seekers for jobs and apprenticeship training positions to consult and/or place own offers. The following general terms of use regulate the use of the internet offer for taking out advertisements of job provider or job seeker by the user. These general terms of use regulate the legal relationship between the parties in conclusion. The validity of possible general terms of the user is expressly excluded. With the use of the web site the user gives his complete agreement opposite joborama.de to these general terms of use. Otherwise the use of the joborama web site and the services offered are not allowed to him. Joborama.de reserves the right to modify or replace these terms of use with effect for the future at any time. Changes will be communicated on the joborama web site. For this purpose, please look onto our web site at regular intervals. The further use of the joborama portal is only possible if the modified terms were approved.

1. In principle, every individual or legal entity (in the following described as: “user”) is entitled to use the portal joborama.de. Individuals must be of age and contractually capable; minors require the consent of their parents or guardians. In order to be able to guarantee a consistently high quality of our offer, joborama.de, unfortunately, must expressly exclude the following persons and enterprises from the use of the job exchange:
   
   • Suppliers of multinational – level - marketing,
   • Structure sales,
   • Offers with erotic contents and similar.
   • Suppliers making incomplete and/or false statements about their enterprise, business purpose, legal form and/or contacting person.
   In principle, job advertisements which do not have any informative and/or misleading name are deleted.
2. With the acceptance or the submission of an offer the respective user gives his express consent, that joborama.de will save and process the data of the user for the provision of the service agreed upon.
3. Joborama.de reserves the right to exclude users without advance notice and without information of reasons from the publication of job advertisements and the further use of the job platform altogether, to modify the offer and/or to finish the labour market service.
4. Offers which violate legal provisions as regards content (e.g. minimum working conditions; discrimination bans; AGG) or the morality must not be put on the portal joborama.de. In case of contraventions joborama.de will remove such offers. Offers for an activity which predominantly is not subject to directives or concerning labour law independent are removed just at bare suspicion of a violation (e.g. pyramid scheme etc.).
5. Joborama.de is willing to contradict the use of the data of the portal joborama.de for marketing purposes according to §§ 28,9 BDSG and points out to the fact that unsolicited e-mail advertising is illegal and justifies a costly warning. Inadmissible marketing purposes are also given when applicants are contacted quantitatively and qualitatively reasonable with respect to sought offers. Joborama.de will delete the responsible account after corresponding cases have come to light.

1. Joborama.de provides an internet platform, on which job providers can publish their offers and job seekers their profile. Applicant- and job offers, in particular for jobs, training vacancies, free co-operation, business start-ups, traineeships and jobs (in the following uniformly described as "offers") can be put onto the portal joborama.de.  

Access to the database is made possible for the job provider by granting an access code (user name, password) via which he gets access to the corresponding web sites. The user engages to keep secret and particularly not to pass on to third parties this access code. A registration can only be carried out when the user has read and accepted the terms of use of the portal joborama.de. The user is obliged to make only truthful statements for the registration and to inform immediately joborama.de about possible later modifications. The user is liable for all activities carried out under his user name. There is no claim to registration by joborama.de. Joborama.de is authorized at any time without communication of any reasons to revoke the access right by blocking the access date. This does particularly apply if the use made false statements at the registration, violates the terms of use or other right on the access or for the use of the joborama web site or if he has not used the joborama web site over a longer period of time. The user can demand the deletion of his registration at any time provided that the deletion does not stand contrary to the implementation of current contractual relationships.

1. The publication of a job advertisement in the joborama.de portal is with costs. The contract takes place if joborama.de
   
   • confirms in writing or by e-mail the job advertisement,
   • has published the advertisement over the online forms on joborama.de or
   • the job advertisement is distributed on the Internet.
2. The user is always informed about joborama.de by e-mail about the publication.

1. Job advertisements are published on receipt of the advertisement on joborama.de within one working day (Monday till Friday). Delays which arise due to the contents of the advertisement text for publication provided by the user, no matter if they are technically conditioned or with regard to content, are generally not represented by joborama.de. Job advertisements are callable on the web sites of joborama.de for the duration of the contract if the user does not wish to deactivate them before. An early deactivation of the advertisement on request of the user does not lead to reimbursement of costs, a price discount or a credit note. If the interest of the user at the upkeep of the advertisement is discontinued before expiry of the time agreed upon, e.g. because he has found a suitable applicant, no cut of the contractual considerations is carried out.
2. The contract ends with expiry of the time agreed upon. It does not automatically prolong itself. A later prolongation is possible at any time. If the user wishes a prolongation of the contractual relationship, a new assignment is required. The user is informed about the possibility of prolongation at the end of the running time.
3. Joborama.de is entitled to termination without notice if the user violates considerably his contractual duties or if he files for bankruptcy.

