Uploading contents on BookRix does not prevent you from publishing and/or exploiting your contents otherwise. However, you may use the web-application provided for on BookRix in accordance with our General Terms and Conditions only. Therefore, if and to the extent to which you have formatted your contents by means of the web-application provided for on BookRix the contents must, in this form, only be used and published in accordance with our General Terms and Conditions. The Provider requires rights (licenses) on the contents you have uploaded only to the extent necessary to save and publish and/or make available to third parties those contents in the way you have determined. Apart from that, you can delete the contents you have uploaded on BookRix from BookRix at any time.
General Terms and Conditions (GTC)
BookRix_AGB_EN_20080512.pdf
Preamble
BookRix is a portal intended to be provided to Users in the long term.
The Provider is neither a publishing company in the sense of the German Act concerning the Right of Publishing (Verlagsgesetz) nor a collecting society in the sense of the German Act concerning the Protection of Copyrights (Urheberrechtswahrnehmungsgesetz). The relationship between the User and the Provider does not constitute a publishing contract. The Provider does not assume the obligations provided for in the German Act concerning the Right of Publishing. The Provider merely places online a platform enabling others to upload and perceive Contents which have been created and/or uploaded by Users and which enables communication between Users.
BookRix enables Users to create electronic books by means of a protected web-application. The electronic books created by means of such web-application must be published and/or made available to Third Parties only on or via BookRix, in the latter case via the embedding-code provided for on the respective book information page. That is, the electronic books created by the User by means of such web-application may, as an electronic file, only be saved on BookRix pursuant to these GTC and may be passed on to Third Parties only via the embedding-code provided for on the respective book information page.
The Provider gives access to User to the electronic books and Contents of other Users published on BookRix to the extent such other Users gave permission to. In addition, it is possible to communicate with other Users over BookRix and to recommend Contents which have been uploaded, created and/or revised by other Users. Moreover, the User can issue her or his personal profile and publish such personal profile or disclose it to certain Third Parties.
Contents which are uploaded, revised and/or published by Users on BookRix are not and do not become Contents of the Provider. Moreover, the Provider does not adopt Contents as its own which have been uploaded, revised and/or published by Users. The preceding sentences also apply in case Contents are formatted as an electronic book by means of the web-application which is available on BookRix. The preceding sentences also apply with respect to communication between Users and comments which Users make with respect to Contents. It is herby explicitly pointed out that any Contents, comments and/or communication which are uploaded, revised and/or published on BookRix by Users are neither Contents, comments and/or communication of the Provider nor does the Provider adopt such Contents, comments and/or communication as its own.
The Provider does not advocate any specific political, religious, ideological or other position. The Provider only provides a platform intended to enable online exchange and communication between Users. Contents are created, uploaded and published by Users themselves. It is for the User only to decide whether the Contents uploaded and/or revised by her or him are made available to Third Parties. The User creates her or his own Contents and decides over their publication. The Provider does not survey particular Contents unless there is a particular reason to do so or in cases of coincidence, for example within random sample controls.
The Provider expressly reserves the right to block (make invisible) or delete Contents and/or communication which has been created, uploaded, revised, and/or published on BookRix by the User in case there is a reason to do so. A reason to do so shall, in any event, be deemed to be given in case Contents and/or communication are or appear to be illegal and/or in case Contents and/or communication are objectionable, for example because such Contents and/or communication are in contradiction to the Code of Conduct.
Having made the statements above, the clauses set out below apply:
1 Certain Definitions
In case the terms which are displayed in bold below are used within these GTC (including the Preamble), such terms have the meaning respectively ascribed to such terms below:
Access Data
| username and the respectively valid password.
