Disclaimer/General trade terms and conditions
0. Preamble
bookoobook operates under various domains (bookoobook.net, bookoobook.de, bookoobook.net, bookobook.de) the services of bookoobook. These general trade terms and conditions apply for all websites whose services are made available to bookoobook.
These general trade terms and conditions regulate the contractual relationship between the user and bookobook, independent of which bookoobook websites the user registers and logs in.
The user concludes the contract for use of services of bookoobook with bookoobook GmbH, Taunusstrasse 35, 55118 Mainz. Further contact information, the trade register data, as well as the names of the representing person of bookoobook GmbH, may be taken from the publishing information.
The user may at any time call up, print out, download respectively save the general trade terms and conditions after the conclusion of the contract under the bookoobook website link "AGB".
bookoobook may occasionally change this contract. In such a case the registered users will be informed by email. Not registered users will be informed by the homepage. If you continue to use the bookoobook services after the notification of a changed contract, then you thereby agree to the changed contract.
Carefully prepare information which you want to make available through the bookoobook services or publish for other users, in order to secure the level of the context. Upon sending your file to bookoobook a change of these data is only possible by the administrator and only against a processing fee. Therefore carefully read your file!
Should your turned in files not fulfil the bookoobook requirements, then bookoobook reserves not to activate the applicable file. In this case you will be notified by us, bookoobook reserves also the right, at any time, without reason, partly or in whole according to their own discretion to remove your files or to deny access, restrict, suspend or terminate the bookoobook services. This will take place with or without prior notice or statement excluding liability.
1. Subject
1.1 User
This contract about the condition of use settles the obliging conditions for the use of bookoobook services. By using the bookoobook services you commit yourself to abide to this contract, either as "visitor" (this means you use the bookoobook service in any way, without being registered) or as "member" (this means you are registered with bookoobook). The word "user" concerns all visitors and members. You may only use the bookoobook service (whether the page view resp. the use is intended or not), if you agree to the up keeping of all effective laws and agreeing to the conditions of this contract. Read the contract carefully and keep it safe. If you intend to become a member, you will have to read this contract and as part of the registration agree to it.
1.2 Fees
You agree, that bookoobook has the right, to invoice fees for parts of the bookoobook services (advertising and processing files) and to change these if necessary from time to time upon their sole discretion. If bookoobook terminates the membership based on a default by you of the contract, then you have no claim for reimbursement of non used fees or payments. For the use of software, data file or website, no fees are charged by bookoobook now. bookoobook reserves the right to make their service subject to charge upon an applicable notification period and will inform the contractual partner by email, offering the contract with amended conditions. Should the contractual partner not accept the contract offer within a certain time period, then this contract ends at the time, when a fee is being charged.
1.3 Invoice
Particularities to fees for the disposition of a file are settled in the area "fees". The stated prices are binding. The fees as well as the disposition of files, also the advertisement is upon invoicing for the whole term immediately payable. As payment only advanced payments are accepted. bookoobook will transfer the invoice for the fees by email.
1.4. User data
bookoobook only makes the files offered by you available to other users, if these files do not infringe legal regulations or violate these general terms und conditions. bookoobook is authorized, without prior notice (see 4.1) to eliminate illegal context from the bookoobook websites.
1.5. Technical availability
You accept that a 100% availability of bookoobook websites can not be realized technically. bookoobook will make every effort to keep the bookoobook websites constantly available. Especially maintenance, security and capacity reasons, as well as events, which are not in bookoobook`s reach of power (like disturbances of public communication networks, blackouts, etc) could lead to short term disturbances or to a temporarily termination of the services on bookoobook websites.
1.6 Contract formation
bookoobook only offers you a platform with the possibility, to gain information about the placing of certain book licenses and to inform third parties about own titles. bookoobook provides only such technical applications which enable a general contacting of the users with each other. bookoobook does not participate in context in the communication of the users with each other. Insofar as users make contracts by bookoobook websites, bookoobook is not participating and will not become a contractual partner. The user is sole responsible for the processing and the settlement of the contract with each other. bookoobook is not liable, if in connection with the bookoobook websites such a contract does not result in contact between the users. bookoobook is also not liable for breaches of contract of users out of contracts made between the users.