1. In the context of the publication of the job advertisement the job alarm is also sent out by e-mail to all interested job seekers. These are additional and voluntary services of joborama.de to which there is no entitlement but for which no additional costs will arise.
2. Users of the e-mail service job alarm agree by insertigng their electronic mail address to be informed about current job advertisements of joborama.de in accordance with their indications. If this service should no longer be desired, one can log out oneself on joborama.de or send us a formless e-mail via the web site.

1. The user guarantees that he will only publish information corresponding to true facts. Joborama.de reserve the right not to publish advertisement orders (incl. banners) because of their content, their origin or the technical form according to uniform, relevantly justified principles. This does particularly apply when the content of the advertisement violates legal or official bans or morality, when it is improper or the publication for joborama.de is unreasonable for other reasons. Particularly such contents of job advertisements are improper which do not exclusively serve the initiation of a concrete employment status. Joborama.de is authorized to delete such job- and other advertisements from the offer without a previous warning of the user.
2. In principle, joborama.de gives the employers the possibility of looking free of costs at the curricula vitae of the applicants in the job application area on joborama.de and contacting them by e-mail form. However, it is not allowed to send notices to the job seekers which have doubtful contents or which represent a violation of morality. Furthermore it is not allowed to send mass mailings (spams) to the persons in our database for job seekers or other contents which have nothing to do with the primary employee search in the context of these terms of use.
3. The user assures to keep all regulations of the data and personality protective right. In case the user behaves in a way that is contrary to the contract, illegal with regard to personality and data protection, joborama is entitled to stop the service provision by blocking the access and reserves the right to remove these contents without previous warning from the offer. The user is immediately informed about such a measure. A refund claim of the user is not substantiated by that.
4. The access to our data base for job seekers by enterprises competing with joborama.de is generally inadmissible, in particular as far as the access is carried out for customer headhunting and authorizes joborama.de to assert legally equivalent injunctive reliefs without previous warning.
5. Joborama.de tries to present applicant photos being as current as possible. The job applications are at most six months old. After expiry of this period the applicants have to report back actively in order to confirm their availability at the labour market. Joborama.de, however, cannot guarantee that the contents and e-mail addresses remain without errors within these six months.

1. Publishing a profile on joborama.de is cost-free.  As job seekers the user agrees that his personal details are published on joborama.de. Furthermore joborama.de reserves the right to distribute also elsewhere the online curriculum vitae of the user, particularly at fairs, conferences and congresses at which joborama.de present themselves. The user also approves of the fact that other users of joborama.de access his data and contact him by e-mail.
2. Joborama.de cannot guarantee that the user receives only "serious" or interesting offers. Joborama.de nevertheless tries to exclude "black sheep" from the service in order to offer a faultless service. Not adequate job applications are deleted without consultation.
3. The user agrees, that he receives a request for the update of the petition from joborama.de by mail every three months. If the user of this request does not follow his request or if his e-mail address is no longer available, the petition is deleted. The greatest possible topicality of the applications shall be ensured by that.
4. The use of the data base for job seekers is only allowed for the personal use. Any passing on of the use possibility to third parties is forbidden provided unless it was agreed upon separately. The user may only establish hyperlinks from his web site to the applicant database as per agreement.

1. If the task of the job advertisement is a mutual commercial transaction the user is immediately obliged to check the posted advertisement and to admonish immediately possible defects opposite joborama.de. The notice period with such kind of commercial transaction begins in case of apparent flaws with the first publication of the advertisement, in case of hidden flaws with their discovery. If the punctual notice of defect ceases, the job advertisement is regarded as approved defect-free.

1. Upon request joborama.de tries to carry out modifications of the distributed advertisement of the user during the publication period provided that this is reasonable for joborama.de as regards content and technology. Those modifications are excluded that concern the identity of the job advertisement so that in case of the modification not only the original but a new job advertisement is published.
2. Modifications which have to be caused with small effort by joborama.de are carried out free of costs. If this is not given, then joborama.de will inform the user about this and carry out the desired modification of the job advertisement against calculation of the time and expenditure involved costs only if a corresponding confirmation of the user in writing or by e-mail has been received.