|
Account
| the personal domain created by the User which enables the User to log in on BookRix, to upload, to make available to Third Parties and/or to publish Contents;
|
BookRix or Service
| the online-platform (portal) operated under the domains www.bookrix.de, www.bookrix.com, www.bookrix.net and www.bookunity.com including their respective subdivisions (sub-domains) and aliases as well as any Contents available and/or retrievable on or under the domains www.bookrix.de, www.bookrix.com, www.bookrix.net and www.bookunity.com including their respective subdivisions (sub-domains) and aliases;
|
Code of Conduct
| the rules which have been designed by Provider in order to promote regardful and amicable contact among Users (Code of Conduct);
|
Content(s)
| information, text, pictures, graphics and/or other data regardless of their form (for example text, picture, sound) and function (for example books, comments, statements made within groups);
|
GTC
| these general terms and conditions;
|
Provider
| BookRix GmbH & Co. KG, Munich, registered in the commercial register at the local court (Amtsgericht) of Munich under HR A no. 92039 (further information concerning the Provider can be found under about us);
|
Reader(s)
| any person or legal entity accessing BookRix or retrieving Contents from or under BookRix without being a Registered User;
|
Registered User(s)
| any person, company, partnership, cooperation, corporation, trust or other legal entity which has completed and sent the electronic registration form on BookRix;
|
Third Party
| any person, company, partnership, cooperation, corporation, trust or other legal entity which is not a party to the contractual relationship between the Provider and the User (therefore, the term "Third Party" includes, but is not limited to, other Users);
|
to upload
| to upload, set up and/or save on BookRix;
|
uploading
| uploading, setting up and/or saving on BookRix;
|
User(s)
| Registered User(s) and Reader(s)
|
2 Scope
2.1 These GTC govern the relationship between Provider and User. Provider gives access to BookRix on the basis of these GTC. BookRix must be used in compliance with these GTC.
2.2 In addition, in case certain particular services are used, with respect to such particular services special rules may apply. If and to the extent special rules apply with respect to a particular service, such special rules will be submitted and/or made available to User prior to the use of the special service.
2.3 The User must not use BookRix in case of disagreement with these GTC. In case the User disagrees with these GTC, she or he must not register with the Provider.
2.4 By using BookRix, the User agrees to these GTC.
2.5 By registering in any event the User expressly agrees again to these GTC.
2.6 The User may download and/or save these GTC after having entered into the contractual relationship with Provider.
3 No inclusion of Third Parties
3.1 Third Parties are neither included nor protected by the contractual relationship between the User and the Provider unless these GTC explicitly provide for otherwise.
3.2 In general, these GTC do not affect the relationship of the User to Third Parties, unless these GTC explicitly provide for otherwise. In particular, these GTC do not provide for if and to which extent Third Parties are permitted to read, alter and/or use Contents which have been uploaded, revised, made available and/or published on or via BookRix by the User. Electronic books which the User has created by means of the web-application provided for on BookRix may be saved on BookRix pursuant to these GTC only and may be made available to Third Parties on BookRix or via BookRix through the embedding-code provided for on the respective book-information-page only.
3.3 The User must not permit Third Parties to use electronic books which have been created by means of the web-application provided for on BookRix and/or other data, information, graphics or other Contents which have been processed by means of the web-application provided for on BookRix in the form such electronic books, data, information, graphics or other Contents have been shaped to by means of such web-application for industrial or commercial purposes. Moreover, the User must not permit Third Parties to make electronic books which have been created by means of the web-application provided for on BookRix and/or other data, information, graphics or other Contents which have been processed by means of the web-application provided for on BookRix in the form such electronic books, data, information, graphics or other Contents have been shaped to by means of such web-application available to Third Parties or publish them on other systems, servers or other media unless such disclosure and/or publication is carried out via BookRix over the embedding-code provided for on the respective book-information-page.
3.4 Apart from the preceding provisions it is for the User to care and provide for the extent to which Third Parties may read, alter, use or otherwise exploit the Contents which the User has uploaded, revised, and/or published or otherwise communicated on or via BookRix. In particular the User her- or himself must ensure that she or he enters into licence- or other agreements with Third Parties as to the use and/or exploitation of Contents (if and to the extent to which the User is entitled to enter into licence or other agreements regarding Contents).
3.5 The Provider is neither responsible nor in charge of the conclusion, the execution, the performance and/or the enforcement of any agreements which the User enters into with Third Parties.
4 Publication of electronic books only on or via embedding-code provided for on BookRix; undertakings of User
4.1 Electronic books which have been created by means of the web-application provided for on BookRix and/or information, graphics, data or other Contents, which have been processed by means of the web-application provided for on BookRix may, in the form/shape processed to by means of such web-application, be published or otherwise disclosed to Third Parties only on or via BookRix. If saved on systems, servers or media other than BookRix, electronic books and/or information, graphics, data or other Contents which have been created or processed by means of the web-application provided for on BookRix may, in the form/shape or processed by such web-application, only be published and/or made available to Third Parties via the embedding-code provided for on the respective book-information-page.
