1. Scope of Application
2. Subject of the Contract / Parties to the Contract
3. Registration / Conclusion of the Contract
4. Duration of the Contract / Fee
5. Transfer of Rights / Copyrights
6. Obligations of the User
7. Data Protection
8. Warranty / Liability
9. Cancellation / Withdrawal from Contract
10. Dates / Events
11. Jobs / Job Market
12. Changes to the General Terms and Conditions
13. Applicable Law / Miscellaneous
14. Service Description the account

1. SCOPE OF APPLICATION

These general terms and conditions in the version as amended from time to time regulate the legal relationship between the internet platform PORTFOLIOPOOL and its USERS as well as the relationship between the USERS among each other. They shall apply to all legal transactions and acts similar to legal transactions in this context. Deviant conditions from the USER shall not be acknowledged by PORTFOLIOPOOL unless PORTFOLIOPOOL explicitly accepted their validity in written form. By executing the registration at PORTFOLIOPOOL the USER declares having read and understood and accepted these general terms and conditions. Also the non-registered USER shall accept these general terms and conditions. Otherwise the use of PORTFOLIOPOOL shall be forbidden.

2. SUBJECT OF THE CONTRACT / PARTIES TO THE CONTRACT

2.1 The platform PORTFOLIOPOOL is a complex network for the “Art & Design” sector. This network offers the USERS (creatives, companies and observers) a platform where creatives can introduce themselves and their projects, companies can search for adequate creatives for new projects and observers can have a look around and find inspiration.
The free use of PORTFOLIOPOOL authorizes a diversified offer. This offer contains among other things the setup of a portfolio including upload and storage of data, a calendar with events from the areas art, design, media, film, architecture etc., a job market, the setup of an account and many more offers. For a list of all functions of PORTFOLIOPOOL see number 14 of these general terms and conditions.
2.2 PORTFOLIOPOOL is available at the following address:
Cardiac Communication Ltd.; Scheibenstraße 121; 48153 Münster, Germany, managing director: Gunter Kesselring, Markus König. USt-IdNr. DE245269575
2.3 A contract between PORTFOLIOPOOL and the USER shall be concluded about the use of the website http://portfoliopool.com (hereinafter called “website”). Every natural person or legal person shall be entitled to the use of the website. Natural persons have to be of legal age and legally competent. Minors require the consent of their parents or legal guardians.
2.4 PORTFOLIOPOOL reserves the right to develop further or change parts of the website or the website as a whole without separate notice or to sell or temporarily or definitely stop the website respectively parts of the website due to e.g. technical, economic or judicial reasons. The same shall also apply to information that were put on the website by USERS. Particularly in the event of the permanent stopping of the website due to economic reasons, PORTFOLIOPOOL shall inform the USERS about the upcoming stopping.
2.5 The unrestricted use of all functions of the website is free for all USERS. A description of the functions and services that PORTFOLIOPOOL offers to the USERS can be found under number 14 of these general terms and conditions.
2.6 PORTFOLIOPOOL shall be entitled to charge third parties, service providers and/or vicarious agents with the provision of the whole range of services or parts of it provided that no disadvantages shall result for the USER.

