COSIS.net Marketplace Terms and Conditions
1. COSIS.net Marketplace offers a special online service for science affiliated companies facilitating the information exchange between these companies and scientists respectively related organizations (hereinafter "Marketplace Service"). Marketplace Service is open for science affiliated companies only. The Basic Version of Marketplace Service is FREE of charge. Marketplace Service is accessible under the web address cosis.net/marketplace and is provided by e-public: electronic publishing + consulting GmbH (hereinafter the "Provider"), see Imprint for further information.
2. By accepting these COSIS.net Marketplace Terms and Conditions any appropriate company who logs in COSIS.net Marketplace the first time after accepting these COSIS.net Marketplace Terms and Conditions or newly registers with COSIS.net Marketplace (the recipient of the service hereinafter referred to as the "Marketplace User") enters into a legally binding agreement with the Provider on the basis of these Terms and Conditions. The Marketplace User can deregister from Marketplace Service at the end of a calendar month if prior notice is given to the Provider in writing (to: e-public: electronic publishing + consulting GmbH, Kreuzbergstr. 30, 10965 Berlin, Germany or by email to: email@example.com or by fax to +49 (0)30 26 55 09 41) at least one month before.
3. a) Marketplace Service provides a Basic Version which is free of charge. It offers Marketplace Users a profile within COSIS.net Marketplace including e.g.
b) Marketplace Users can upgrade to a fee based Premium Version of Marketplace Service. Any Marketplace User wanting to subscribe to this Premium Version can do so separately and will be asked to confirm such upgrade. Applicable fees will be shown during this separate subscription process. The Premium Version extends possibilities for Marketplace Users and improves their visibility on COSIS.net Marketplace by means of publishing e.g.:
4. Marketplace Service is provided "as it stands" and as described in number 3 above. The Provider disclaims any and all representations and warranties, whether expressed or implied, for example correctness in regard to data and information available on COSIS.net Marketplace or COSIS.net in general, fitness for any particular purpose or non-infringement. The Provider is not liable for any damage, whether material or immaterial, which is caused by or in connection with the usage of COSIS.net Marketplace or COSIS.net in general. This does not apply to damage which is caused by the Provider intentionally or grossly negligent, damage which results from a culpable injury of a principal obligation by the Provider or culpable injury to life, body or health.
5. The Provider reserves the right to change and adjust Marketplace Service or parts thereof at any time as long as this does not constitute an undue burden on the respective Marketplace User.
6. Marketplace Users do not obtain any claim to use the free Basic Version of the Marketplace Service, claim to any particular performance or application of this Basic Version or claim to its running and availability.
7. Marketplace Service builds mainly on information and data stored on the request of Marketplace Users and individual COSIS.net users. The Provider neither previews nor automatically reviews such information or data stored on request of Marketplace Users and individual COSIS.net users. Therefore, the Provider cannot have current knowledge of possible violations of law caused by information and data that is stored on request of Marketplace Users and individual COSIS.net users. The Provider is not liable for such information and data (Article 14 of Directive 2000/31/EC). The Provider will, upon obtaining knowledge about or awareness of such illegal information or data, act expeditiously to remove or disable access to such information or data. Marketplace Users may only request storage and/or publication of such information or data that they may legally store and/or publish. Marketplace Users must not request storage and/or publication of any information or data that violate any third party's copyright or any other intellectual property right or any other right.
8. Marketplace Users indemnify the Provider from any claims raised by third parties in connection with information and data stored on request of the respective Marketplace User. The indemnification covers all adequate expenditures, for example court and lawyer's fees.
9. If a Marketplace User is of the opinion that any information provided within COSIS.net Marketplace or COSIS.net in general violates its or any third party's rights, such Marketplace User shall notify the Provider before taking any legal action. Upon such notification, the Provider will expeditiously check the objectionable information and data and will, where necessary, remove or disable access to this information and data. The Provider will respond to such notification within five business days. Marketplace Users shall not take any legal action before the Provider has dismissed the notification or five business days have passed without response. The Provider disclaims liability for expenditures, including court and lawyer's fees, if legal action is taken earlier, unless the Provider has caused the violation intentionally or grossly negligent or has culpably injured a principal obligation
10. The Marketplace User agrees that information and data stored on the request of this respective Marketplace User will be kept available on COSIS.net Marketplace as long as the respective Marketplace User does not (1) where possible in COSIS.net Marketplace delete this information and data itself or (2) demands deletion from Provider either in writing to: e-public: electronic publishing + consulting GmbH, Kreuzbergstr. 30, 10965 Berlin, Germany or by email to: firstname.lastname@example.org or by fax to +49 (0)30 26 55 09 41 or (3) de-registers from both Basic Version and (where applicable) Premium Version of COSIS.net Marketplace, too. Provider does undertake reasonable effort and expeditious steps to perform deletion upon request or de-registration.
