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Terms of use e-paper

Terms of use e-paper

GENERAL TERMS AND CONDITIONS OF USE AND DATA PROTECTION DECLARATION FOR THE UNCONTROLLED DISTRIBUTION OF E-PAPERS OF

Bauverlag BV GmbH

Friedrich-Ebert-Str. 62

33330 Gütersloh, Germany

GENERAL TERMS AND CONDITIONS OF USE

Section 1 Content and scope of the service

(1) These General Terms and Conditions apply for the free-of-charge use of e-papers (hereinafter the “Service”) that can be viewed on the website of Bauverlag BV GmbH (hereinafter the “Company”) at www.bauverlag.de and its associated brand sites.

(2) Users of the Service can access individual Company e-papers in electronic form via the Company’s server and read them on the Company’s online portal, in accordance with these Terms and Conditions of Use. This right is non-exclusive, non-transferrable, and cannot be sub-licensed. If required for technical reasons, the contents of the e-papers may be saved temporarily on the user’s technical infrastructure.

(3) When they open an e-paper provided by the Company, the user shall receive access authorisation that allows them to read the e-paper on their screen. The Company is free to determine the duration of the access authorisation for this free-of-charge Service.

(4) The user may only use the viewed e-paper for their own use. The authorisation under Section 1, Para. 4 of this agreement, above, can only be transferred to the user’s employees if said employees qualify as “authorised persons”, and shall only apply if protected markings (copyright notices and similar indications of authorship) and the reproduction of trademarks and names in the e-papers remain unchanged.

(5) The user shall not acquire any right to publish the viewed e-paper or parts thereof. In particular and unless expressly permitted in these Terms and Conditions of Use, the user is likewise not authorised to reproduce, modify, distribute, reprint, or permanently save (particularly in order to build a database) the texts or posts they have viewed or printed, whether in full or in part, or to forward them to third parties. With regard to the user, only the Company shall be entitled to all rights, in particular copyright rights of use and exploitation to the texts provided.

Section 2 Availability

(1) The user shall register by entering the requested information on the input screen. Once they have done this, the user can view the e-papers offered by the Company by clicking on the corresponding links.

(2) The user may only use the Service appropriately. In particular, the user shall keep the login information they have used to access the Company’s Service confidential, only forward it to authorised users, not tolerate or enable any other form of disclosure, take the necessary measures to ensure confidentiality and, in the event of misuse or loss of this information or suspicion thereof, report this to the Company. When forwarding login information to authorised persons, the User must inform said persons of these Terms and Conditions of Use and oblige them to comply with such.

(3) The Service shall generally be available 24 hours per day (hereinafter “Operating Hours”).

(4) Times during which data security work, system maintenance work, program maintenance work or work on the system or database is being carried out shall be excluded from the Operating Hours.

(5) The Company is also entitled to carry out such work during Operating Hours, provided this is necessary in the interest of the user. This may lead to disruptions in viewing information; the Company shall keep such disruptions to a minimum as far as possible.

(6) The technical requirements for the use of the Service are a suitable Internet browser and suitable Internet access. This is the responsibility of the user.

(7) The procurement of Internet access is not included in the scope of this Agreement.

Section 3 Access to the Service, non-permitted use

(1) Should the rendering of the contractual services be disrupted due to circumstances for which the Company is responsible, the user must make a complaint to the Company. Such services shall be restored without delay.

(2) The user is prohibited from using the Service in the following ways:

Accessing the Company’s Service using any computer programs that allow for the automated use or analysis of content (e.g. crawlers or robots).

Systematically downloading content

Making the content of the Service available in any form of network

Using the Service under a fictional or alien identity

Using the content for the purpose of other websites, (online) portals or document delivery services

Section 4 Fee for use

The use of the e-papers shall be free of charge for users.

Section 5 Defects and liability

(1) The Company assumes no liability for ensuring that the information provided in the e-papers is correct, up-to-date or usable in terms of content, nor for ensuring that the use of the Service leads to a desired success for the user. Any liability of the Company is excluded in this regard.