3. REGISTRATION / CONCLUSION OF THE CONTRACT

3.1 For the registration the provided registration form from PORTFOLIOPOOL shall be fully and truly completed and forwarded.
3.2 Every USER shall be allowed to register only once at PORTFOLIOPOOL and affirms with the registration that he or she is not yet a member of PORTFOLIOPOOL respectively has not deleted a formerly existing account.
3.3 The membership is personal and non-transferable. The use of the contents deposited in the closed member area shall be exclusively reserved to the personal use of the member. USERS shall not be permitted to pass their personal login details on to third parties. As soon as it comes to the USER’s attention that his or her personal login details have become accessible for third parties respectively that his or her account is used by third parties the USER shall inform PORTFOLIOPOOL immediately and change his or her personal login details respectively let them be changed by PORTFOLIOPOOL.
3.4 The USER shall choose his or her password him- or herself. The password shall consist of at least eight characters. The user name is the e-mail address.
3.5 PORTFOLIOPOOL reserves the right to refuse a membership in particular cases. If no reasons for refusal of a membership exist, PORTFOLIOPOOL will send a confirmation e-mail containing the most important integral parts of the contract and a link for the activation of the account to the USER. For the conclusion of the contract with PORTFOLIOPOOL the USER shall activate his or her account after receiving the confirmation e-mail. This happens, as a rule, by clicking the link for activation being sent with the confirmation e-mail.
3.6 On PORTFOLIOPOOL three different kinds of USERS do exist: Creatives, companies and observers. Creatives are natural persons who put their own artistic works on the website. Companies are legal or natural persons from the creative industry that can present their creative range of services in the form of an own portfolio and search for potential employees. Observers are legal or natural persons that do not put their own works on the website.
3.7 The USERS shall only register themselves in the user manner described under number 3.7 of these general terms and conditions. PORTFOLIOPOOL reserves the right to delete a USER’s account in case of violation. Already paid fees and charges will not be refunded.
3.8 During the registration procedure the USER has the possibility - by clicking the provided button for it – of transferring the rights to the illustrations put on the website by him- or herself to PORTFOLIOPOOL for the purpose of advertisement. The transfer shall be valid for an unlimited period of time. In particular, it shall not expire with the contractual relationship between the USER that transfers the rights and PORTFOLIOPOOL.
PORTFOLIOPOOL undertakes to use the so transferred rights exclusively for the purpose of advertisement for PORTFOLIOPOOL. The transfer can be revoked at any time in written form. Advertisement that has already been placed at the time of the revocation shall be used by PORTFOLIOPOOL until the scheduled end of the advertisement campaign.

4. DURATION OF THE CONTRACT / FEE

4.1 For all USERS the use of PORTFOLIOPOOL is gratuitous.
4.2 The placing of a job ad as well as the execution of a preselection of applicants by PORTFOLIOPOOL are liable to pay costs. Prices for those services can be reviewed under number 11 of these general terms and conditions.
4.3 Payment transactions to PORTFOLIOPOOL are only accepted via bank transfer, direct debit or paypal and against prepayment.

5. TRANSFER OF RIGHTS / COPYRIGHTS

5.1 The USER grants PORTFOLIOPOOL and, as the case may be, contractual partners of PORTFOLIOPOOL the necessary, not exclusive and worldwide, timely unlimited rights to use the contents put on the website by him or her exclusively for the provision of services offered on the website and solely to the necessary extent. Contained herein is e.g. the storage and copying of the contents and the right to make them available to the public. The right to make available to the public ends with the moment when the USER removes a content put online by him or her from the website.
Number 3.9 of these general terms and conditions shall remain unaffected.
5.2 The USER expressly declares that he or she can freely dispose of contents contributed by him or her and that an effective transfer of rights to PORTFOLIOPOOL is not encumbered with copyright, ancillary copyright or trademark law or any other rights of third parties.
5.3 All copyrights and ancillary copyrights shall be reserved for the beneficiary. Provided that a use is not permitted explicitly and for the precise case, the USER shall not be allowed to download contents from the website, to publish them, to edit them, to broadcast them, to make them available to the public, to use them for advertisement purposes or ulterior, to use them commercially and / or have those actions performed by third parties. This shall particularly apply to all texts, software, source codes, photos, videos, charts and music, as well as their individual parts.
5.4 The USER shall undertake to pay all charges and fees that are entitled to natural or legal persons (e.g. collecting societies) because of the contents published by the USER.
5.5 Shall photos or videos be uploaded that show one or several other person(s) in addition to the USER, the upload shall only be effected if a written agreement of the third party or the third parties is existent.
5.6 Contents which are obviously not longer current can be deleted by PORTFOLIOPOOL without notification of the USER.
5.7 In order to show the contents put online by the USER and to make them conveniently accessible for other USERS PORTFOLIOPOOL shall edit them where required in such a way that they are converted to another format or that previews (e.g. thumbnails) are generated.
5.8 All contents, except for contents added by the USER as well as the conceptual design of the website, are intellectual property of PORTFOLIOPOOL and are proprietary as such.
5.9 Ancillary copyrights on the stored database on PORTFOLIOPOOL are held as a whole by PORTFOLIOPOOL. It is expressly prohibited for USERS to use the database for the setup of personal database.
PORTFOLIOPOOL prohibits herewith:
- the partial or total utilisation or copying of the database;
- the use and copying of the data put in the database as well as their contents by third parties for the purpose of personal procurement or advertisement;
- the copying, distribution, exhibition, performance, presentation or broadcasting as well as the communication by the means of image or sound carriers or radio broadcasting with contents of the website.
5.10 In case of violation of number 5 of these general terms and conditions, PORTFOLIOPOOL shall be entitled to block the USER’s account immediately. A refund of membership fees is not possible in this case. The right to assert compensation is reserved.
5.11 The USER shall relinquish all titles against PORTFOLIOPOOL that result from an infringement of his or her copyrights or other property rights (e.g. ancillary copyright) by using the website; in particular by putting proprietary works on the website.

