Overview of Legal texts
We are scientists out of passion. With „scholarz.net“ we offer you a platform that enables you to do better and more efficient research We constantly strive to offer you the best service possible. But we also expect you to stick to the rules: no violation of copyright, no spam, no vandalism. We strive to offer you software that is flawless, constantly available and as safe as possible. But we cannot guarantee this and reject any liability for potential problems. We know from our own work that ideas and research data are a scientists most precious goods. Therefore the protection of our users privacy and the safety of their data is our highest priority. Out of conviction we stick to the highest standards. Our user has full control over his data. He chooses who may see which data. Only that information is displayed publicly that a user has authorized for public display. „scholarz.net“ will never sell or pass on any data to others. „scholarz.net“ will never use your research data. Everything you enter remains in your property, you own the full copyright of all your data.
Since we are a Germany-based company, we are subject to German and European law and regulation. Therefore the German copies of our legal declarations and not the English translations are the judicially binding ones. (Even though – of course - we write the same in both texts ;-). ) To see the German versions of the above text, simply switch language at the top of the screen.
General terms and conditions for the use of scholarz.net and other services of the KnowledgeWorkz GmbH
This contains the platform “scholarz.net”, the “KnowledgeWorkz. Business Suite” and all other servicesbased on the “KnowledgeWorkz. Software Engine”.
„scholarz.net“ or “KnowledgeWorkz” denotes the services covered by the contract and/or the KnowledgeWorkz GmbH.
Preamble
By registering yourself as a user at scholarz.net you accept the following general terms and conditions for the use of scholarz.net (herinafter referred to as „terms and conditions“).
These terms and conditions regulate the contractual relationship between the user and scholarz.net.
The user concludes the contract for the use of the services of scholarz.net with the KnowledgeWorkz GmbH, represented by chief executive officer Daniel Koch (who is authorized for representation), Am Zeckengraben 6, 97816 Lohr am Main, Germany. Further contact data and information can be found in the ‚credits’-section.
The services provided by scholarz.net are only addressed to persons of full age.
The user can access, print, download and save these terms and conditions anytime by opening the link „terms of service“, also after his/her conclusion of the contract.
§ 1 Subject Matter of the Contract
„scholarz.net“ is an internet platform and software for academic working, information management, knowledge management, research and contact forum with the elements reference management, knowledge management, social knowledge, research network and further services.
This internet platform is web-based, which means that it is accessable from every place where it is possible to get connected to the internet.
At this internet platform the user can
• store his knowledge in notes and assign them to projects, sources and keywords in a n x n relation.
• edit data with a user-defined group of other scholarz.net users.
• share knowledge with third persons in a public area, whereby these contents will be visible for all other registered users and/or whereby these contents can be edited by other registered users according to the owning user’s individual settings.
• get in contact with other researchers via a contact platform (research network), manage contacts and exchange experiences.
• do search runs, make his own user profile visible to self-defined groups of users and be informed.
„scholarz.net“ provides the user with the internet platform for knowedge management. The content is chosen by the user himself.
§ 2 Accomplishment of a Contract
The user has to register himself before using the services of „scholarz.net“ by creating a user account. Therefore he has to choose a username and a password and enter a valid E-mail-address.
„scholarz.net“ will not hand this data to third persons or ask the user for the password at any point of time. Details concerning the processing of individual-related data can be found in our privacy policy.
By submitting the registration form by clicking on the „register“-button and by confirming the terms and conditions and the data protection notice by clicking on the „confirm“-button the user submits his offering to conclude a contract for the use of the services of „scholarz.net“. „scholarz.net“ accepts this conclusion by activating the registered user account. By „scholarz.net“ accepting the conclusion the contract between the user and „scholarz.net“ is accomplished.
