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General Terms and Conditions for the Use of Portals and Web Magazines

Jan 1, 2017

These General Terms and Conditions (hereinafter "GTC") apply for the use of all portals and web magazines of publish-industry Verlag GmbH (hereinafter "publish-industry") as well as the accompanying online services (including comments function, review function, personal notes list).
By clicking on the corresponding field during the registration process, users are declaring consent to these GTCs.
1. Scope of application, exclusivity, modification to GTCs
(1) These GTCs apply for the use of all portals and web magazines, as well as the accompanying online services (hereinafter conjointly termed "services"), offered by publish-industry on the respective Internet pages of the portals and web magazines.
(2) Deviating user GTCs are expressly excluded.
(3) publish-industry reserves the right to modify these GTCs in the future. Amendments to GTCs will be announced by publish-industry at least four weeks prior to taking effect via e-mail or at the time of login. Changes will take effect if the user does not object to them within four weeks of announcement. Upon announcement of changes, publish-industry will once again expressly inform provide users of their right to object to changes and will make reference to the consequences of not objecting. If a user submits objection by the deadline indicated, then the GTCs in the version prior to the announced modification will continue to apply to service utilisation.
2. User account
(1) Prior to first-time use of services, users must register beforehand by entering the information requested. A password-protected user account will then be set up for the respective user.
(2) Each user may only create one user account. Users may not permit a third party to use their user account. Users are directly responsible for maintaining confidentiality of user name and password.
(3) The user guarantees that all information entered is true and complete. The user shall maintain information true and complete throughout the entire contract duration.
(4) Use of the portals and web magazines and the associated offers (downloading of articles, white papers, webcasts) is free of charge. However, in the interest of optimising services, publish-industry stores data on when and which users use offers. When services of this nature involve third parties, publish-industry may forward information to the third parties named in the respective service for that party's own evaluation and commercial promotion via e-mail for products and services relating to the respective service.
3. Availability, change in services
publish-industry strives to ensure access to services to the extent possible. Errors, developments, and maintenance measures can, however, limit or interrupt access. This can lead to data losses in some circumstances. Users do not have a right to constant service availability. Furthermore, publish-industry has the right to modify or stop services at any time based at its own discretion without informing users beforehand.
4. Scope of use
(1) All content accessible on the Internet pages for the portals and web magazines, such as publications, articles, or photos, are subject to copyright. As regards the relationship with users, all rights to such content is exclusively held by publish-industry and the associated licensors.
(2) Users may create duplications for their own personal use via download and/or printout. However, users must not remove copyright notices, trademarks, author names, legal notices, or any other information or data. All further utilisations (e.g. public reproduction, distribution, or editing) are subject to prior written consent from publish-industry.
5. General user obligations, content deletion, user account block
(1) When using services, users shall not violate these GTCs nor legal provisions. In particular, users shall guarantee that content they upload
• Does not violate third-party rights, especially copyright, inherent author rights, patents, trademarks, or any further rights;
• Meets the requirements laid out in penal codes and minor protection laws, and especially do not contain racist, pornographic, minor-endangering, extremist or violence-glorifying content, nor content that offends or degrades other users or reviewed companies, nor punishable content of any other nature.
(2) The user transfers, without restriction to geography or time, to publish-industry the right to display content, comments, and reviews uploaded by the user and to make such content public.
(3) Following prior notification - to the extent it is reasonable to expect -, publish-industry has the right to delete specific content uploaded by a user. This especially applies for content that infringes upon the stipulations laid out in Section 5.1.
(4) Moreover, publish-industry reserves the right in the event of violation of Section 5.1 to block a user account with immediate effect and to exclude the user from future use.
6. Reviews
Users can make reviews of articles and companies. These reviews are not checked by publish-industry. However, publish-industry will delete illegal reviews upon gaining knowledge of their existence. Inappropriate use of the review system is prohibited. It is particularly prohibited
• To submit multiple reviews of one's own articles or companies, or to have a third party do so;
• To submit reviews that are misleading or untrue;
• To pressure users to act, to tolerate a circumstance, or to cease an action by making the threat of submitting or not submitting a review; or
• Submitting reviews that offend or degrade an author or a company.
7. Indemnity
The user will indemnify and hold harmless publish-industry regarding claims made by third parties due to violation of their rights by content uploaded by the user and placed on the Firmen-Channel. The user will also assume the costs for legal defence becoming necessary, unless the user is not responsible for the legal breach. Furthermore, the user shall immediately provide all information requisite to auditing such third-party claims.
8. Warranty
(1) publish-industry expressly disclaims all liability for the correctness, completeness, reliability, and up-to-dateness of accessed content.
(2) Within the scope of this user relationship, publish-industry only holds services accessible for a user on its own servers. publish-industry is not liable the data transfer between users and the servers, nor for the availability of the Internet.
9. Liability
(1) publish-industry is liable for malicious conduct and wanton negligence without restriction. In the event of slightly negligent violation of a main performance obligation or a secondary obligation whose violation places attainment of the contractual objective at risk or whose fulfilment is vital to facilitating contract execution and whose compliance the partners should be able to rely upon, publish-industry's liability will be limited to the foreseeable damages typically laid out in contracts. publish-industry is not liable for slightly negligent violation of secondary obligations that are not among the significant secondary obligations.
(2) The preceding provisions do not affect cases involving assumption of a quality guarantee and liability for damages due to injury to life, body or health.
10. Termination
(1) The user relationship can be terminated by either party at any time without indicating grounds. Termination must be made in writing (e-mail is sufficient).
(2) In the event of termination, publish-industry will immediately deactivate the user's account and access to services.
11. Applicable law, legal venue, severability
(1) The laws of the Federal Republic of Germany will apply with exclusivity.
(2) The exclusive legal venue will be the jurisdiction covering publish-industry's domicile. However, publish-industry does have the right to address the court with jurisdiction over the partner's domicile as well.
(3) Should individual contract provisions be or become wholly or partially invalid, the remaining contract provisions will remain in effect.
Status in May 2016