6. OBLIGATIONS OF THE USER

6.1 The USER shall only use PORTFOLIOPOOL in a manner and for purposes that do not violate applicable German law, European Community Law and / or these general terms and conditions or rights of PORTFOLIOPOOL or third parties. In particular, the following contents shall not be put on the website:
- Contents that glorify respectively trivialise violence. Inciting, racist and anti-Semitic contents.
- Contents that violate rights of third parties, e.g. industrial property rights (trademark laws, copyrights, ancillary copyrights, competition law etc.) or the general personal right (including the right to informational self-determination).
- Contents that violate the law for the protection of the youth, particularly pornographic contents.
- Contents that offend, harass, defame or threaten third parties.
- Contents that infringe ethical principles or violate human dignity.
- Contents that contain incorrect facts or hide the identity of the USER that puts something on the website.
- Contents that serve for the setup of a data pool or for finding new partners in the framework of pyramid schemes.
The upload of hyperlinks that refer to websites that contain contents that are subject to number 6.1 is strictly forbidden.
6.2 PORTFOLIOPOOL shall be entitled to assert claims for damages concerning labour costs and expenditure on material from USERS that have put forbidden contents on the website.
6.3 The USER shall be responsible for every use – that was made possible by his or her culpable behavior – of his or her access data respectively use of the closed member area and for the damage that results as a consequence of the unauthorised use or the transmission of contents.
6.4 Using the offered services shall obligate the USER to give true and full particulars, particularly, about age, name and address. This shall particularly apply to a registration, if necessary, of the USER (see number 3 of these general terms and conditions) and to information that the USER provides for the general public.
6.5 For the contents put on the website as well as for the interaction with other USERS the USER who put the contents on the website respectively on the authority of whom they were put on the website shall bear the sole responsibility. For minor USERS the responsibility lies with the parents or other legal guardians. The same applies to the USER’s interaction with other USERS.
The USER shall exempt PORTFOLIOPOOL from all claims of third parties that result from a violation of the rights of third parties.
6.6 Contents that were uploaded on the website can be deleted at any time by the USER that put them on the website.
6.7 PORTFOLIOPOOL prohibits a use of the website for marketing purposes according to §§ 28, 29 BDSG (Federal Data Protection Law) and points out that unsolicited e-mail advertising is illegal and legitimates warnings liable to pay costs. Illegal marketing intentions are also given when USERS are contacted (e.g. via the mailbox function) in a qualitative and quantitative inappropriate manner. The posting of unsolicited mass letters (e.g. spam e-mails) and the setup and operating of a pyramid scheme via PORTFOLIOPOOL is strictly forbidden.

7. DATA PROTECTION

7.1 PORTFOLIOPOOL uses personal data of the USER exclusively for the provision, use, analysis and, if necessary, for the billing of the demanded services, unless the USER has expressly agreed to a further use of data or PORTFOLIOPOOL is legally obligated to disclose the data. The USER can revoke the consent at any time in written form.
Personal data shall only be stored for the period of time that is legally admissible. Data that are linked to payments made by USERS shall be treated as confidential.
7.2 If necessary, PORTFOLIOPOOL shall work together with a web analytics company that uses user data (e.g. the IP address of the USER) for analysis of the website.
7.3 PORTFOLIOPOOL shall employ cookies, if necessary, to allow a comfortable use of the website for the USER. If the USER does not wish for that, the use of cookies can be excluded through corresponding configuring of the browser. In general, it can be made use of the offer of the website without activated cookies. It is possible, however, that the USER does not have access to functions of the website when the use of cookies is excluded.

