Terms of Use

These terms of use are subdivided into the terms of use for a gratuitous subscription (I.) and the terms of use regarding chargeable membership for scientific institutions (II.). These terms of use shall become an integral part of each and every subscription contract as well as of each and every membership.

I. Gratuitous Subscription:

§ 1 General information, subject matter and area of application of these terms of use for a gratuitous subscription:

1.1
The operator of the Internet page http://idw-online.de (hereinafter referred to as the Internet page) is Informationsdienst Wissenschaft e. V. – idw -, domiciled in the building of the University of Bayreuth, Universitätsstrasse 30, 95440 Bayreuth (hereinafter referred to as the association).

1.2
These terms of use regulate the rights and obligations of users who have concluded a gratuitous subscription.

1.3
As a basic principle, the Internet page of the association shall be accessible free of charge to all Internet users on the basis of these terms of use. Any conditions of Internet users that differ or deviate from these terms of use cannot be accepted, and corresponding offers of contract conclusion are already rejected at this point in time.

§ 2 Contract conclusion:

2.1
Between the user and the association, a gratuitous usage contract shall be concluded as a result of the user’s completion of the registration process and subsequent confirmation from the association by e-mail.

2.2
The registered user shall be under an obligation to provide correct information as far as data collected in the process of registration are concerned. Should the data collected in the process of registration change after the time of registration, the user shall be under an obligation to enter these changes or notify the association of these changes. For this purpose, the user shall be entitled to make use – among other opportunities – of the contact establishment possibilities referred to in the legal notice.

2.3
The user shall be able to print out the contract wording / the terms of use during the process of registration and save the website displaying these documents. Moreover, the user shall be able to look into the contract wording in the form of the terms of use via the link “Terms of Use” on the Internet page already before the start of the registration process. The data required for contract conclusion shall be presented to the user in a summarised manner prior to the process of data transmission to the association. In case of possible typing errors or incorrectness, the user shall be able to correct or change the entered data. In addition, the terms of use in their respective applicable version shall be available for retrieval by the user on the website of the association at any time.

2.4
Upon registration, the future user shall select a user name within the framework of existing possibilities. This user name shall be protected through a password to be chosen by the future user. However, user names shall be ruled out, the use of which violates third-party rights such as, in particular, trademark rights and rights to a name, is contra bonos mores or generally considered as illegal under German law.

2.5
The user undertakes to keep the password chosen by him/her secret and not make it available to any third party. Where the user has lost the password or receives indications of any unlawful use of his/her access, he/she shall notify the association thereof without delay. The user shall be able to find the association’s contact data in the legal notice of the association’s Internet page at any time.

2.6
In addition, the user shall refrain from any disruptive intervention into the Internet page. In particular, this shall relate to technical attacks or the attempt to exert influence on other members or users to release their passwords. In this context, members shall be defined as scientific institutions with an own press relations office and a chargeable access for instance for the creation of press releases.

2.7
Within the framework of its private autonomy, the association shall be permitted to check and, where applicable, reject any offer of contract conclusion from potential users. In the event of rejection, the association shall give reasons for its decision on request of the user.

2.8
Any contract conclusion with underage users shall require consent to the contract conclusion from the underage person’s authorised representatives (such as the parents). By forwarding the data entered in the registration sheet (offer), the user shall be considered as confirming that he/she is either of full age or that the authorised representative/s has/have given his/her/their consent to the contract conclusion.

2.9
Legal entities shall only be entitled to conclude a contract subject to representation by a representative who is duly authorised to represent this entity and fully capable of contracting. By forwarding the data entered in the registration sheet (offer), the person acting on behalf of the legal entity shall be considered as confirming that he/she is duly authorised to represent the entity and fully capable of contracting.

§ 3 Services to be provided by the association:

3.1
The association shall make a gratuitous subscription to press releases and event announcements from the scientific institutions affiliated with the association (members) available to the users. The subscription can be configured by the user himself/herself. This means that, according to his/her wishes, the user will be able to arrange the contents of his/her subscription in the framework of specified selection possibilities. As soon as new press releases or event announcements are published by members, the subscribed issues will be sent to the subscribers by e-mail. In the process of transmission, delay may result because of technical reasons.

3.2
In addition, the association enables journalists to use an extended, likewise gratuitous access. The scope of the extended offer shall be accessible at any time under the link “Besondere Angebote für Journalisten” / “Special Services Offered to Journalists” (http://idw-online.de/de/journalistoffers). To make use of the extended offer for journalists, a gratuitous access needs to be created, and the journalist has to accredit himself/herself. The regulations governing expiry of the accreditation will be explained during the process of registration.

3.3
Moreover, the content and scope of any specific service provided by the association shall be subject to the specific functions of the operated Internet page and to the publications from members.