2. Registration, assurance with registration
2.1 obligation of integrity
You assure that all data given with the registration is true and complete. You are obligated to immediately notify bookoobook about changes in your user data.
The user may not use assumed or artist's names.
2.2 Legal capacity
You assure to be of full age and of legal capacity at the time of registration.
2.3 Password
With the application you select a password. You are obligated to keep your password secret. bookoobook will not forward the password to third parties and at no time will ask you for the password.
2.4 Term of contract
This contract and all announced changes of contract remain effective for the whole term of the use of bookoobook services resp. for the term of the membership of the user. You may at any time without stating reasons terminate your membership. Liabilty claims do not arise. This contract remains effective even upon the termination of the membership.
3. Copyright law to the content of bookoobook
3.1 Publication of contexts
bookoobook demands no property rights on texts, files, pictures, photos, videos, sounds, music work, copyrighted works, applications or other material (altogether "content") which you publish on or by bookoobook services. Upon the publication of the contents with bookoobook services, you keep, pending to the here valid restricting licenses further on all rights, which you have on the content. With the display or publication ("appointing") of the contents on or by bookoobook services, you grant bookoobook services a restricted license, to use the contents only on or by the bookoobook services, to modify, to erase, to amend, to offer to the public, to reproduce and to distribute. This includes the distribution of a part or the total bookoobook website in various media formats and by various media channels. Contents marked as "private" may not be published outside of the bookoobook website. This restricted license does not give bookoobook the right, to sell contents outside of the bookoobook services or to distribute them in any other way. If you remove your contents from the bookoobook website, we will stop the distribution as practicable and as soon as possible.
3.2 bookoobook license
With the license, which you as user grant, it concerns a simple (meaning, you can apart from bookoobook also grant a license to the content to others), further licensing (so bookoobook may interlock connected companies and suppliers and other partners in order to offer the bookoobook services) and world wide license (as the internet and the bookoobook services are offered globally).
3.3 Author insurance
You assure, guarantee and declare, that: (i) you are the owner of the contents which is published on or by bookoobook services or for other reasons authorized to grant the displayed license and (ii) the publication of the content on or by the bookoobook services does not contravene effective law, including among others laws to protect data, utilization laws, rights of intellectual property, copyrights, contractual or other rights of natural or juristically people. You obligate yourself to pay all license fees, invoices or other amounts, which you owe to natural or juristically people based on the publication of contents on or by the bookoobook services.
3.4 Sanctity of contents
bookoobook services contains contents of users and other bookoobook licensers. Unless contrary statements are made in this contract, the copying, changing, translating, publishing, transferring, distributing, offering, announcing or selling of the contents on or by the bookoobook services is prohibited.
4. Published contents
4.1. Rejecting/Erasing of contents
bookoobook may reject the contents for various reasons, not permit the publishing or erase it. This includes contents which contravenes this contract or which is unlawful or infringes the rights of natural or juristically persons or damages other natural or juristically persons or infringes their safety. This includes especially contents, which could make the user chargeable, like:
- the publishing of propaganda means of more unconstitutional organisations (§§ 86, 86a criminal code)
- incitement of the people by distribution of writings of unconstitutional organisations (§§ 130 II no. 1 criminal code)
- seduction to crimes (§ 130a criminal code)
- propagation of tyrannical writings (§ 131 I criminal code)
- insulting of denominations, religious communities and ideological communities (§ 166 criminal code)
- distribution of pornographic writings, especially child pornography, sexual actions of human beings and animals, as well as presentations of primary copulatory organs (§ 184 ff criminal code)
- insults, defamation and libel (§ 185 ff criminal code)
- forbidden information about non public court trials (§ 353 d criminal code)
- distribution of writings liable to corrupt the young (§ 21 no. 3a III GJS)
- the non permitted utilization of copyright works ( 106 UrhG)
Furthermore the utilization of obnoxious contents, ambivalent terms and other presentations, which are at the edge of legality are also forbidden.
bookoobook does not assume responsibility for the monitoring of the bookoobook services concerning non suitable contents or non suitable behaviour. Also, if bookoobook at any time decides upon its sole discretion, to monitor the bookoobook services, bookoobook nevertheless does not assume responsibility for the contents nor the amendments or removal of non suitable contents or the behaviour of the user, who publish the contents.