(2) The Company does not assume any liability for ensuring that the user is able to access the interactive processes correctly or that the dial-up process via the Internet is guaranteed at all times. Furthermore, the Company provides no guarantee that data will be exchanged at a certain transfer speed. However, sufficient server capacity in line with customary requirements shall be provided for the Service.

(3) Likewise, the Company shall not assume liability beyond its sphere of control for the security of data or for damage to the user as a result of improper use of the user’s login information. Disruptions that arise due to defects in or interruptions to the user’s computer or the user’s communication path to the Service shall likewise be excluded from the warranty.

(4) In the event of simple negligence, the Company shall only be liable for the breach of obligations that are material under the Agreement, and shall be limited to foreseeable damages and claims for expense reimbursement. This restriction shall not apply to injury to life, limb or health. The Company shall not be liable for other damages or expenses caused due to any fault in the Service caused by simple negligence.

(5) Regardless of any fault on the part of the Company, its liability shall remain unaffected in the event of fraudulent concealment of a defect for which it is responsible or that is covered by a guarantee given by the Company.

(6) The Company shall also be responsible for the Service accidentally not being available during its delay, unless the resulting damage would have also occurred if the Service were rendered on time.

(7) Personal liability of the Company’s legal representatives, vicarious agents and employees for damage caused by simple negligence on their respective parts is excluded.

(8) These Terms and Conditions of Use shall not affect any statutory liability privileges of the Company (e.g. Sections 7-10 of the German Telemedia Act – Telemediengesetz [TMG]).

Section 6 Improper use

(1) Should there be any suspicion of improper or unpermitted use or material breaches of the Agreement, the Company retains the right to follow up on these processes, to make appropriate arrangements and, should the suspicion be justified, to block the user’s access to the content – at least until the user dispels the suspicion – and/or to terminate the contractual relationship without notice if the breaches in question are particularly severe. If the user dispels the suspicion, the block shall be lifted. The user must inform the Company immediately of any improper use of the Service.

(2) The user must reimburse the Company for any damage resulting from a breach of obligations if the user is responsible for said breach.

Section 7 Termination 

(1) The Company may cease or modify the use of its Service at any time without specifying grounds and terminate the agreement of use with the user. Likewise, the user may at any time terminate the use of the Service, i.e. access to the e-papers as well as notification thereof via e-mail, or object to the sending thereof. The user’s access to the Service will be blocked once termination becomes effective. Notice of termination must be provided in writing, i.e. by e-mail, letter or post addressed to:

Bauverlag BV GmbH

Friedrich-Ebert-Str. 62

33330 Gütersloh, Germany

(2) Each party shall also be entitled to termination for good cause.

(3) In particular, the Company shall be entitled to terminate in the following circumstances:

If the user continuously breaches provisions of these General Terms and Conditions despite a written warning, and/or

If the user commits wrongdoing against a third party by using the Company’s service for unlawful purposes

Section 8 Applicable law

These Terms and Conditions of Use shall be subject exclusively to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.

Section 9 Jurisdiction

If the user does not reside in the Federal Republic of Germany, or if they move their residence abroad after entering into the Agreement or their place of residence is not known at the time that an action is filed, the jurisdiction for all disputes arising from and in connection with this contractual relationship with the Company shall be at the registered office of the Company.

Section 10 Severability clause and written form

(1) Should individual provisions of this Agreement be or become fully or partially ineffective or void, this shall not affect the remaining provisions of the Agreement. The Parties undertake to replace the ineffective or void provision with an effective provision that comes as close as possible to the economic purpose of the original provision. The same shall apply in the event of a loophole.

(2) Any amendments or supplements to these Terms and Conditions of Use must be made in writing.

Bauverlag BV GmbH, Friedrich-Ebert-Straße 62, 33330 Gütersloh, Germany

Telephone: +49 (0) 5241 2151 1000

E-Mail: leserservice@bauverlag.de

Managing Director: Michael Voss