4.2 The User hereby explicitly undertakes to refrain from the use or exploitation of the web-application and/or software provided for on BookRix for the creation of electronic books in a way which has not been explicitly stipulated by the Provider. Moreover, the User explicitly undertakes to refrain from using or exploiting the web-application and/or software provided for on BookRix for industrial and/or other commercial purposes or to make such web-application and/or software available to Third Parties for industrial and/or other commercial purposes. The User undertakes to use the web-application and/or software provided for on BookRix only in the form and only in the way such web-application and/or software is made available to the User on BookRix. In particular, the User undertakes to omit any technical or other changes or alterations of the web-application and/or software provided for on BookRix.
5 Registration, personal information and data, Access Data, representations and warranties given by the User
5.1 The User must register with the Provider before the User starts uploading, revising, publishing and/or disclosing Contents to Third Parties on or via BookRix.
5.2 The User represents and warrants that all information and statements made by User in the course of the registration process are complete and true. The User must and undertakes to update any changes of the data which have been requested from and declared by User in the course of registration by giving an updating notice to the Provider.
5.3 In the course of registration, a password will be allocated to the User in addition to the username chosen by User. The User may change such password. The User must keep such Access Data secret and protect such Access Data from access of Third Parties. Moreover, the User undertakes to give notice to the Provider in case Access Data are lost or in case the User detects or entertains the suspicion that a Third Party uses the Access Data of the User. Such notice must be made per e-mail, fax or in written form.
5.4 Registered Users are also bound and must also comply with these GTC in case Registered Users use BookRix in a way which does not require registration and/or without logging in over their respective Account.
6 Exploitation by the Provider of personal data of the User; disclosures of personal data of the User to Third Parties
6.1 The Provider has the right to use the personal data which are obtained from the User in the course of registration or later (as up-dates) for commercial advertising purposes. In particular, the Provider has the right to convey to Users which meet certain requirements commercials or other advertising media of Third Parties which pay the Provider for conveying such commercials or other advertising media to persons which meet certain requirements defined by such Third Party ("targeting").
6.2 Moreover, the privacy policy of the Provider provides further particular information to User as to the extent to which Provider will use and exploit the personal data of the User.
6.3 The Provider has the right to disclose and pass on the personal data requested from the User in the course of registration to Third Parties if there are indications that the User offends, defames or otherwise violates rights of such Third Parties.
6.4 Moreover, the Provider has the right to pass on personal data obtained from the User in the course of registration or later (as up-dates) to administrations, courts or other public authorities if and to the extent to which the Provider is obliged to disclose or pass on such personal data due to applicable law or due to an administrative act. The Provider is not obliged to challenge or appeal against acts, rulings or other decisions of courts, administrations or other public authorities which order the Provider to disclose or pass on personal data of the User. Rather, the Provider has the right to offhand comply with acts, rulings or other decisions of courts, administrations or other public authorities ordering the disclosure or transfer of personal data of the User.
6.5 In addition, the Provider has the right to pass on personal data of the User to Third Parties if and to the extent such Third Party can legally claim disclosure and/or transfer of such data from the Provider.
7 Description of Service
7.1 The Provider presently grants access to the BookRix online-portal to the User provided that the required technical equipment and devices are available to the User. The Provider does not take over any costs or expenses arising from the procurement, the operation or the maintenance of technical equipment and devices of the User. The User must her- or himself procure, operate and maintain the technical equipment and/or access to such equipment which is required to obtain access to the internet.
7.2 The Service is, at any time, subject to and under the proviso of technical availability. The Provider does not assume responsibility for contingent delays, deletions, false or failed transfer or false or failed storage or memory with respect to the communication between the User and the Provider or between the User and Third Parties. Moreover, the Provider does not assume any responsibility for contingent delays, deletions, false or failed transfer or false or failed storage or memory regarding any Contents and/or the design of an Account.
8 No claim of User; no permanent technical availability
8.1 The User does not have a claim to use BookRix. The Provider explicitly retains the right to delete or block Contents which have been uploaded and/or revised on BookRix or which have been disclosed to Third Parties and/or published on or via BookRix.
8.2 The Provider does not owe permanent availability of BookRix. In particular, safety- and capacity-problems and/or maintenance-activities as well as events the Provider has no influence on, for example malfunctioning of the internet or acts beyond control may induce interruptions and/or failures of the availability of BookRix or the complete or temporary discontinuance of BookRix.
