Wiley-VCH GmbH, Weinheim, Germany, General Terms of Use for the Online Service ChemistryViews.org
ChemistryViews.org (“ChemistryViews”) offers users access to its databases and the services associated with those databases. ChemistryViews provides its services exclusively on the basis of these terms of use. Conditions apply that are published online at the time our services are used. We will not recognise any conditions deviating from these rules, unless we have confirmed them in writing. By using or registering with ChemistryViews you agree explicitly and without any further explanation to these terms of use.
1. Access to ChemistryViews services and additional networks
ChemistryViews grants the user access to its services. The internet and other networks are independent of ChemistryViews. ChemistryViews is not liable for content received or disseminated through the internet or other networks. Usage of the internet or other networks takes place at the user’s own risk and cost. The user undertakes to comply with any statutory provisions, administrative directives, contractual terms, or standards that apply to his usage. The user shall be responsible for keeping himself informed about current rules that apply to use. ChemistryViews is generally available 24 hours a day. ChemistryViews neither guarantees accessibility nor that specific search results can be obtained by using the ChemistryViews search templates.
2. Content of third parties
ChemistryViews provides, among other things, information, data, software, communications, contact, etc. (termed ‘Content’ in the following) offered and made available by third parties. ChemistryViews is not liable for the Content of third parties. The user is responsible for using, disseminating, utilising, or processing Content according to applicable statutory provisions, administrative directives, contractual terms, and standards. In particular, the user will comply with existing copyrights. Selection and checking of Content is incumbent exclusively upon the user. Moreover, the user shall be exclusively responsible for keeping himself informed about any rules that apply to use.
3. Legal transactions with third parties and utilisation of services
So far as the user concludes a contract with a third party for the purchase of products or services, the transaction takes place exclusively between the user and the third party. Any objections raised by the user to such transactions can only be raised toward the third party. So far as the user conducts payment over the internet or other networks, he is herewith advised of potential security risks.
4. The user’s Content
So far as the user offers Content through access provided by ChemistryViews in the internet or other networks, he is obligated to comply with any statutory provisions, administrative directives, contractual terms, or standards that apply. In particular, the user must comply with existing copyright. The user shall be responsible for keeping himself informed about all applicable rules. The user is obligated to secure ChemistryViews against any claims by third parties that could be asserted against ChemistryViews due to the infringement of a third party’s rights. The user is furthermore obligated to compensate ChemistryViews for all damage and appropriate expenses incurred by ChemistryViews in connection with such usage by third parties. The user grants ChemistryViews the necessary rights to his Content for disseminating his Content. This legal granting is free of charge and non-transferable and encompasses the right to revision and duplication.
5.Guarantee
ChemistryViews assumes no guarantee for the accuracy and retrievability of data contained in the database, nor likewise for updates thereof. Moreover, technical inaccuracies and spelling errors not significantly impairing usage of the database content do not justify rights of guarantee. ChemistryViews will, however, endeavour to correct such errors immediately following notification. Exempt from all guarantee are the material existence, suitability, and correctness of public data transmission lines implemented by the user and the user’s own data transmission device. So far as a date or data of the ChemistryViews database contains errors that do not insignificantly impair the usability of the date or data in a manner regarding the content or technical presentation, the provider will correct these errors immediately.
6. Liability
ChemistryViews is liable for intent and gross negligence, for slight negligence but only in the event of violation of duties essential to the contract. The size of claims for compensation is limited to the extent of foreseeable damage. The liability does not extend to damage that the user sustains through loss or misuse of his password, likewise not to data in the database originating from third parties.
7. Copyright
Content distributed through ChemistryViews is proprietary. Any usage is subject to applicable copyright and copyright protection laws. The user commits himself to recognise and comply with these laws. Downloaded and/or printed out search results are only for the private and otherwise own use of the user, or in the case of information brokers, for the own needs of the client. The downloaded and/or printed out data may not be electronically or otherwise disseminated, publicly reproduced, or republished outside the boundaries of private and otherwise own use, and in particular may not be relinquished to third parties, unless prior written permission is granted by ChemistryViews. The user may not remove copyright notations, trademarks, or other legal reservation from accessed data.
Images and photographs
Unless explicitly stated, all images are credited to, and remain the copyright of, Clipart.com, a division of Getty Images. No permission can be given by the Publisher for further syndication of these images.
8. Registration
If required, the user must register with ChemistryViews to access some Content. Registration itself is free of charge and leads to no obligations for payment.