§ 3 Right of withdrawal
As long as the user registers himself for a purpose that can neither be considered a part of his commercial activity nor a part of his own self-employed activity, the following clauses apply to him as a „consumer“ in the sense of § 13 of the BGB:
3.1 Right of Withdrawal
The user may withdraw the registration for a free or for a chargeable account (which may follow later) within two (2) weeks in the form of a text (eg. letter, fax or e-mail) without giving reasons. The respite begins with the activation of the membership by „scholarz.net“, but at the earliest with the receipt of this instruction.
Furthermore, the user may withdraw the registration for a chargeable account within two (2) weeks in the form of a text (eg. letter, fax or E-mail) without giving reasons after having switched from a free account to a chargeable account. The respite begins with the activation of the dutiable account by „scholarz.net“, but at the earliest with the receipt of this instruction.
In any case the timely posting of the wihtdrawal will be sufficient to meet the respite of withdrawal. The withdrawal is to be directed to:
Daniel Koch, Am Zeckengraben 6, 97816 Lohr am Main, Germany. Mail (at) scholarz (dot) net.
3.2 Preterm Expiration of the Right of Withdrawal according to § 312d.3 BGB:
According to § 312d.3 BGB (Bürgerliches Gesetzbuch) the user’s Right of Withdrawal expires before the end of the respite of withdrawal according to sub-paragraph 3.1, if with the explicit consent of the user „scholarz.net“ has already started the execution of services of „scholarz.net“ for which the user has registered himself, or if the user himself has caused the execution of services of „scholarz.net“ for which the user has registered himself (eg. in case the user has already employed sevices of „scholarz.net“ which „scholarz.net“ provides for users within the scope of the membership the user has chosen at his registration).
3.3 Consequences of Withdrawal
In case of an operative withdrawal the services recieved by both sides within the scope of the legal prescriptions have to be returned, as well as possible benefits (eg. Interest). If the user is not or only partly able to return the recieved services to „scholarz.net“ or can only return them in a deteriorated state, he is oblidged to give value replacement if need be. The user has to fulfill his obligations to recompense payment within 30 days after the posting of his withdrawal.
§ 4 Pricing & Conditions
4.1 Online Services
4.1.1 “scholarz.net” is offered in following account types:
„Free Workz“, Workz Basic“, „Workz Plus“ and „Workz Premium“. All accounts offer the full functionality in the areas of knowledge organization („workz“) and network („netz“). But they do differ in terms of the maximum amount of notes and folders a user can create, just as the maximum amount of storage for uploaded files. “scholarz.net” furthermore reserves the right to restrict certain existing or newly developed features to certain accounts.
Details on prices and limits can be found in the are Pricing & Conditions on the “scholarz.net”-website. Prices named there are binding.
Fees are payable immediately after subscribing to the respective account and can be settled via the methods offered on the site. The user chooses a subscription period and pays the entire fee in advance.
Larger groups and institutions may open a “Campus Account” in order to create an internal social network and offer “scholarz.net” to their students and fellows. Further information and pricing will be provided on request.
4.1.2 End of Beta Phase: “scholarz.net” is currently in the beta phase. The beta pahe will probably end in the middle of 2010.Until then “scholarz.net” is entirely for free and every user receives a “Beta Account”. All “Beta Accounts” will automatically be transformed into a “Free Account”, with a folder- and storage limit that accords to the existing amount of data stored at the end of the beta phase, but at least the regular limit of Free Accounts. This means that any data that was created during the free beta phase remains accessible for free.
4.1.3 “scholarz.net” reserves the right to integrate new, not jet developed features into existing accounts, or to offer new account types for these features, including additional charge.
4.1.4 Users are informed about substantial changes of the offer of “scholarz.net”. “scholarz.net” reserves the right to change any services offered or to offer alternative services, unless they are unreasonable fr the user. The user will be informed if any such changes occur.
§ 5 Obligations of the User
5.1 An account is not transferable and may only be used by the user whose name it is assigned to. Passwords are to be stored safely and to be protected from misuse. The user will be liable for any damage done by a third person through misuse of an account of the user.