3.4
The association shall check the identity of its members within the framework of its possibilities. However, it cannot be ruled out entirely that unauthorised third parties become members of the association on false identity pretences. Therefore, users cannot rely on the indicated identity and contact data of the members. Furthermore, it also needs to be taken into consideration that unauthorised third parties may have obtained the access data of members by unauthorised means.

3.5
Users shall be entitled to retrieve and print out the texts and images of members or integrate them into their own Internet pages. However, this shall apply only to the takeover of individual contributions. Any automated takeover of a large number of texts and images shall require prior consent from the association. When taking over such texts and images, the rules of quotation including indication of the source shall be complied with.

§ 4 Liability:

4.1
The association shall be liable without restriction for wilful misconduct and gross negligence. In the event of slight negligence, the association shall be liable only for the infringement of essential contractual obligations. However, the liability in case of infringement of essential contractual obligations shall be limited to the extent of damage being typical of this kind of contract, with the materialisation of which the association had to reckon at the time of the user’s registration (contract conclusion).

4.2
The association shall only be liable for the replacement of indirect damage – such as lost profits – if the association has committed acts of wilful misconduct or gross negligence.

4.3
The aforementioned exclusions of liability and liability restrictions shall not apply to cases where the association has assumed explicit guarantees, to damage resulting from injury to life, body or health, and in the event of legal regulations not being subject to disposition by the parties.

§ 5 Exemption:

5.1
The user shall exempt the association from all-third party claims, be it claims of persons or companies/legal entities. In particular, he/she shall exempt the association from third-party claims, to which the respective third parties are entitled because of circumstances, for which the user is responsible. Especially, the user shall exempt the association from the necessary cost of legal defence. This shall only apply, however, where the user is responsible for the breach of law.

5.2
In this event, the user shall be under an obligation to cooperate. In particular, the user shall provide any information completely and truthfully, which the association requires for the purpose of legal defence. This cooperation shall be limited though to what the user is capable of doing in subjective and objective terms.

6.1
The association reserves the right to change the provisions of these terms of use at any time without having to give reasons. In the event of such change, the association will notify the user of the changes by postal letter or e-mail at least two weeks before the new terms of use come into effect.

6.2
Unless the user objects to the new terms of use within two weeks after the new terms of use have come into force and continues to use the services without change, the changed terms of use shall be considered as accepted.

6.3
In the message referred to under I. 6.1, the association will notify the user explicitly of the two-week period described in I. 6.2.

6.4
Should the user not give his/her consent to the change, the association shall be entitled to extraordinary termination pursuant to I. 7.2.

§ 7 Termination and cancellation of the contract:

7.1
The user shall be entitled to give notice of the contract’s termination at any time without having to give reasons, without having to give notice of termination and without having to observe formal requirements. For this purpose, a corresponding message to the association using the available contact establishment possibilities (see legal notice) shall be sufficient.

7.2
The association shall likewise be entitled to give notice of the contract’s termination at any time by postal letter or e-mail subject to a notice period of two weeks.

7.3
The association shall be entitled to give notice of the contract’s termination without notice, i.e. without having to comply with a period of notice, if the user has infringed these terms of use and if the infringement is to be considered as so serious in consideration of the user’s legitimate interests that termination without notice is justified.

7.4
On termination of the contractual relationship, all personal data of the user and the created access will be deleted.

7.5
Where the contract’s termination is based on a notice of termination given by the association, the user shall be prohibited from concluding another gratuitous access contract.

§ 8 Agreement on jurisdiction:

These terms of use as well as utilisation of the services shall be subject to German law. For disputes not relating to utilisation of the services and/or to these terms of use, the courts with competence for the association’s registered office shall be exclusively responsible unless the user is a businessman or does not have a permanent place of residence in Germany.

II. Chargeable Membership for Scientific Institutions:

§ 1 General information, subject matter and area of application of these terms of use regarding chargeable membership of the association for the press relations offices of scientific institutions:

1.1
The operator of the Internet page http://idw-online.de (hereinafter referred to as the Internet page) is Informationsdienst Wissenschaft e. V. – idw -, domiciled in the building of the University of Bayreuth, Universitätsstr. 30, 95440 Bayreuth (hereinafter referred to as the association).

1.2
These terms of use regulate the rights and obligations of members having acquired a chargeable membership of the association. Membership can be acquired exclusively by scientific institutions with an own press relations office. Scientific institutions within the meaning of these terms of use shall be:

• Institutions involved in scientific research activities,
• Academic teaching institutions,
• Research funding institutions,
• Science policy institutions or
• Institutions involved in the transfer of research and technology.

In addition, a scientific institution needs to operate an own press relations office and perform own public relations and information provision activities.