9. Username and password
It is incumbent upon the user to maintain and monitor storage and use of his password or other security instruments in a secure manner. ChemistryViews is not liable for damage sustained by the user through misuse or loss of the username and password assigned to him.
10. Data protection
The user is herewith informed in accordance with the German Federal Law for Data Protection that ChemistryViews saves his complete address and any other data he provides in a machine-readable form and processes this data mechanically for the purpose of fulfilling the contract. ChemistryViews guarantee confidential treatment of the data.
11. Applicable law, place of fulfilment
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Purchase Law. The place of fulfilment is Weinheim. The court of jurisdiction for all legal disputes arising out of or in connection with this agreement is, so far as admissible, Weinheim.
12. Severability clause
Should one of the provisions of these general terms of use be partially or entirely not effective in law or should their legal effect later become void, the validity of the remainder of the general terms of use is not effected. In this event, legal regulations take the place of the ineffective provisions. The same holds should the general terms of use possess possible gaps in regulation.
13. General terms and conditions for publication of online advertisements (ads) on ChemistryViews
Wiley-VCH GmbH, Boschstraße 12, 69469 Weinheim – represented by the Managing Director Mr. Bijan Ghawami – These general terms and conditions govern the conclusion and execution of the contract between Wiley-VCH GmbH (ChemistryViews) and the customer (client) in the realm of online advertising as well as the rights and duties of both parties. Subject of the general terms and conditions The subject of the general terms and conditions is the provision for contractual terms of contracts of ChemistryViews with advertising customers with regard to the publication of employment ads on the website ChemistryViews within the framework of online advertising. General terms and conditions apply in the version valid at the time a contract is concluded. Publication of ads on ChemistryViews.
Advertising Contract
1. Conclusion of the advertising contract
The ‘advertising contract’ in the sense of the following general terms and conditions is the contract for placing one or more ads of an offer or other interested party (client) on the website ChemistryViews. The contract is concluded once ChemistryViews has confirmed the client’s order. The order can be made by filling out the form provided on the website or in any other manner, in particular via e-mail, fax, telephone, or letter. The confirmation of the order placement will be sent to the client following receipt of the advertisement order via e-mail or by another means once the order has been checked by ChemistryViews. The contract is concluded with confirmation subsequent to checking or through release of the ad. Details contained in the order, in particular with regard to the start and duration of the placement of the ad, apply as agreed between the two parties. Should the details in the order confirmation not concur with the intention of the client, the client will ask ChemistryViews to make appropriate corrections.
2. Information duties
The client is obligated upon submission of an order to provide truthful information. Should the user neglect to provide this information or provide false information from the start, in particular a false address, ChemistryViews can withdraw from the contract, so far as a contract has been concluded.
3. Right of refusal
ChemistryViews reserves the right to refuse an order for an ad based on its content, origin, or the technical configuration. This holds especially when the content of the ad violates legal or regulatory proscriptions or violates morality or the publication is in any other way unacceptable. In the event that an ad already published online should violate in its content or in its form legal or regulatory proscriptions or morality, ChemistryViews has the right to remove this ad without delay from its service. ChemistryViews will inform the client without delay about the removal of the service and arrange further action with him. Should an ad be rejected before placement or an ad already placed be removed, the client has no claim for compensation by ChemistryViews, so far as the ad violates legal or regulatory proscriptions or morality, or the publication is unacceptable for ChemistryViews for other reasons. So far as the client is held responsible for this, ChemistryViews is entitled to corresponding compensation.
4. Delivery of ads
When providing an ad for publication, the following options are available to the client:
– Submission of data through the online form;
– Transmission of data via e-mail, letter, fax or other;
– Transmission of a digital master copy;
The client is responsible for complete delivery of the ad copy. Delivery must take place in sufficient time before the starting date of placement as agreed in the order confirmation. Delays resulting from the content of the ad material provided by the client, be they due to content or of technical nature, are not the responsibility of ChemistryViews.
5. Violation of the rights of a third party
ChemistryViews is not obligated to check the text or artwork provided by the client, nor the technical configuration of the ad for infringement of the rights of third parties. So far as protected trademarks are used in the publication of the ad, permission of their use is considered granted upon placement of the advertisement order. The client guarantees that he has the right to grant permission. The client secures ChemistryViews explicitly against all claims by third parties arising from the form, content and configuration of the ad. This applies especially for all violations of copyrights and trademark laws.