8. WARRANTY / LIABILITY

8.1 PORTFOLIOPOOL shall not be liable for content, topicality, completeness, accuracy, freedom of rights of third parties, legality and / or availability of contents provided by the USERS.
8.2 The USERS can place hyperlinks to internet pages of third parties on the website. PORTFOLIOPOOL shall not be responsible for contents put on those internet pages and distances itself from those contents. PORTFOLIOPOOL does not check the contents of those internet pages and does not adopt their contents as its one. Does a USER access those internet pages, he or she acts on his or her own risk. If PORTFOLIOPOOL discovers violations of the applicable law, that will lead to the immediate deletion of the corresponding links.
8.3 PORTFOLIOPOOL shall not be responsible for content, topicality, completeness, accuracy, freedom of rights of third parties, legality and / or availability of the contents put on the website by PORTFOLIOPOOL itself. PORTFOLIOPOOL shall not warrant a quorum or a minimum quality of contents.
8.4 PORTFOLIOPOOL shall not be liable for a program free from technical errors and for the availability of provided data and services. In particular, PORTFOLIOPOOL shall not be liable for the right, complete and / or prompt transmission of data. PORTFOLIOPOOL shall also reserve the right to stop their services as a whole or partially without giving reasons.
8.5 PORTFOLIOPOOL shall not be liable for the event that personal user data has come to the attention of third parties (e.g. through a hacker attack).
8.6 PORTFOLIOPOOL reserves the right to change, disconnect and delete data, services and / or information.
8.7 The technical requirements for the use of the website can be seen here. PORTFOLIOPOOL reserves the right to change the technical requirements for the use of the website. It shall be incumbent on the USER to maintain those conditions.
8.8 PORTFOLIOPOOL does generally not check the offers put on the website by the USERS.
8.9 PORTFOLIOPOOL does not adopt contents put on the website by the USER as its own.
8.10 USERS that downloaded or stored data and / or contents from PORTFOLIOPOOL or recorded them ulterior shall be obligated to delete them according to the legal regulation. It shall be referred to §§ 7 and 8 BDSG (Federal Data Protection Law).
8.11 PORTFOLIOPOOL shall only be liable if damage has been caused grossly negligent or deliberately. Compensation for damages is limited to what might typically be predicted. Deviating from this, PORTFOLIOPOOL shall be liable for every culpable violation of contractual essential primary obligations according to the statutory provisions.
The liability limitations shall also extent to imputable neglects of duty by vicarious agents that have been appointed by PORTFOLIOPOOL.
8.12 PORTFOLIOPOOL shall not be liable for damage caused for the USERS of the website by computer viruses or other hurtful mechanisms.
8.13 In the event of a warranty PORTFOLIOPOOL initially warrants by resolving the error.
8.14 Contributory negligence shall be imputed to the USER (e.g. for the insufficient provision of customer participations, deficient problem reports, faulty organization or insufficient data storage). PORTFOLIOPOOL shall only be liable for the replacement of data if the USER has made the usual and adequate provisions for data storage and thereby ensured that the data and programs that are existent in a machine readable manner can be reconstructed with a justifiable effort. The USER shall particularly be obligated to conduct data storage of every content put on the website and to check the success of that data storage.
8.15 Any claims that arise because of contents that were put on the website by a USER shall be exclusively borne by this USER. The USER shall relieve PORTFOLIOPOOL of all claims from third parties that arise because of contents put on the website by the USER and because of violations of legal norms and / or these general terms and conditions which have to be represented by the USER. The release shall also include the adequate costs of the prosecution and / or fending off claims. The USER shall support PORTFOLIOPOOL or its legal successor in the judicial or extrajudicial assertion of the acquired rights against third parties and particularly give the essential information, provide necessary documents and conduct the necessary relinquishments of rights to PORTFOLIOPOOL respectively to work towards it.
8.16 The observation of these general terms and conditions is of substantial importance for the efficiency of PORTFOLIOPOOL. Therefore PORTFOLIOPOOL shall impose sanctions on a USER if and to the extent to which on the part of PORTFOLIOPOOL concrete indications occur for violations of these general terms and conditions, statutory provisions, rights of third parties and / or morality by the USER. In addition, PORTFOLIOPOOL shall be entitled to remove incriminating contents from the website without prior notice.
8.17 The choice of the imposed sanctions shall consider the justified interests of the concerned USER and, amongst others, also take into consideration if there is misconduct through no fault of one’s own or if the violation was committed culpably and if the misconduct occurred one-time or repeatedly. The following measures and sanctions shall, amongst others, come into consideration for PORTFOLIOPOOL:
- Partial or complete deletion of a USER’s contents,
- Reprimand for a USER,
- Reduction of the use of services on the website,
- Temporary blocking of a USER,
- Definite blocking of a USER.
8.18 If a USER was blocked, a further use of the website is forbidden. In addition, it is forbidden for a blocked USER to register again on PORTFOLIOPOOL. Already paid membership fees shall not be refunded.