8.3 Neither the deletion nor the blocking of Contents nor the temporary or final closing down of BookRix gives rise to any claims of the User against the Provider.
9 No guarantee or warranty
9.1 The User uses BookRix on her or his own risk. The Provider does not guarantee or warrant that BookRix meets any requirements of the User. In particular, the Provider does not assume any guarantee, make any representation or give any warranty with respect to any results or consequences which may, may not, can, can not, shall or shall not be achieved or caused by the use of BookRix.
9.2 The Provider does not assume any guarantee or give any warranty with respect to the correctness or reliability of Contents which have been published and/or communicated on or via BookRix. Moreover, the Provider does neither guarantee nor warrant that the Contents which have been made available or communicated to the User on or via BookRix meet or correspond with the expectations of the User.
9.3 The Provider does neither represent not guarantee nor warrant that any hardware or software which the User utilises in order to use BookRix is working faultless or that possible faults of such hardware or software are corrected.
9.4 Any downloading or receipt of Contents in connection with the use of BookRix is made at User's own risk. Solely the User is responsible for any damages to the computer system or other technical equipment of the User, for any loss of data or for any other damages caused by the downloading of Contents from BookRix.
9.5 The Provider does not have influence on or control over the design and/or Content of linked websites nor does the Provider adopt such Contents at its own.
10 Full responsibility of the User for Contents
The User has full responsibility for any information, data, graphics, text and other Contents which the User uploads, revises on or communicates, publishes and/or makes available over or discloses via BookRix to Third Parties. In general, the Provider neither controls such information, text, data, graphics and other Contents nor does the Provider adopt them at its own.
11 Obligations of the User to inform the Provider in case loss of data is realized and to generate safety copies of her or his own.
11.1 If and as soon as the User realizes that data, graphics or other Contents which the User has uploaded, revised, published and/or communicated over BookRix have become invisible, barred or lost, the User is obliged to immediately inform the Provider in that respect [].
11.2 The User is obliged to generate safety copies of its own of any Contents which the User has uploaded, processed, revised, made available to Third Parties, published and/or communicated on or via BookRix, and to save such safety copies on systems, servers, disks or other adequate media other than BookRix. The User is obliged to ensure that the User is able reproduce such Contents without using or requiring the help or assistance of BookRix or the Provider.
12 Warnings of possible consequences of illegal conduct of the User
12.1 The User acknowledges and, in addition, it is herewith explicitly pointed out to the User that any illegal uploading, revising, publication and/or communication of information, data, graphics and/or other Contents may give rise to obligations of the User to pay damages or to other obligations of the User and may also constitute a criminal offence and/or other breach of the law.
12.2 In case the User violates obligations/duties arising from these GTC and/or other rights of the Provider, the Provider reserves the enforcement of its rights against the User. This applies, in particular, in case electronic books which have been formatted by means of the web-application available on BookRix or other information, graphics, data or other Contents which have been processed or formatted by means of such web-application are used for industrial or commercial purposes or published on systems, servers or other media other than BookRix or made available to Third Parties for industrial or commercial use or publication on systems, servers or other media other than BookRix, if such Contents are used and/or published in the form/shape created by means of such web-application.
13 Further warnings
Unfortunately, the Provider can not exclude that, by violating these GTC, there are Users which upload, revise, publish or otherwise make available to Third Parties Contents which are pornographic, calumnious, racist or otherwise illegal, or that Contents are changed in a way to become pornographic, calumnious, racist or otherwise illegal. Therefore, unfortunately, the Provider can not exclude that Users feel or actually are violated in their rights by Contents which have been uploaded, revised, published or made available to Third Parties or that Users due to such Contents, feel and/or are offended, defamed, hurt, attacked or otherwise violated in their rights. Therefore, any use of BookRix is carried out at the own peril and at the own risk of the User.
14 Further obligations of the User to inform and give notices to the Provider
14.1 In case the User feels that she or he is offended, defamed, hurt or otherwise violated in her or his rights by certain Contents the User is obliged to immediately inform the Provider, thereby stating the respective Contents as precisely as possible [].
14.2 In case the User and/or a Third Party should feel offended, hurt, defamed or otherwise violated in rights by Contents or by the change of Contents it is possible to inform the Provider [].