1.3
To check whether these criteria are met by the membership candidates, it is required that the membership candidates forward information material to the association for reviewing purposes. For this purpose, the membership candidates shall be able to make use of the contact establishment possibilities referred to in the legal notice. The further procedure for admission to the association can also be coordinated by telephone with the service team of the association (telephone number: +49 (0) 921/348998970).

1.4
Members shall be able to print out these terms of use and save the website displaying these terms of use. Moreover, members shall be able to look into these terms of use in their respective applicable version on a permanent basis via the link “Terms of Use” on the Internet page of the association.

1.5
As a basic principle, freedom of opinion shall also prevail on the Internet. In exercising this freedom of opinion, however, the rights of third parties shall be respected and complied with. The association shall be entitled to punish infringements of third-party rights or violations of the terms of use. Within this context, the association shall be entitled in substantiated cases to revise or delete individual contributions (press releases, event notes and announcements).

§ 2 Membership fees and usage charges:

Annual membership fees and, where applicable, usage charges shall be graduated depending on what kind of scientific institution the member belongs to. The amount of fees and usage charges shall be as follows:

• Universities (except for art colleges and conservatoires): € 915.00
• Advanced technical colleges, colleges of education, art colleges and conservatoires and other colleges: € 740.00
• Research institutions: € 800.00
• Commercial enterprises: € 1145.00
• Other member institutions (standard members): € 800.00

For each year, members of the association shall receive an invoice issued by the association that states the membership fee and, where applicable, the usage charges.

§ 3 Trial phase:

Scientific institutions meeting the criteria mentioned in 1.2 shall be entitled to become acquainted with the association free of charge in a trial phase at the beginning of their membership. The trial phase shall start on commencement of the membership and last until the end of the subsequent month. During the trial phase, the employees of the press and public relations department, who are named by the member, will already have all access rights to the Internet system of the association, which are usually granted to the press relations officer of a member institution.

§ 4 Obligations of members and further modalities:

4.1
The membership candidate shall be under an obligation to provide correct information as far as data collected in the accession application are concerned. Should the data collected in the accession application change after the time of registration, the member shall be under an obligation to enter these changes or notify the association of these changes.

4.2
Following admission to the association, a user name shall be assigned to the member. On request of the member, it shall also be possible to assign several user names. These user names shall be protected by means of a password, which is to be chosen by the member.

4.3
The member undertakes to keep its chosen password secret and not make it available to any third party. Where the member has lost the password or receives indications of any unlawful use of its access, it shall notify the association thereof without delay. The member shall be able to find the association’s contact data in the legal notice of the association’s Internet page at any time.

4.4
The member shall refrain from any disruptive intervention into the Internet page and into the system of the association. In particular, this shall relate to technical attacks or the attempt to exert influence on other members to release their passwords.

4.5
The association shall be permitted to check and, where applicable, reject any accession application of potential new members. In the event of rejection, the association shall give reasons for its decision on request of the membership candidate.

4.6
Persons or entities not being private individuals (such as bodies corporate organised under public law, legal entities) shall only be entitled to acquire membership subject to representation by a representative who is duly authorised to represent this entity and fully capable of contracting. The person acting on behalf of a membership candidate shall confirm that he/she is duly authorised to represent the aforementioned entity and fully capable of contracting. On request of the association, evidence of the power of representation shall be provided.

4.7
The member undertakes to distribute/publish only such information by means of idw as is directly related to research, studies and teaching, research promotion, science policy or knowledge and technology transfer. The press releases posted may not contain any advertising. In addition, the member undertakes to post exclusively own press releases or forward them via the system of the association, which are unequivocally related to the respective member, and only to publish such press releases together with possibly existing images and other attachments in the publicly accessible database of the association subject to indication of the name of the person responsible under press law acting on behalf of the member institution.

4.8
For the contents posted by members, sole responsibility shall lie with the members themselves. This shall also apply to possibly uploaded files (such as images).

4.9
Members shall be prohibited from posting contents that violate applicable law or impair the rights of third parties. The association points out explicitly that any violation of the principles of youth protection and good morals will be sanctioned. In particular, contents posted by the user must not be

• rascist,
• xenophobic,
• abusive,
• threatening,
• harassing,
• offensive,
• slanderous,
• of a nature that glorifies or incites violence,
• untrue,
• pornographic or
• youth-endangering.

4.10
In the process of distributing information via the system of the association, the member shall be under an obligation to use the predetermined classifications in an appropriate way. Moreover, the member shall be prohibited from using the system of the association for the distribution of advertisements (spam). In addition, the member shall be under an obligation to forward requests, which are distributed via the broker/agency services of the association, only to experts of the member institution to the best of its knowledge.

4.11
The member undertakes to respect the content restrictions specified in § 4 and not to post any content that constitutes a breach of § 4.