9. CANCELLATION / WITHDRAWAL FROM CONTRACT

9.1 The membership shall be concluded for an indefinite period and is terminable at any time (see 9.3.).
9.2 PORTFOLIOPOOL reserves the right to extend a cancellation because of an important reason. An important reason for cancellation is particularly given if the USER violates the obligations described under numbers 5, 6 and 8, disobeys the general terms and conditions repeatedly or if PORTFOLIOPOOL goes out of business.
9.3 The cancellation of the contractual relationship can be carried out by post, facsimile, e-mail, contact form or the function “Cancellation – Delete Portfolio” in the private section of the website. A termination of the user relationship does not have an impact on already arisen claims of PORTFOLIOPOOL.

10. DATES / EVENTS

10.1 PORTFOLIOPOOL shall not accept responsibility for the events and dates put on the website by the USERS. PORTFOLIOPOOL shall not have a bearing on the planning, the process and the execution of the events and dates and shall not be made responsible for hurtful incidents that happen in connection with the events and dates put on the website. In particular, PORTFOLIOPOOL shall not guarantee that the events and dates put on the website actually take place.

11. JOBS /JOB MARKET

11.1 The job market is available for the USERS at a later date.
11.2 The USER is obligated to pay a fee to PORTFOLIOPOOL for placing a job ad on the job market and for the execution of an applicant preselection.
11.3 The placing of a job ad costs for a duration of four weeks 117.81 € including VAT (equals 99 € excluding VAT), for a duration of eight weeks 213.01 € (equals 179 € excluding VAT) and for a duration of 12 weeks 286.79 € (equals 249 € excluding VAT). After the expiration of the duration paid for by the USER the job ad becomes inactive and invisible. The ad is stored for the USER in the private section for three months and is then automatically deleted.

11.4 PORTFOLIOPOOL executes an applicant preselection if requested by the USER. Information about the prices for the applicant preselection is available on request.
11.5 Deviant from number 4.10 of these general terms and conditions, legal persons can pay the fees for the placing of job ads and for the execution of an applicant preselection by settling an account sent by PORTFOLIOPOOL. The obligation of prepayment is not applicable in this case. PORTFOLIOPOOL reserves the right to delete job ads from the website if no payment was received at PORTFOLIOPOOL after 14 days after the placing of the job ad.
11.6 Job offers as well as offers for an apprenticeship, an internship, a traineeship or an independent personal job (in the following consistently referred to as “offers”) can be placed on the job market. PORTFOLIOPOOL shall not give the warranty for a successful conclusion of the procurement of jobs.
11.7 Persons that place offers shall be obligated to treat the received applications as confidential. A transmission of the applications to third parties without the explicit agreement from the applicant is not allowed. In the event of pertinent neglect of duty, PORTFOLIOPOOL shall be entitled to delete further offers from the job market and to block the access to the job market.
11.8 The job description in an offer placed onto the job market shall correspond with regards to content to the job title provided by the system. Offers shall only be placed once into the job market. The publication of offers with an identical content by several user accounts shall not be permitted.
11.9 USERS, particularly entrepreneurs, temporary employment agencies as well as private placement officers, that have downloaded data and offers and stored or recorded them ulterior shall be obligated to delete them accordingly to the legal regulations. It shall be referred to §§ 7 and 8 BDSG (Federal Data Protection Law).
11.10 PORTFOLIOLPOOL shall prohibit the use of the offers placed into the database of the job market for other purposes than immediate initiation and entering into an apprenticeship or employment relationship as well as an individual personal job. The USERS shall not be permitted to copy offers in order to place them on other websites.
11.11 In particular, it shall not be allowed to place the following offers onto the job market:
- Offers that violate statutory provisions (e.g. minimum work conditions, non-discrimination rule, regulations of the law against unfair competition, of the copyright law or the State Treaty on Gambling);
- Offers that violate the General Equal Treatment Act and / or the principle of a gender-neutral job advertisement;
- Offers that undertake monetary or bonus payments to the interested party in the event of presenting a job placement voucher according to Book III of the SGB (Social Security Act).
- Offers that premise the conclusion of a placement agreement that violates § 296 of Book III SGB (Social Security Act).
Violations of those regulations shall lead to claims for damages and cancellation.
11.12 PORTFOLIOPOOL shall have no bearing on the offers and shall not be made liable for claims that result from them. It shall be referred to numbers 6 and 8 of these general terms and conditions.
11.13 PORTFOLIOPOOL reserves the right to refuse offers. PORTFOLIOPOOL reserves the right to delete offers that violate these general terms and conditions.