1. Joborama.de is entitled, however not obliged, to distribute the advertisement elsewhere, particularly by fax on call or telephone. In addition, joborama.de is entitled, however not obliged, to publish the advertisement in every freely determinable print media, (or having it published by third parties). These are additional and voluntary services of joborama.de for which no additional costs arise for the user.
2. It is pointed out to the user that it cannot be ruled out completely as per the present state of technology that the advertisements published on our web sites are published by other internet providers as a copy, link and/or by means of frames disguised as proper offer. Joborama.de will do their best to stop copying, linking and/or framing within the bounds of the technical and legal possibility in the aforementioned meaning. For this purpose the user already assigns all possibly required declarations of consent to joborama.de with first use of the portal. However, if it should come to an unauthorized linking and/or framing, the user can derive no claims from that against joborama.de.

1. Joborama.de reserve the right to modify and shorten advertisement texts as well as to modify the categories if this seems reasonable. Such measures serve for the clarity of the advertisement itself and the structure of the offer of joborama.de. Joborama.de reserves the right not to carry out orders by the user or to remove service elements already published on the internet without previous communication as far as the contents to be published violate legal regulations, official bans, rights of third parties or morality ("inadmissible contents"). Same applies if links are set on service elements in order of the user which lead directly or indirectly to web sites with inadmissible contents. The payment duty of the user remains untouched by this. The user exempts joborama.de on first request from all claims which third parties assert because of inadmissible contents or other contraventions which are to be represented by the user. The exemption comprises the required prosecution costs.
2. The job advertisements of joborama.de are exclusively based on the self-information given by the job providers and are not checked for their correctness as regards content. For the offers published on joborama.de the user has the exclusive responsibility regarding press-, competition law etc. who has published them or in whose order they were pasted. With minors the responsibility lies with their parents or other legal guardians. It is forbidden for the user to use contents which violate legal or official bans or morality. Pornographic, political and/or religious contents are inadmissible. The user alone is also responsible for the fact that the contents and material he made available (e.g. photos, texts, data etc.) are free from the copyright, competition law related performance protection and other rights of third parties.. Joborama.de is neither able nor obliged to check the advertisement for its formal correctness and correctness of content and completeness, lawfulness, admissibility or violations against claims of third parties. Therefore, joborama.de does not assume any responsibility for damages which have resulted for users or third parties by the usage of the offers. The user is obliged to exempt joborama.de from the claims of third parties which do in any way result from the execution of the advertising order against joborama.de. Joborama.de is authorized to engage a proper lawyer to do their representation. The user bears the costs.
3. Joborama.de contains links ("reprimands") to other web sites. From these pages the user can get to web sites which are carried out by independent third parties. Joborama.de takes no responsibility for the data protection practices or the contents of this web site. For illegal, faulty or incomplete contents and particularly for damages which result from the use of interlinked information the provider of the site alone to which was referred to, is liable.

Joborama.de does not return presentations to the users. For this purpose the user should make copies of all documents in his own interest. The duty of storage by joborama.de ends three months after first publication of the job advertisement.

1. On publication of job advertisements the user pays to joborama.de subject to another written agreement the remuneration which results from our price list that can be taken from the internet online via www.joborama.de. The price list which is published on receipt of the user offer of joborama.de on the internet is valid. All prices are calculated plus the legal VAT being valid at the time of the service provision. With the prices all additional charges like telecommunication, data transfer, copies, etc. are compensated.
2. After conclusion of the contract the user receives an invoice over the job advertisement engaged by him. This invoice is payable without discount or cash discount within 14 days after date of invoice. If the user falls behind with payment of the invoice and if he does even not pay further to a reminder, joborama.de reserves the right to hold back their service, e.g. blockage of the job advertisement, until the user has paid. The obligation to pay of the user remains untouched by that.

1. The contract covering the publication of a job advertisement does not comprise any assignment of property rights or rights of use, licences or other rights at the software to the user. All rights at the used software, at characteristics, titles, marks and copyright and other commercial rights fully remain with joborama.de.
2. joborama.de herewith forbids
   
   • the partial or complete utilization or copy of their database;
   • the use of the offers published in the database for other purposes than immediately for the initiation and taking up of apprenticeship training positions, employment relationships as well as independent activities;
   • copying, distribution, exhibition, performance, demonstration and forwarding as well as communication by picture or sound carriers or of broadcasts from the portal joborama.de.
3. If joborama.de prepares the job advertisement for the user, joborama.de purchases all rights at the job advertisements which are prepared and published, particularly copyrights or other ancillary copyrights. This does not apply to the rights in the materials and texts, which the user has delivered to joborama.de as a model for the offer. The rights of joborama.de rather apply to the HTML layout made by joborama.de. Also with payment of the consideration the user does not receive any rights in this HTML layout.