5.2 Furthermore it is forbidden to use more than one free account even if the user possesses more than one E-mail-address.
5.3 Every user commits himself not to use the services provided by „scholarz.net“ to store contents that are only advertisement, disguized as opinions.
When using the services of „scholarz.net“ the applicable rights of third persons have to be regarded. Especially concerning data that is visible to the public it is illegal to:
• use trademarked (or in other wise lawfully protected) contents without permission
• store abusing, defamatory or pornographical contents
• violate clauses defined in the copyright declaration. Details may be read in the copyright declaration which is part of the terms and conditions.
• molest other users in an inaccepatable way (especially with spam) (see law against dishonest competition § 7 UWG)
• use lawfully (eg. through copiright, trademark, patent, design patent or petty patent) protected content without permission or advertise for, offer or trade lawfully protected products or services as well as
• execute or support anticompeditive actions including progressive canvassing (like chain- snowball- or pyramid systems).
5.4 „scholarz.net“ is allowed to check the data stored by a user for law violation. In case of law violation „scholarz.net“ is allowed to access the data of the user and
• delete the relevant data or turn it private
• disable the account until the law violation has been corrected by the user or „scholarz.net“
• delete the account completely after repeated law violation.
Possible costs that arise at „scholarz.net“ due to a law violation of the user have to be compensated by the user.
§ 6 Cancellation
6.1. Beta Phase
The user may cancel and close his account anytime without giving reasons. The cancellation may occur in written form or via the cancellation form integrated in the platform in the account settings.
A cancellation without notice is possible for both contract party if an important reason is given. An important reason is especially given, if, under consideration of all circumstances and the interests of scholarz.net, the continuation of the contractual relationship is unbearable.
This is the case especially if the user has repeatedly violated his contractual obligations.
All private data that has been stored by the user will be deleted irrevocably after the account at „scholarz.net“ has been cancelled. Public data (data that has been declared public and visible to other users by the user owning it) will remain so it can still be used by other users.
6.2 Regular Mode
6.2.1 The user may cancel his/her Free Account anytime. Subscribers of a paid account must cancel their subscription 30 days prior the expiration date. If the subscription is not canceled in time, it is automatically elongated for the respective duration of the chosen subscription, and “scholarz.net” is entitled to debit the respective subscription fee.
6.2.2 A cancellation without notice is admissible for both sides, if an important reason is presented. An important reason is given for example, if the continuance of the contractual relationship is unacceptable in due consideration of all circumstances and the interests of “scholarz.net”. This is especially the case if the user has repeatedly violated his contractual duties. All private date created by the user are irrevocably deleted, public data will remain available for other users.
6.2.3 If a user downgrades his/her account to a lower paid account, or a free account,
§ 7 Repayment
A repayment of subscription fees that were paid in advance is debarred in the following cases:
• The user cancels his/her contract. In this case the account will remain available until the subscription expires.
• “scholarz.net” cancels the contract for an important reason.
• “scholarz.net” disables the users account because of a violation of contractual duties.
§ 8 Guarantee
„scholarz.net“ guarantees the user the availability of the server and an access to the internet platform of 96.5% per year.
The user is told explicitly that the sevices and the access to data stored on the internet platform cannot be guaranteed by 100% because of the possibility of server breakdowns or unexpected events. The user has to make his own backup copies of his data stored on the internet platform in any case in order to prevent the loss of data and to ensure the constant accesability of his data.
§ 9 Liability of „scholarz.net“
9.1 Claims for damages – for whatever legal ground – on scholarz.net (including its assitants) which imply slight negligence are only possible if a vital contractual or cardinal obligation has been violated. In this case claims for damages are limited to the typically predictable damage.
