General Terms and Conditions
General Terms and Conditions of Use for Registered Users at www.groab.net
1. Applicability, Changes to the Terms and Conditions of Use
1.1. Vogel Business Media GmbH & Co. KG (hereinafter called "Vogel"), of Max-Planck-Str. 7/9, 97082 Würzburg, Germany, represented by its Managing Director Stefan Rühling, offers a database service on the Internet at groab.de which requires user registration. The database offers content based on journalistic research into major construction projects for the chemical, petrochemical and pharmaceutical industries. The user can access this database and select and export data for a limited period of time, upon payment of a charge.
1.2. Vogel reserves the right to change the terms and conditions of use, with a suitable notice period. Users are advised of changes via e-mail or during log-in. These are deemed to be agreed if the user does not contest them within four weeks. Vogel shall inform the user of this fact again in the advisory message.
2. Registration; Cancellation
2.1. The user undertakes to make only truthful declarations during the registration, and to keep this information up to date. The user can update the information himself in his user account. The user is advised that he may also be sent contractual notifications in connection with this user contract via e-mail (cf. Figure 7, for example), and for this reason he must in particular keep his e-mail address up to date.
2.2. Registration shall be confirmed to the user by Vogel, to the
e-mail address he has indicated, and at this point the user contract
comes into being. The user can cancel this user contract within two
weeks following receipt of the confirmatory e-mail, without giving
reasons, via e-mail to email@example.com. Respect for this notice period
is adjudged on the timely sending of the e-mail.
Under Section 312d (3)of the German Civil Code (BGB), the right to cancel the contract lapses if Vogel starts to provide the service before the end of the cancellation period, with the express agreement of the user. This is the case if the user logs in using his registration data before the end of the two-week cancellation period and accesses data from the database.
2.3 In the event that Vogel receives notice of cancellation, the user need take no further action; Vogel will confirm the cancellation via e-mail, will block the user account in question and block or delete the data communicated by the user.
3. Service covered by the contract
3.1. Upon registration, a user account is set up for the user which he can activate with the user-name and password supplied in the confirmatory e-mail (the log-in procedure). In the user account, the user can view and amend his registration data. He can also view, print out or download the general terms and conditions of business which he has accepted.
3.2. Activating the user account also activates the user for the service ordered as part of the application process.
Access does not grant the user an entitlement to the service, but simply the opportunity to register for the service being offered. In addition, Vogel is entitled to amend the service for which the user is registered insofar as is reasonable, where this constitutes a further development of the service or is necessary for technical reasons (e.g. in order to increase the availability of the service) or for legal reasons.
3.3. The user is aware that content which bears a third-party company name or logo originates from that company and not from Vogel, and Vogel provides only the access to this content (e.g. press releases). The same applies for articles which recognizably originate from another user (e.g. expressions of opinion given by a user in the chat area). Vogel is not responsible for this content and does not claim ownership of such content. Insofar as the user believes that his rights are being violated through such content, he has the opportunity of informing Vogel of this via firstname.lastname@example.org. If, following this, there is a justified suspicion of a violation of rights, Vogel will block the content and invite the originator to offer an opinion in the matter. The user shall not abuse this right.
3.4. Vogel guarantees 95% availability of internet pages and thus of services, using a monthly reference period. The availability calculation time shall not include the necessary downtimes for system maintenance (in an appropriate scope), nor downtimes due to force majeure or unavoidable causes. Availability is understood as the ratio of ACTUAL time (IST-Zeit , or IZ) to TARGET time (Soll-Zeit, or SZ). Availability (in %) is accordingly calculated as follows: IZ/SZ x 100.
4. User Charge
For the services agreed with VOGEL, the customer pays the prices shown in the current price list. All prices quoted by VOGEL are understood to be exclusive of the applicable turnover tax, unless some other basis is expressly noted. VOGEL invoices directly for its services. All amounts are due upon receipt of invoice.
5.Obligations on the user; Rights of use
5.1. The user shall not communicate his password and his account to third parties, and shall safeguard them against access by third parties. The user shall be liable for misuse of his account for which he is responsible.
5.2. The user may use the services provided only for his own informational purposes. To that end, he is permitted to print out the information to which he has access and – insofar as Vogel offers the option to store the data – is permitted to store the data once only on his computer. Copying, dissemination or use of the information beyond this scope is not permitted. In particular, the user is forbidden from communicating the content to third parties or from using it for other purposes of his own which go beyond informational purposes, for example as part of his own offer of services. In addition, the user may not process, change or translate the content offered or remove references to copyright, for example. All rights are reserved to Vogel or the respective originator.