6. Publication of the ad
ChemistryViews will provide users with access to the client’s ordered ad online at the agreed time and for the agreed period of placement within the framework of the employment section of the website ChemistryViews.org. The client is required to check the ad placed online at the agreed time forthwith and within 24 hours of the first work day following the first placement report any flaws without delay. Should the client neglect to report flaws, the placement of the ad is considered free of error.
7. Modifications to the ad
ChemistryViews will only carry out upon request of the client amendments to the employment ad during the publication period so far as the alteration is required due to a demonstrable error on the part of ChemistryViews. All other alterations are subject to a charge.
8. Acquisition of the ad by third parties
ChemistryViews is not authorised without the express agreement of the client to pass on the ad in whole or in part to other online or offline media for publication. ChemistryViews is not liable for unauthorised transfer of the ad or individual parts of the ad to the services of third parties since such a transfer can not be complete excluded due to the current state of technology. Should such cases become known to ChemistryViews, they will inform the client about it.
9. Payment
Payment is due to ChemistryViews for placing and maintaining the ad. The amount of payment, so far as not agreed in writing by the parties, is based on the published online price list of ChemistryViews. The applicable price list is the one published on the internet at the time the client’s order is received. The invoiced sums are payable immediately and without discount, so far as nothing else has been agreed. Payment is regarded as complete when it is deposited in the account of ChemistryViews. The client is only entitled to any right of retention if and so far as his counterclaim arises from the same contractual relationship. A declared setoff on the part of the client is excluded when the counterclaims of the customer are not legally binding or recognised by ChemistryViews.
10. Guarantee
ChemistryViews guarantees the best possible reproduction of the ad based on general technical standards. However the client is aware that according to the current state of technology it is not possible to create a programme complete free of errors. An error in the display of the ad does not exist in particular when brought about through the use of inappropriate software or hardware, through disturbances in the communication network of other providers, through a loss of computer capacity of an internet access provider or an online service or through incomplete and/or not updated services on proxy servers of commercial and non-commercial providers and online services. So far as display of the ad is not possible due to causes for which ChemistryViews is responsible, the client is entitled to a faultless substitute ad, however only to the extent to which the purpose and use of the ad was impaired. Should the placement of a substitute advertisement fail for some reason, the client is entitled to choose between demanding a retraction of the contract (annulment) or decrease in the ad price (reduction). Compensation claims by the client, on the other hand, are excluded. General provisions
11. Liability
ChemistryViews is liable for intent and gross negligence of its staff, legal representatives, and executive staff without restrictions. That also holds for explicitly warranted characteristics. ChemistryViews is liable for slight negligence only so far as contractual duties were breeched that are essential for attaining the aim of the contract and fulfilling the purpose of the contract (cardinal obligation). So far as cardinal obligations are negligently violated in the above-mentioned sense, liability is limited to damage typical for the contract. Excluded in particular is liability that could result in some manner from an incorrectly concluded employment contract or liability for such content for which ChemistryViews is not responsible. Customer liability is in any case limited for gross and slight negligence, auxiliary persons who are not legal representatives or executive employees, also for intent from which customarily and typically in such cases foreseeable damage arises that is beyond the control of the client.
12. Data protection
ChemistryViews records and stores by means of electronic data processing without explicit agreement only data which is necessary to fulfil the order and execute the contract. ChemistryViews uses all data provided only for the purposes to which the user has agreed. Compliance with the provisions of the Federal Data Protection Law is guaranteed.
13. Other
In business transactions with business persons and legal entities of public law, the court of jurisdiction for all legal disputes arising out of this agreement is Weinheim. Besides this, ChemistryViews is also entitled to file a claim in the jurisdiction of the client. Should one of the provisions of the fulfilment contract or of the general terms and conditions be not effective in law or its legal effect should later become void, the validity of the remainder of the general terms is not affected. In this event, the contractual partners obligate themselves to arrange a substitute provision for the ineffective provision that is close in kind and economically sound.
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Neither the Authors nor Wiely-VCH accept any responsibility or liability for loss or damage occasioned to any person or property through using the materials, instructions, methods or ideas contained herein, or acting or refraining from acting as a result of such use. The Authors and the Publisher expressly disclaim all implied warranties, including satisfactory quality or fitness for any particular purpose.
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Purchase Law.
Place of fulfilment is Weinheim.
Supplementary agreements, amendments, and additions must be made in writing to be legally effective; this holds in particular for the revocation of this provision.