9.2 To users scholarz.net is liable is without limitation for damage from injuries of the life, the body or the health resulting from a deliberate or negligant breach of duty as well as concerning other damage resulting from a deliberate or grossly negligent breach of duty or guile. In addition to that scholarz.net is liable without limitation for damage that is covered by liability according to legally binding prescriptions like the product liability law („Produktionshaftungsgesetz“) as well as in case of the acceptance of a guarantee.
9.3 For damage which is not covered by paragraph 9.2 and which was caused by the behaviour of legal agents, executives or other assistants of scholarz.net, scholarz.net is liable within the limits of the damage predictable and typical for this kind of contract.
§ 10 Release from Liability
10.1 The user releases scholarz.net from all claims, including claims for damage, which other users or other third persons claim on scholarz.net for violations of their rights by content that has been stored on the internet platform by other users. Furthermore, the user releases schloarz.net from all claims, including claims for damage, which other users or other third persons claim on scholarz.net for violations of their rights through the use of the services of the internet platform by the user. The user accepts all appropriate costs of scholarz.net arising from a violation of the rights of third persons, including appropriate costs arising from lawyers. All further rights as well as claims for damage of scholarz.net are not touched by this.
The preceding duties of the user do not apply as long as the user does not have to plead the case of the law violation concerned.
10.2 If rights of third persons are violated by contents of the user, the user will either provide scholarz.net with the right to use the content at the user’s own expense or design the content without intelecctual property rights. If rights of third persons are violated through the use of services of the internet platform, the user will cease any use contrary to contract or law immediately after a demand of scholarz.net.
§ 11 Data Protection
scholarz.net is aware that a very sensitive treatment of all individual-related data given to scholarz.net by the user is of great importance to the user. scholarz.net will therefore respect all relevant legel regulations concerning data protection (German Data Protection Acts, European privacy policy regulations and every other applicable data protection law). Especially, scholarz.net will not hand individual-related data to third persons or inform thrid persons in any other way without permission. Details concerning the processing of individual-related data is regulated in the privacy policy of scholarz.net which can be accessed via the internet platform.
§ 12 Copyrights
Of course, the user is and stays copyright owner of his copyright-protected work. Through different options on the internet platform the user chooses himself which data may be seen by third persons and which not. A reproduction or any other use of the articles or their content in other electronic or print media is not allowed without the owner’s explicit permission. Copying, downloading, distributing, selling or saving of contents of scholarz.net or third persons is not allowed without the owner’s explicit permission, the only exception being caching in the course of a visit of the platform.
Scholarz.net reserves the right to contact users via the internal mailing-system. Users will then be informed that they received a message through email. This email message can be deactivated in the system settings.
§13 Final Provisions
13.1 The contract and its amendments need to be in written form. Subsidiary agreements do not exist.
13.2 scholarz.net reserves its rights to change these terms and conditions at any point in time without giving reasons, save for the case that this is unreasonable for the user. Scholarz.net will inform the user about changes of the terms and conditions in time. If the user does not object to the new terms and conditions within two (2) weeks time after having been informed, the new terms and conditions will be regarded as having been confirmed by the user. When informing a user of a change in the terms and conditions, scholarz.net will also inform him of his right of objection and the meaning of the objection period.
13.3 As long as there are no other agreements the user may send all his declarations to scholarz.net via e-mail through the contact form or send them as a letter or fax to scholarz.net. Scholarz.net may inform the users via e-mail, letter or fax to the adresses the user has given in his current contact data.
13.4 In case of some regulations of these terms and conditions being or becoming invalid the validity of the other regulations of these terms and conditions will not be harmed. The contractual partners commit themselves to replace an invalid regulation with a valid regulation whose content is as close as possible to the economically demanded sense and purpose of the invalid regulation. The same applies to loopholes in the contract.
13.5 Place of execution is the residence of scholarz.net.
13.6 Place of jurisdiction is, as far as permitted by law, the residence of scholarz.net.
13.7 German law is applicable, excluded private international law and the Uniform Law on the International Sale of Goods (CISG) adopted by German law.
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