5.3. The user undertakes to respect the rights
of third parties, including the rights of Vogel. For that reason, he is particularly forbidden from the following:
a) Using the information contained as part of the services (e.g. contact data) or the communications services made available (e.g. chat area) for commercial contacts;
b) Sending or posting data which by its type, nature, size or quantity is such that it might damage or block the operation of the Vogel computer center or its data network or computers belonging to third parties, or might spy on or damage data contained thereon (e.g. through viruses, trojans, or spam e-mails);
c) Undertaking actions or disseminating content, in connection with use of the services, which violate the rights of third parties (e.g. copyrights, trademark rights, rights of person) or which breach applicable legal provisions, in particular the applicable penal law, provisions for the protection of young persons or regulations governing competition law. In particular, the user is forbidden from disseminating content of a racist nature or which glorifies violence, is offensive, is harmful to a third party's reputation, or is obscene. In this context, "disseminating" is also taken as including links to such content;
5.4. Insofar as the user himself posts content, he grants Vogel the revocable right, unlimited in geography and time, to make this content available for download on Vogel web pages. Vogel is not obliged to store or to keep this content available for him. To that extent, the user is obliged to store the data for his own purposes or back it up by other means.
6. Blocking/Deleting content; release from liability by the user
6.1. Should Vogel be informed by a third party that a content item violates third-party rights or breaches the law in some other way, Vogel is entitled to block this content. Where the content in question has been posted by the user, Vogel will inform the user immediately of the block imposed and give him the opportunity to contest the allegations.
6.2 Should action be taken against Vogel by a third party, acourt or an official body due to culpable conduct on the user's part, in particular due to a culpable breach of the obligations set out under Figure 4, the user undertakes to release Vogel from possible claims and to take on the costs of defending the legal action. Vogel shall inform the user immediately about the lodging of such claims. The user shall support Vogel to the best of his abilities in defending these claims. Where the user does not comply with this obligation within an appropriate period to be designated by Vogel, Vogel shall be entitled to settle the action by the third party as it judges fit, having regard to the facts of the matter and the legal position as it applies to Vogel. The costs of settling the matter in this way shall be borne by the user, this being applicable even in the event that the settlement subsequently proves disadvantageous due to information which was not provided by the user.
7. Vogel’s liability
7.1. Vogel shall be liable for damage to the user occasioned by Vogel, its legal representatives, senior managers or vicarious agents intentionally or through gross negligence. Vogel shall have an unlimited liability for claims from customers for injury to life, physical injury or injury to health which are due to a breach of obligations by Vogel or the group of persons named in the preceding sentence.
7.2. Irrespective of the degree of culpability, Vogel shall be liable for damages which have arisen due to the fact that the persons named in Figure 6.1. have breached an obligation which is of essential importance in achieving the contractual purpose (a cardinal obligation), up to the level of the foreseeable damages typical of such contracts. Similarly, Vogel shall be liable irrespective of the degree of culpability insofar as the damage is due to violation of a guarantee taken over by Vogel or due to grave organizational culpability.
7.3 Liability under the law governing product liability remains unaffected by this.
7.4 In cases other than those set out in Figures 7.1 to 7.3, liability on the part of Vogel – irrespective of the legal basis – is excluded.
This user contract is concluded for the period of one year. It is automatically being renewed if it is not cancelled within four weeks before its expiry. These condictions do not apply for the booking of a three months test account. The contract can be terminated via e-mail. To that end, the user shall always keep his e-mail address up to date. The user can send the notice of termination to: email@example.com.
9. Data protection
9.1. Vogel shall be entitled to store and to process the user’s personal data for the purposes of this user contract.
9.2. Some of the services have a precondition that the user consents to the commercial use of his data. The user is not obliged to grant such consent. Furthermore, he may revoke a consent which has been granted at any time, without giving reasons, preventing further use. In this case, he may no longer make use of the services.
9.3. In other regards, Vogel refers the user to its priacy policy.
10. Applicable law
The law of the Federal Republic of Germany applies.
Should individual provisions of these terms and conditions of business be or become invalid or unenforceable, either in full or in part, then this shall not affect the validity of the remaining parts of the contract. Amendments to the contract must always be made in writing.
Vogel Business Media GmbH & Co. KG