1. Joborama.de merely provides the possibility for the access to the services to the user and does not take on any liability for the correctness in the services of the job seekers.
2. Joborama.de therefore only ensures a best possible availability of the data complying with the respectively usual technical standard. The user, however, knows that according the state of technology it is not possible to elaborate a program being completely free from errors and that it is possible that our data and services are not always available without the fault of joborama.de,
   
   • with the use of an unsuitable representation soft- and/or hardware (e.g. browser) or
   • by disturbance of the communication nets of other operators or
   • by computer failure at the internet provider or online services or
   • by incomplete and/or not updated offers on so-called proxy servers (intermediate memories) of commercial and non-commercial providers and online services or
   • at acts of god (strike, natural disasters, terrorism etc.).
3. In case of advertisements the user has a claim to prolongation of the publication of his advertisement for the duration of the failure in case of the above events.
4. In case of an unsatisfactory reproduction of the job advertisement by joborama.de the user has a claim to a faultless substitute advertisement, however, only on the scale in which the purpose of the advertisement was affected. If joborama.de is not prepared or unable to do that, it is delayed over adequate delays for purposes which joborama.de has to represent, or if placing of a substitute advertisement fails in another way, the user is authorized to withdraw from the contract (withdrawal) or the demand a reduction of the advertisement price (reduction).
5. Furthermore joborama.de ensures a representation and publication of the job advertisement according to the state of technology on conclusion of the contract. Because of the variety of the hardware and software in use, joborama.de is not able to comply with the different technical prerequisites of the user. For this reason joborama.de ensures the trouble-free operation only for such hard- and software (i.e. browser) which joborama.de releases on conclusion of the contract. Joborama.de tries to comply with the ideas of the user regarding the layout of his job advertisements (according to the current state of technology) in the best possible way. However, the putting into practice on the internet can only orient itself at the model, but not copy it identically.

1. Joborama.de is only liable in cases of firm intention or gross negligence and for the injury of essential contractual duties (cardinal duties). In case of slightly negligent violation of the cardinal duties the liability of joborama.de is limited on contract coherent and foreseeable damages.
2. Joborama.de is not liable for the correctness, completeness, legitimacy or admissibility of information which are put on the portal joborama.de by the registered user himself or with the help of colleagues of joborama.de (§§ teleservice law = TmG).
3. If possible, maintenance work, updates and similar work are carried out by joborama.de that way that usage downtimes will not occur. As far as possible this work is firstly announced in the net. In case of interruptions – for what reason soever – demands cannot be made against joborama.de. Interrupted transmissions which can be put down to mains failures on which joborama.de has no influence as well as interrupted transmissions which are caused by acts of God, cannot constitute any claims against joborama.de
4. Joborama.de is not liable for damages which result for the users of the portal joborama.de from computer viruses or other damaging mechanisms which have been brought in by data interchange with private Internet job exchanges or by other users.
5. Joborama.de is not liable for any contacts which are established with the job seekers or which are achieved for a minimum number or minimum quality of applications as well as for investments which are made by the user in the course of this offer or contract conclusion, e.gl. relying upon a minimum number of applications

1. The user is informed hereby in accordance with § 33, para. 1 Federal Data Protection Law (BDSG) that joborama.de save their person related data in machine-readable form and process them automatically for the contract. Joborama.de will process and keep secret the person related data which have become known in the context of this contract relationship considering the Federal Data Protection Law. The employees of joborama.de are engaged on the data protection secrecy as per § 5 Federal Data Protection Law. The obligation to the secrecy is in applicable if the user has particularly indicated or shown by conclusive behaviour that his secrecy need has been dropped, e.g. for the reason that he has declared online his consent for the procurement of his person related data to single or all interested parties.
2. Users, in particular employers, agencies for temporary work as well as private agents who have loaded down and saved or taken up elsewhere the data and offers are obliged to delete them, provided that they are no longer needed. Intention is invited to § § 7 and 8 Federal Data Protecton Law, BDSG.

1. The effectiveness of the other regulations remains untouched with the ineffectiveness of one of the previous regulations. The ineffective clause is replaced thereupon conjointly by one which comes economically and intentionally closest to the ineffective clause.
2. Supplementary agreements, changes and additions to these terms are required in writing for their effectiveness; this also applies to the amendment of this requirement of written form itself.
3. The place of fulfillment for the duties arising from this contract is Duesseldorf.
4. If the user is a merchant, legal entity of the public law or public separate assets or if he does not have any general place of jurisdiction in the Federal Republic of Germany, the district court or county court Duesseldorf is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
5. The law of the Federal Republic of Germany shall apply for all privities of contract of the parties to the contract.