§ 5 Services and obligations of the association:

5.1
The association provides its members with access to and use of the following database-supported services of the association:

• Transmission of current press releases to the subscribers: the member shall be entitled to forward own press releases by means of the association’s system. Press releases are forwarded to the subscribers who have previously concluded a personal subscription in line with their professional and regional interests.
• Publication of the press releases on the Internet page of the association: the member shall be entitled to publish own press releases on the Internet page of the association.
• Entry of fixed dates in the science calendar: the member shall be entitled to enter and hence publish its events and activities on the publicly accessible Internet pages of the association.
• Transmission of current fixed dates to the subscribers: the member shall be entitled to forward its event and fixed date announcements by means of the association’s system. Event announcements shall be forwarded to the subscribers who have previously concluded a personal subscription in line with their professional and regional interests.
• Participation in the experts’ broker: the member shall be entitled to receive all requests on an up-to-date basis that are published by journalists in the experts’ broker.

5.2
The member shall also be permitted to have the personal data stored in the system changed by own authorised employees. However, the member shall be under an obligation to provide the corresponding information truthfully.

5.3
The association endeavours to keep its technical services available without restriction. However, any assertion of claims against the association by members of the association on the grounds of a technical breakdown including partial breakdown shall be ruled out.

5.4
The association shall be under an obligation to instruct the persons assigned for this purpose by the members either by telephone or e-mail on how to handle the system of the association and to answer the questions subsequently being asked by the member.

5.5
The association shall be prohibited from changing the texts entered into the system of the association (press releases etc.) by means of editorial intervention. However, this shall not apply where the text posted by the member violates these terms of use, especially II. 4.

5.6
The association shall be under an obligation to forward inquiries on texts posted by the members, which are made by third parties, to the member concerned.

§ 6 Rights to the content posted by members:

6.1
The members grant the association a worldwide right to use all contributions and content posted by the members according to the association’s own free discretion. In particular, this relates to commercialisation, storage, distribution and multiplication of the contents as well as to all ways by which the contents are made publicly available.

6.2
The members grant the association the right to use the contents free of charge and on an irrevocable basis in the way defined above.

6.3
In addition, the members grant users of the association’s Internet page the right to call up and print out the texts and images posted by the members and to publish them on the users’ own Internet pages without modification, but with an indication of the author and the source (identification of quotations).

§ 7 Liability:

7.1
The association shall be liable without restriction for wilful misconduct and gross negligence. In the event of slight negligence, the association shall be liable only for the infringement of essential contractual obligations. However, the liability in case of infringement of essential contractual obligations shall be limited to the extent of damage being typical of this kind of contract, with the materialisation of which the association had to reckon at the time when the member acquired its membership.

7.2
The association shall only be liable for the replacement of indirect damage – such as lost profits – if the association has committed acts of wilful misconduct or gross negligence.

7.3
The aforementioned exclusions of liability and liability restrictions shall not apply to cases where the association has assumed explicit guarantees, to damage resulting from injury to life, body or health and in the event of legal regulations not being subject to disposition by the parties.

§ 8 Exemption:

8.1
The member shall exempt the association from all-third party claims, be it claims of persons or companies/entities. In particular, it shall exempt the association from third-party claims asserted against the association on the grounds of content posted by a member. Especially, the member shall exempt the association from the necessary cost of legal defence. This shall only apply, however, where the member is responsible for the breach of law.

8.2
In this event, the member shall be under an obligation to cooperate. In particular, the member shall provide any information completely and truthfully, which the association requires for the purpose of legal defence. This cooperation shall be limited though to what the member is capable of doing in subjective and objective terms.

§ 9 Change of the terms of use for a chargeable membership:

9.1
The association reserves the right to change the provisions of these terms of use at any time without having to give reasons. In the event of such change, the association will notify the member of the changes by postal letter or e-mail at least two weeks before the new terms of use come into effect.

9.2
Unless the user objects to the new terms of use within two weeks after the new terms of use have come into force and continues to use the services without change, the changed terms of use shall be considered as accepted.

9.3
In the message referred to under II. 9.1, the association will notify the member explicitly of the two-week period described under II. 9.2.

§ 10 Termination and cancellation of the membership:

Pursuant to the association’s articles of incorporation, the member shall be entitled to terminate its membership with immediate effect and without having to give reasons at any time during the trial phase. Following the trial phase, resignation from the association shall only be possible with effect from the end of a business year (31 December of each year). The resignation needs to be declared in writing to the management board of the association. It shall be subject to a notice period of two months prior to the end of each business year.

§ 11 Agreement on jurisdiction:

These terms of use as well as utilisation of the services shall be subject to German law. For disputes not relating to utilisation of the services and/or to these terms of use, the courts with competence for the association’s registered office shall be exclusively responsible unless the member is a commercial business or does not have a permanent place of residence in Germany.