11. The Marketplace User must not misuse the Marketplace Service. Misuse of the Marketplace Service includes for example: insults to other Marketplace Users or individual COSIS.net users; racial and ethnical hatred and discrimination; automated or exceptionally large manual retrieval of other Marketplace Users' or individual COSIS.net users' profile data ("data harvesting"); technical attacks on the servers, registration for Marketplace Service without science affiliation.
12. All information and data provided within COSIS.net Marketplace by the Provider and/or Marketplace User and/or individual COSIS.net user may only be accessed manually by a natural person using ordinary internet devices. The Marketplace User must not store, process or make use of any other Marketplace User's or individual COSIS.net user's information and data for any other purpose than the natural purpose of such information and data being published within COSIS.net Marketplace by the respective user.
13. The software running COSIS.net Marketplace, the site design, the graphics and/or other content originating from the Provider are protected by copyright and other intellectual property rights of the Provider.
14. Marks for Goods and Services can possibly be used without any identification. This does not mean that such marks are not registered trademarks or other legally protected signs or such marks or signs were not protected by any applicable law. Such trademarks and other legally protected signs are property of their respective owners and must not be used by Marketplace Users in any unlawful way.
15. These Terms and Conditions can be subject to amendment by the Provider. The Marketplace User agrees to amendments if the Marketplace User is notified of amendments by email and does not actively object to such amendments in writing to: e-public: electronic publishing + consulting GmbH, Kreuzbergstr. 30, 10965 Berlin, Germany or by email to: email@example.com or by fax to +49 (0)30 26 55 09 41within one month after notification.
16. Individual terms and conditions need to be concluded in written form.
17. These Terms and Conditions are an agreement solely under the law of the Federal Republic of Germany and the law of the European Union (European Communities), insofar as it is directly applicable within Germany. The Provider and the Marketplace User waive all other law, including the law at the place of residence or usage of the Marketplace User (where outside Germany) and any international trade law.
18. The place of jurisdiction for all issues that arise from the usage of the Marketplace Service including these Terms and Conditions is Berlin, Germany.
19. If any provision of these COSIS.net Marketplace Terms and Conditions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Provider observes the applicable data protection laws. For the protection of personal data on COSIS.net see Data Protection Statement.
Language Notice: Should there be a Marketplace User who is not capable to fully understand these COSIS.net Marketplace Terms and Conditions in English language such Marketplace User shall before accepting these COSIS.net Marketplace Terms and Conditions contact e-public: electronic publishing + consulting GmbH, Kreuzbergstr. 30, 10965 Berlin, Germany either by email to: firstname.lastname@example.org or by fax to +49 (0)30 26 55 09 41 and will then receive a German version of these COSIS.net Marketplace Terms and Conditions. However, in case of doubt the English language version is the valid version of these COSIS.net Marketplace Terms and Conditions.
Sprachhinweis: Sollte ein "Marketplace User" nicht in der Lage sein, diese Allgemeinen COSIS.net Marketplace Geschäftsbedingungen vollständig in englischer Sprache zu verstehen, sollte sich dieser Marketplace User bevor er diese Allgemeinen COSIS.net Marketplace Geschäftsbedingen akzeptiert mit e-public: electronic publishing + consulting GmbH, Kreuzbergstr. 30, 10965 Berlin, Germany entweder via Email an: email@example.com oder via Fax an +49 (0)30 26 55 09 41 in Verbindung setzen und wird dann eine deutsche Fassung dieser Allgemeinen COSIS.net Marketplace Geschäftsbedingungen erhalten. Dennoch ist im Zweifelsfalle die englischsprachige Version dieser Allgemeinen COSIS.net Marketplace Geschäftsbedingungen die maßgebliche Version.