4.2 Responsibility for contents
You as the user assume the sole responsibility for the contents you publish on or by bookoobook services, for all material and information; you transfer to other members as well as your interaction with other users.
4.3 Data security
You have the sole responsibility that the content, which you publish on or by the bookoobook services and all information, which you offer, does not infringe the valid data security laws. Including the fact to obtain the prior agreement from all persons, whose personal information data you use and/or present with bookooobook. bookoobook explicitly advises you, that data security for data transfer in open networks, like the internet is not one hundred percent guaranteed at the present technical state.
5. Disclaimer of liability
bookoobook does not assume responsibility and makes no explicit or tacitly warrants concerning the contents of the users or the correctness and reliability of the published contents published on or by bookoobook services. This is independent from the content of the users on bookoobook services or the appliances or programs which are used in connection with bookoobook services to publish such. The published contents of the users do not represent the opinion or regulations of bookoobook. Profiles and applications of third parties which are published and prepared on the bookoobook website may include links to other websites. bookoobook is not responsible for the correctness or the opinion of the contents which are expressed on these websites. The presence of linked websites on bookoobook services does not allow reading an agreement or approval of bookoobook services. bookoobook does not check and monitor the correctness and completeness of such websites. If you pull on such websites of third parties, it is at your own risk. bookoobook does not assume the responsibility for advertisement or the application of third parties, who publish on or by the bookoobook services. bookoobook also does not assume responsibility for offered products of such advertisement companies or services. bookoobook is not responsible for the online or offline behaviour of users of bookoobook services.
6. Restriction of liability
BOOKOOBOOK IS UNDER NO CIRCUMSTANCES LIABLE TO YOU OR THIRD PERSONS FOR INDIRECT, FOLLOW-UP, EXACERBATED, CASUALLY CAUSED, TANGIBLE OR AS PUNISHABLE DUE DAMAGE, INCLUDING THE THEREBY LOST PROFIT IN CONNECTION WITH THE USE OF BOOKOOBOOK SERVICES, EVEN IF BOOKOOBOOK HAS ADVISED ABOUT SUCH POSSIBLE DAMAGE. NOTWITHSTANDING TO CONTRARY STATEMENTS IN THIS CONTRACT THE LIABILITY OF BOOKOOBOOK IS RESTRICTED TO CAUSES OF VARIOUS NATURE AND INDEPENDENT OF THE NATURE OF THE CLAIM FOR THE FOR THE DURATION OF THE MEMBERSHIP PAID FEE FOR BOOKOOBOOK SERVICES.
7. Disputes
The contract is subject and ruled by the applicable laws of the Federal Republic of Germany, without consideration to collision norms. The user and bookoobook submit themselves exclusively to the jurisdiction of the courts in the Federal Republic of Germany for the settlement of disputes, which may result in connection with this contract or bookoobook services.
8. Indemnity
You agree to free and indemnify bookoobook and connected companies as well as managing employees, representatives, partners or employees and to free them in relation to loss, liability, claims or demands, including applicable lawyer`s fees which third parties make based on or in connection with the use of bookoobook services or in case of a violation against this contract and/or a violation of the user against the frame work of this contract made guarantees and assurances and/or in case that a content published in or by bookoobook services leads to a liability of bookoobook towards third parties.
9. Miscellaneous
With the use of bookoobook websites or the bookoobook services you declare your agreement to this contract. This is furthermore strengthened by your membership. This contract represents the whole agreement between you and bookoobook concerning the use of bookoobook services. If bookoobook omits to practise a right or regulation of this contract or to precede such, it is not considered a waiver of such a right or such a regulation. This contract finds application in the biggest possible, legally permitted extent. Should a regulation in this contract be unlawful, invalid or non feasible, then such is separated from the contract and does not effect the validity and feasibility of the remaining regulations.
If you have questions to this contract, contact us via the contact form.
