§ 1 Subject of the Terms and Conditions
(1) BCNP Consultants GmbH, Varrentrappstraße 40-42, 60486 Frankfurt am Main (hereinafter “BCNP”) offers a variety of functions and services on the website www.chemistry-compass.eu (hereinafter the “Portal”). The users (hereinafter “Users”) can access and download content available on the Portal, as well as make use of the free and paid services according to their availability at the time (hereinafter “Services”).
(2) The conditions of use contained herein (hereinafter “Terms and Conditions”) shall govern the provision of the Services and of the Portal by BCNP and their use by the Users.
(3) Use of the Services and of the Portal may be made only according to these Terms and Conditions.
(4) The validity of any terms that are in conflict or deviation from these Terms and Conditions is hereby precluded unless BCNP has explicitly accepted their validity. This also applies if BCNP performs a Service without reservation whose terms conflict with or deviate from these Terms and Conditions.
(5) These Terms and Conditions are available in their respective current version on the website detailed in section 1.1 of these Terms and Conditions. BCNP shall be entitled to alter these Terms and Conditions at any time.
(6) The use of individual Services may be dependent on prior registration by the user; for these Services, special additional terms shall apply which prevail over these Terms and Conditions concerning the use of those Services. Upon registration, the user will be explicitly informed about these special additional terms.
§ 2 Range and Availability of Services
(1) BCNP offers various informational and other services that can be used for a limited amount of time. Such services can be e.g. making data, articles, image documents, information or other content (hereinafter collectively referred to as “Content”) available, and further the possibility of contacting BCNP through private messaging.
(2) BCNP shall be entitled to change the free Services available on the portal, to offer new free or paid Services or to discontinue Services.
(3) The Users shall only be entitled to use of the Services within BCNP’s technical and operational possibilities. BCNP shall at any time be entitled to discontinue the operation of the Portal either entirely or in part. Due to the nature of the internet, computer systems and mobile devices, BCNP does not give a warranty nor assume liability for the uninterrupted usability of the Portal nor the availability of all Services on all devices.
§ 3 Hyperlinks
The Portal may contain hyperlinks to third party websites. BCNP does not assume responsibility for the content of those websites nor does BCNP endorse those websites or their content because BCNP does not have any control over the information that is linked to and is not responsible for the content or information available there. Their access is performed at the User’s own risk.
§ 4 Content Protection, Responsibility for Third-Party Content
(1) The Content available on the Portal is protected by copyright or other data protection rights and is the property of BCNP or third parties (“Third-Party Content”) who have made the respective Content available. Content on the Portal is Third-Party Content whenever it is explicitly marked by a copyright notice of such third party. The compilation of Content as such is protected as a database or database works pursuant to §§ 4 Abs. 2, 87a Abs. 1 UrhG (German Copyright Protection Act).
(2) Users may only make use of the Content according to these Terms and Conditions and within the framework provided by the Portal.
(3) BCNP performs no checks for the completeness, accuracy and legality of Third-Party-Content and does not assume any responsibility or liability for the completeness, accuracy, legality or topicality of Third-Party Content. This also applies to the quality of Third-Party Content and its suitability for a particular purpose, as well as to Third-Party Content on linked external websites.
§ 5 Scope of Permitted Use, Monitoring of User Activities
(1) Usage is limited to accessing the Portal, as well as the use of the respective Services available on the Portal within the scope of these Terms and Conditions.
(2) The User is responsible for meeting the necessary technical prerequisites for making use of the Services. BCNP is not obligated to provide related advice to the user.
(3) BCNP hereby informs the User that user activities may be monitored to the extent legally permitted. This may also include the logging of IP connection and login data and other connection details as well evaluating such data if there are specific grounds for the suspicion of a breach of these Terms and Conditions and/or specific grounds for the suspicion of the existence of any other illegal act or criminal offence.
(4) The User is not permitted to engage in any activities on or in connection to the Portal which violate applicable law, the rights of third parties or the principles of youth protection. In particular, the User is not permitted:
- to cause any harm to persons, particularly minors, nor to violate their personal rights;
- to offend common decency through his or her usage of the Portal;
- to infringe commercial data protection rights, copyrights or other proprietary rights;
- to upload or transmit content containing viruses, so-called Trojans or other kinds of malware;
- to enter, save or send hyperlinks or content to which the user is not authorized, especially if such hyperlinks or content violates non-disclosure agreements or is unlawful; or
- to distribute advertisements or unsolicited emails (so-called “spam”) or incorrect warnings of viruses, malfunctions or the like, nor send invitations to the participation in sweepstakes, snowball systems, chain letters, pyramid games or similar activities.
(5) The User is also prohibited from engaging in any action which may affect the smooth operation of the Portal or overload BCNP’s systems.
(6) Should the User gain knowledge of an illegal, non-compliant or otherwise illicit use of the Portal, the User commits to inform BCNP of this in writing or via email without delay.
§ 6 Rights to Content
(1) Unless more extensive use is explicitly permitted by these Terms and Conditions or on the Portal, or enabled on the Portal by the respective functionality (e.g. download button),
- Users may only access the Content available on the Portal online and display it for their own personal purposes. This usage right is limited to the duration of accessing the Portal;
- Content available on the Portal may not be completely or partially edited, altered, translated, shown or published, exhibited, copied or distributed by the Users. It is also not permitted to remove or change copyright notices, logos or other indicators or other proprietary notices.
(2) The User is only permitted to download or print Content if downloading or printing has been enabled by the Portal’s own functionality (e.g. with a download button on the Portal).
(3) The User acquires a permanent and non-exclusive right of use for his or her own, non-commercial purposes. In all other respects, all rights to the Content remain with the original holder of these rights (BCNP or a third party).
§ 7 Data Protection
§ 8 Liability
(1) BCNP shall not be liable for damages caused by breaches of duty, unless these affect major contractual duties or guarantees or cause death, bodily harm, negatively affect health or justify claims under the product liability act or are causes by willful misconduct or gross negligence.
(2) In case of BCNP being liable for slight negligence, liability shall only extend to the limit of foreseeable damages typical for the contract type.
(3) In cases of BCNP’s liability being excluded or limited, this also applies to the liability of legal representatives, employees and vicarious agents of BCNP.
(4) Even though BCNP continuously strives to keep the Portal free of viruses, BCNP does not guarantee the freedom from viruses or other malware. Before downloading Content, insofar as this is possible and permitted in the respective case, the User shall take all necessary protective measures and employ virus scanners for his or her own protection as well as for preventing viruses or other malware from entering the Portal.
(5) The previous provisions contained in this section do not imply any change of the burden of proof to the User’s detriment.
§ 9 Form
Unless these Terms and Conditions expressly state otherwise, all declarations of will made in connection to the use of this Portal must be submitted at least in text form (email). BCNP’s email address is firstname.lastname@example.org. The mailing address is contained in Section 1 (1). Changes to this contact information are possible. In the event of such a change, BCNP shall inform the User.
§ 10 Final Provisions
(1) Should any of these provisions be or become invalid, the validity of the other provisions shall remain untouched.
(2) These Terms and Conditions are subject to the jurisdiction of the Federal Republic of Germany, excluding the references to international private law.
(3) The courts of Frankfurt am Main shall have exclusive jurisdiction over any disputes arising out of these Terms and Conditions if the User is a trader, a legal person or a special fund under public law. The same applies if the user does not have a legal domicile in Germany.