15 Further consent of the User; no remuneration for User
By uploading and/or revising of Contents on BookRix the User explicitly agrees that the Contents uploaded and/or revised by User are saved by the Provider and that such Contents are published or made available to Third Parties in the way determined by the User. The uploading and/or revision of Contents on BookRix by the User does not give rise to any obligation of the Provider to pay remuneration to the User. Also, the publication or passing-on to Third Parties of Contents which have been uploaded and/or revised by the User on BookRix do not give rise to an obligation of the Provider to pay remuneration in whatever form. Moreover, the User does not have a claim to payment of remuneration against the Provider in case the Provider places advertising commercials on sites which display the Contents which have been uploaded, revised and/or published by the User and/or the personal profile of the User.
16 Waiver of the User; no remuneration for User
16.1 The User hereby explicitly declares that the User will not claim any payments from the Provider which allegedly arise from the fact that the User has uploaded and/or revised Contents on BookRix or that the User has made available to Third Parties or published Contents on or via BookRix.
16.2 The User hereby explicitly waives any claims arising from the Provider placing advertising commercials next to Contents which have been uploaded, revised and/or published by the User or on the personal profile-sites of the User.
17 Further warranties of the User
17.1 If and to the extent to which the User uploads and/or revises Contents on BookRix the User hereby explicitly warrants that the User has the right to upload and/or revise such Contents and that the uploading and/or revision does not violate the rights of Third Parties. Moreover the User warrants that such Contents are legal and do not contain any pornographic, defaming, racist or otherwise illegal Content.
17.2 If and to the extent to which the User processes and/or revises Contents which have been uploaded on BookRix, the User hereby explicitly warrants that the User has the right to process and/or revise such Contents in the way processed and/or revised by the User. Moreover, the User hereby explicitly warrants that the processing and/or revision of Contents does not result in such Contents violating the rights of Third Parties or that such Contents become pornographic, defaming, racist or otherwise illegal.
17.3 If and to the extent to which the User publishes Contents on or via BookRix and/or makes available Contents on or via BookRix to Third Parties, the User hereby explicitly warrants that the User has the right to publish such Contents on or via BookRix and/or to make such Contents available to Third Parties on or via BookRix and that no violation of rights of Third Parties is committed by such publication and/or disclosure. Moreover, the User hereby explicitly warrants that such Contents are not pornographic, defaming, racist and/or otherwise illegal.
17.4 Moreover, the User hereby explicitly warrants that the information, data, graphics and other Contents uploaded and/or revised by the User on BookRix do not contain any viruses, worms, trojans or other vermins.
17.5 The User explicitly warrants that the information given to the Provider in the course of registration or later (as up-date) by the User is correct, true and complete. The User hereby warrants that the address stated constitutes an address adapted for the delivery of summons.
18 Holding-harmless and indemnity by the User in favour of the Provider
The User hereby explicitly warrants and hereby explicitly undertakes to hold harmless and indemnify the Provider, undertakings affiliated with the Provider, the shareholders of the Provider, the managing directors and holders of commercial power of the Provider and any other employees of the Provider against any and all claims and demands raised by Third Parties based on or in connection with Contents which the User has uploaded, revised, made available to Third Parties and/or published on or via BookRix. Such obligation of the User to holding-harmless and indemnification also comprises the cost of courts, attorneys and other procedural costs which have been incurred for the defence against claims and the expenditure of which was reasonable.
19 Limitation of liability of the Provider
19.1 The Provider is not liable for the conduct of Users. In particular, the Provider is not liable for Contents or declarations which are uploaded, revised, made available to Third Parties and/or published on or via BookRix by Users.
19.2 Moreover, the Provider is not liable for damages caused by or resulting from the use of (including downloading) or the impossibility to use Contents which have been uploaded, revised, made available to Third Parties and/or published on or via BookRix by Users or Third Parties.
19.3 Regardless of the preceding paragraphs and subject to the subsequent Sentence, if and to the extent to which there should be a liability of the Provider for whatever reason, such liability of the Provider is, in cases of property damages, limited to such property damages which have been caused by wilful or grossly negligent conduct of the Provider, of statutory representatives of the Provider or of employees, assistants or agents of the Provider or which are caused by the breach of key-obligations arising from and essential for the contractual relationship between the Provider and the User. Any liability of the Provider for damages of life, body or health which has been caused by a wilful or negligent breach of duty of the Provider or by a wilful or negligent breach of duty of a statutory representative or an employee, assistant or agent of the Provider remains unaffected by the preceding sentences.
