General terms and conditions for the use of the online database and the subscribers section of the Lexxion website
(as of 11 June 2010)
All services of Lexxion Verlagsgesellschaft mbH - given below as "Lexxion" - are being carried out solely on the basis of the following terms and conditions.
Terms and conditions deviating or contradicting or supplemental to our general terms and conditions are not part of the contract, even when acknowledged, unless their application is explicitly agreed upon in a written form.
§ 1 Object and availability
1.The online database and the subscribers' section of the Lexxion website provide the customer with the contents of the following journals / loose leaf collections in full text for the duration of the subscription period, as well as numerous judgements:
- AbfallR - Zeitschrift für das Recht der Abfallwirtschaft
- EurUP - Zeitschrift für Europäisches Umwelt und Planungsrecht
- ImmoStR - Zeitschrift zum Immobilien-Steuerrecht
- StoffR - Zeitschrift für Stoffrecht
- CCLR - Carbon & Climate Law Review
- EFFL - European Food and Feed Law Review
- EJRR - European Journal of Risk Regulation
- EPPPL - European Public Private Partnership Law Review
- EStAL - European State Aid Law Quarterly
- RELP - Renewable Energy Law and Policy.
2. The online database and the subscribers section of the Lexxion homepage are accessible 24 hours a day and 7 days a week. For maintenance reasons the system needs to be shut down at regular intervals at less frequented times. Disruptions due to technical errors cannot be excluded. Lexxion does not answer for limited availability of this service. 3. Lexxion is entitled to alter the service offer of the online database and the subscribers section of the Lexxion homepage at any time.
§ 2 Terms of use of the online database and the subscribers section of the Lexxion homepage
1. The use of the online database and the subscribers section of the Lexxion homepage is reserved to customers of the articles given in §1.
2. Access to the online database and the subscribers section of the Lexxion homepage is granted to customers for the duration of the subscription only. On expiry of the subscription the online access will be deactivated. It is incumbent on customers to secure their items of interest via download or printout prior to the expiry and the resulting deactivation of their online access.
3. Usage of this service is possible only by registration and receipt of online access data (user name and password).
4. Institutional customers can be connected to the online database and the subscribers section via the customer's IP range. Special conditions apply for the connection of the online service via IP range, so that prices can deviate from the prices given in our online shop and may be asked for.
§ 3 Data privacy information, confidentiality
1. We hereby inform customers that we store and process their full address in machine-readable form. Data will not be transferred to third parties without the customer's explicit consent.
2. Search profiles of users can also be stored and processed electronically.
3. Unless explicitly agreed upon in a written form, all information passed to Lexxion will be regarded as non-confidential.
4. The customer is obliged to observe legal data privacy regulations. Customers are prohibited from extracting or modifying data not intended for their use from the Lexxion homepage.
§ 4 Copyright / authorisation level
1. All rights reserved.
2. Lexxion explicitly reserves all publishing, reproduction, processing and utilisation rights for the contents of the Lexxion homepage.
3. Customers are obliged to use search results of the online database and the subscribers section for personal use only. This includes the right to save search results. Any usage beyond this, especially
- commercial exploit of search results
- reproduction of search results and other data on further data storage media,
- use of issued data for mass reproduction, requires written agreement.
These obligations continue to apply after the expiry of a contract.
§ 5 Warranty / liability
We do not provide warranty for completeness and accuracy of the information and documents published in the online database and the subscribers section. The same applies for the accuracy, completeness and / or topicality of the directions for use. Lexxion does not provide warranty for damages resulting from errors of stored data or errors occurring with the reproduction of data.
§ 6 Customers' rights and duties, breach of contract
1. The customer is obliged to keep access data (user name and password) strictly confidential in order to prevent unauthorised use of the online database and the subscribers section of the Lexxion homepage by third parties. Customers also must ensure that any users employed in their institution / company likewise follow this obligation.
2. The user is obliged to use the online database and the subscribers section of the Lexxion homepage according to their designation only. As far as Lexxion publishes terms of use, users are liable to observe them.
3. Users are asked to inform Lexxion immediately on obvious defects and damages.
4. If a customer or user violates any contract regulations, Lexxion is entitled to disable their access to the online database and the subscribers section. Indemnity claims remain untouched by this regulation.
§ 7 Final clause
1. The law of the Federal Republic of Germany applies solely.
2. If the customer is a merchant, a legal person under public law, or a special fund under public law, Berlin is the executive jurisdiction for all disputes regarding this contract. The same applies if the customer does not have a legal forum in Germany or if the customer's place of residence or habitual residence are unknown at the time of the filing of the lawsuit.
3. Should single regulations of the contract with the customer, including these general terms and conditions, be or become wholly or partially invalid, the validity of other regulations remains unaltered. The invalid or partly invalid regulations are then to be substituted for regulations whose economic success is closest to the respective invalid regulations.
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