12. CHANGES TO THE GENERAL TERMS AND CONDITIONS

12.1 PORTFOLIOPOOL reserves the right to change these general terms and conditions at any time. They shall be effective for the contractual relationships received from the time of the amendment on.
12.2 PORTFOLIOPOOL also reserves the right to make changes to the general terms and conditions that are effective for running contractual relationships. In this event, the contractual partner shall have the right to object to the changes within two weeks from the time of access of the changed terms of business. At the latest he or she can do so within four weeks after the publication of the changes on the website.
12.3 In the event of objection the old general terms and conditions shall apply again.

13. APPLICABLE LAW / MISCELLANOUS

13.1 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The contractual and communication language is German.
13.2 These general terms and conditions shall also apply if the services of PORTFOLIOPOOL are used from the outside of the Federal Republic of Germany.
13.3 As written form according to these general terms and conditions shall apply the text form according to § 126b BGB (German Civil Code).
13.4 The exclusive place of venue for all disputes arising from the contractual relationships between PORTFOLIOPOOL and the USER shall be, to the extent allowed by law, Münster.

14. SERVICE DESCRIPTION OF THE ACCOUNT

14.1 PORTFOLIOPOOL provides the following functions for the USER:

- Launching of a personal online portfolio on PORTFOLIOPOOL with the elements: first name; surname; type of account; profile (portfolio preview image, categories, age, status, university, course of studies, position / job title, name of the company, type of the company, contact details (e-mail address, messenger number, telephone number, mobile number, address), member since, views, rating, number of network contacts, number of users that gave you favourite status, project previews, three external URL, availability, free text 1(maximal 2000 characters), free text 2 (maximal 2000 characters), free text 3 (maximal 2000 characters), references, exhibitions, awards); gallery (maximal 14 projects consisting of 10 pictures, maximal five videos, store personal project information and see project information from other users); comments; network; groups; job ads. Elements that can be freely activated or deactivated are: gallery; comments; network; groups and job ads. Elements that cannot be deactivated and are thus active all the time are: first name; surname; type of account; profile.
- View of the public “My Portfolio” section of all users, except users that have blocked this section partially or as a whole for the public.
- Gratuitous publication of events.
- Non-gratuitous placing of job ads for separately regulated fees.
- Get rated from other users.
- Comment on portfolios of registered users.
- Answer received messages from other users.
- Bookmark PP portfolios and get bookmarked.
- Advanced search in all three database: portfolio database, event database and job database (access to job database as soon as it is available).
- Contact registered users and answer received messages from registered users.
- Membership in a group and foundation of a group.
- Definition of access authorisation: The user can block or activate the access to these elements of the portfolio for the public or members of his network: contact details; gallery; comments; network; groups and job ads.
- Private user area: news, messages, calendar, observations, visitors, settings, masterpool application.
- Get favourite status from registered users and choose registered users as favourites.
- See who accessed the own profile.
- Select incognito function: stay invisible when accessing other profiles.
- Covert observer status: be undiscoverable for the search function.