19.4 Any liability of the Provider for damages resulting from a negligent breach of duty which is not a key-duty essential for the contractual relationship or resulting from a breach of duty in the cause of the negotiations of the contractual relationship is excluded with respect to indirect damages and with respect to damages which constitute non-typical consequences. In any event, the liability of the Provider is limited to a sum (cap) amounting to the typical average damage. Any mandatory liability of the Provider based on the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
20 No liability of Provider for agreements between Users and Third Parties; no legal advice
20.1 The Provider is not responsible and does not make any representation, assume any guarantee or give any warranty for the validity, performance and/or enforceability of any agreements concluded between the User and Third Parties, which are concluded on or via BookRix. BookRix does not become a party to such agreements and BookRix is neither liable for their performance nor for damages resulting from the performance, the non-performance or a breach of such agreements.
20.2 These GTC do not regulate the relationship of the User to Third Parties. This, in particular, gives rise to, but is not limited to, the consequences set out below:
The Provider is neither in charge of nor responsible for the conclusion, the performance and/or the enforcement of agreements between the User and Third Parties.
The Provider does not advise the User as to the conclusion, the performance and/or the enforcement of agreements with Third Parties.
The Provider does not support the User in her or his defence against claims which are raised, alleged and/or enforced by Third Parties against the User. The Provider does not control the Contents which are uploaded, revised, made available to Third Parties and/or published by Users on or via BookRix. Therefore, it does in no way constitute a toleration or approval of any particular Content by the Provider in case the Provider does not immediately delete, block or make invisible Contents and/or point out the possible illegality to the User of Content which has been uploaded, revised, published or made available to Third Parties by the User.
21 Transfer and licensing of rights to the Provider by uploading, revising and/or publishing of Contents
By uploading, revising and/or publishing of Contents on BookRix, the User transfers and licences to the Provider free of charge/free of royalties worldwide and non-exclusive rights to use such Contents to the extent and for the time required that the Contents uploaded, revised, changed, and/or published on BookRix can be and are saved on and are made available to Third Parties and/or published over BookRix in the way determined by the User.
22 Strict prohibitions; obligations to omit of the User
The User is obliged to comply with the prohibitions set out below and to omit any conduct which would constitute a breach of any of the prohibitions set out below:
It is prohibited to copy, change, rent, lease, license or alter the web-application available on BookRix for the creation of electronic books and/or any other software available on BookRix or to produce or use versions of such web-application and/or software which have been altered, changed or interfered with.
It is prohibited to use the web-application for the creation of electronic books and/or any other software available on BookRix for industrial and/or commercial purposes. The scope of this prohibition does, inter alia, cover the distribution of the access to or sharing of BookRix for remuneration and activities aiming to obtain a consideration which are based on the use of the web-application and/or software available on BookRix.
It is strictly prohibited to gain access to the Service other than over the interface provided for by the Provider.
Any industrial and/or commercial use of BookRix by the User without the explicit prior written consent of the Provider is prohibited. This does, in particular, also apply to the incorporation, placement or instalment of commercial advertisements in the electronic books and profile sites created by the User on BookRix. In case there is an intention to industrially and/or commercially use BookRix, the Provider asks to be contacted. []
The uploading, processing, revising and/or publishing of commercial advertisements by the User is prohibited, regardless where (e.g. electronic books, Accounts, groups, panels) or how (e.g. banners, targeting, mailings) the advertisement is effected.
It is prohibited to purport to be another person in the course of registration with the Provider.
It is prohibited to falsify heading lines or otherwise manipulate distinctive marks in or to disguise the origin of Contents which have been or uploaded on BookRix or which have been made available to Third Parties or published on or via BookRix.
It is prohibited to upload or publish on or via BookRix information, graphics, data or other Contents which contain and/or convey viruses, trojans, worms or other electronic vermins.
It is prohibited to gather or collect personal data of other Users for industrial or other commercial purposes.
It is prohibited to disturb any technical process on BookRix or to interrupt or otherwise interfere with the regular way of a communication on or over BookRix. Any form of electronic attack on BookRix is strictly prohibited. The following shall be deemed to constitute an electronic attack in the sense of the preceding sentence, whereby the subsequent list contains examples only and, therefore, is not final: the breaking or attempt to break security-barriers on BookRix; the use of programs or software to sort or peek data (for example the use of crawlers, spiders or bots), the uploading, saving, setting up and/or spreading of or infecting of BookRix with viruses, worms, trojans, and/or the use of links, programs or other operations which are eligible to damage BookRix, the Provider and/or Third Parties and/or so-called "brute force attacks".
Links to other websites by hyperlinks for industrial and/or commercial purposes are also strictly prohibited.
It is prohibited to publish or to make available to Third Parties electronic books or other information, graphics, data or Contents which have been produced/created by the web-application and/or other software made available on BookRix in the way formed/shaped by the web-application and/or software available on BookRix on systems, servers or media other than on or via BookRix.
23 Contractual penalty in case of a breach of prohibition
The User hereby explicitly undertakes to pay to the Provider a contractual penalty of € 500,00 subject to review of the competent court, for any conduct constituting a wilful or negligent breach of any of the prohibitions set out in section 22 of these GTC above. The Provider reserves the right to raise additional claims, in particular claims for damages the amount of which exceed the contractual penalty. If and to the extent the User actually pays a contractual penalty to the Provider, the amount of the contractual penalty paid by the User shall be credited against any damages or compensation owed by the User to the Provider.
24 Code of Conduct, violation of Code of Conduct; deletion of Contents
24.1 The Provider expects that all Users treat each other in a respectful and friendly way. To this end the Provider has drafted the Code of Conduct which the User must comply with.
24.2 In case the User, in spite of a warning, repeatedly and/or continuously violates the Code of Conduct, the Provider has the right to terminate the contractual relationship between the Provider and the User with immediate effect. In this case, the termination of the contractual relationship can be effected by the deletion of the Account of the User and the Contents uploaded on BookRix by the User, without any further pre-announcement being required.
25 Commercial advertisement, exploitation of personal data of the User for purposes of targeting; newsletter
25.1 The User hereby explicitly approves that the Provider takes out or installs ads on the profile-sites of the User and next to the electronic books created, set up, processed, and/or published by the User, whereby such ads may, in particular, also be commercial advertisements of Third Parties.
25.2 The User agrees that the Provider processes and exploits the personal data of the User in order to submit to the User offers and/or commercial advertisements which are tailored to the personal interests of the User ("targeting").
25.3 The Provider mails electronic newsletters in regular intervals. Such newsletters may contain commercial advertisements. In case the User orders such newsletter, the User hereby approves and explicitly wishes that such newsletters are mailed to her or him in regular intervals. The User can counter-order the newsletter at any time by using the electronic button provided for that purpose on BookRix.
26 Administration; rights to control of the Provider and Provider's administrators
26.1 The Provider and the administrators employed by the Provider have the right to temporarily or finally block, delete and/or make invisible Contents which have been uploaded and/or revised by the User on BookRix if and as soon as a Third Party claims to be insulted, defamed or otherwise violated in rights by such Contents. It is solely for the User to obtain clearance from such Third Party as to the question whether such Third Party has actually been insulted, defamed and/or otherwise violated in rights by the Contents which have been uploaded and/or revised by the User on BookRix.
26.2 The Provider has the right and explicitly reserves the right to review, block and/or delete communication, data or other Contents which have been uploaded, revised, published and/or conveyed by the User on or via BookRix, in particular in case such Contents and/or communication are in contradiction to the Code of Conduct.
26.3 The Provider and the administrators employed by the Provider have the right to review and control at any time any Contents which have been uploaded and/or revised on BookRix by the User. To that end the Provider and the administrators employed by the Provider may call third-party-experts (for example attorneys) provided that such third-party-experts are under a statutory or contractual confidentiality obligation.
27 Termination
27.1 The User has the right to give notice by deleting her or his Account at any time. In this case, data, graphics or other Contents which have been uploaded on BookRix by the User will be deleted.
27.2 The Provider has the right to terminate the contractual relationship with the User with immediate effect by deleting, making invisible or blocking the Account of the User in case the User breaches her or his obligations arising from these GTC in a way rendering further use of BookRix by the User unacceptable for the Provider. The preceding sentence applies accordingly in case there are other reasons which render further use of BookRix by the User unacceptable for the Provider. Data, graphics or other Contents which have been uploaded on BookRix by the User will be deleted in those cases.
27.3 The Provider has, in any event, the right to block, delete and/or make invisible the Account of the User and the Contents which have been uploaded and/or revised on BookRix by the User as well as any declarations or other communication of the User in case the Provider has unsuccessfully warned the User. In any event there is an unsuccessful warning (i) in case the User continues conduct which is contrary to her or his duties in spite of a warning, (ii) the User breaches further and/or other duties arising from these GTC and/or (iii) a situation which has been caused by the User and which is contrary to duties and/or otherwise illegal continues, provided that there is a connection between such situation and the use of BookRix by the User.
27.4 The warning will be given via e-mail to the e-mail-address stated by the User at registration.
27.5 Regardless of the preceding paragraphs the Provider has, at any time, the right to cease BookRix entirely or in part without prior notice. At the same time, the cessation is deemed to constitute the termination of the contractual relationship vis-à-vis the User by the Provider. Data, graphics or other Contents which have been uploaded on BookRix by the User will be deleted in this case.
28 No waiver by the Provider
In case the Provider should temporarily or steadily refrain from exercising a right and/or enforcing a clause of these GTC this does not constitute a waiver of the Provider of such right or clause.
29 Place of performance in certain cases
In case the User is a merchant in the sense of the German Commercial Code (Handelsgesetzbuch) and/or operating an enterprise the business of which requires the business operations of a merchant, the place of performance shall be Munich.
30 Applicable law
This contractual relationship shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. This applies in particular with respect to the conclusion and the performance of the contract between the Provider and the User. The subsequent section 32 shall, however, remain unaffected.
31 Relevant language
The German version of these GTC is the relevant version. In case these GTC are translated into other languages and/or a translation of these GTC is made available by the Provider, such translation is only effected in order to facilitate orientation. In case of discrepancies between the German version of these GTC and a version translated into another language the German version prevails.
32 International use
Concerning the international character of the internet the User explicitly undertakes to comply with any and all applicable national and international regulations relating to the online-conduct and the legality and adequacy of Contents. In particular, the User is obliged to comply with all applicable national regulations relating to the export of technical data.
33 Forum in particular cases
33.1 In case the User is a merchant in the sense of section 38 par. (1) of the German Civil Procedure Code (Zivilprozessordnung) or a public law legal entity or capital, the courts of Munich, Germany, shall have exclusive jurisdiction over conflicts arising out of or in connection with the contractual relationship between the User and the Provider.
33.2 In case the User does not have her or his general legal domicile and residence in the Federal Republic of Germany the courts of Munich shall have exclusive jurisdiction over conflicts arising out of or in connection with the contractual relationship between the Provider and the User.
34 Severability
In case any clause of these GTC should be or become invalid and/or impracticable the validity of the other clauses shall remain unaffected. The parties are obliged to place each other in the position which implements the commercial purposes of the invalid and/or impracticable clause as closely as possible.
35 Changes and amendments of these GTC; notice to Registered Users; approval by continued use
35.1 The Provider retains the right to change, amend or supplement these GTC with future effect. In case the Provider changes or supplements these GTC, this will be broadly pointed out to all Registered Users via e-mail. The amended or supplemented version of the GTC shall apply only in case the User subsequently uses again or continues to use BookRix.
35.2 By the subsequently continued or renewed use of BookRix the User approves the future validity and applicability of the amended and/or supplemented GTC.
35.3 In case the User should not approve the amended or supplemented GTC the User has the right and the duty to veto in written form or via e-mail the validity and applicability of the amended or supplemented GTC within four (4) weeks as of the dispatch of the e-mail provided for above in paragraph 35.1 by the Provider. Such deadline is kept only in case the Provider receives the veto within such deadline. In case of a veto of the User the Provider explicitly retains the right to terminate the contractual relationship with the User, provided that the continuation of the contractual relationship governed by the present version of the GTC is unacceptable for the Provider. In case the User fails to veto in written form or via e-mail the validity and applicability of the amended or supplemented GTC within four weeks this also constitutes and is deemed to constitute an explicit declaration of the User to approve the validity and applicability of the amended or supplemented GTC. In order to keep the deadline it is relevant that the veto is received by the Provider within the deadline. In the e-mail pointing out the amendment and/or supplementation of these GTC the Provider will, again, make Registered Users aware of the deadline within the veto must be declared.
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