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Chairman of the Supervisory Board: Stephen Michael Smith
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This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Purchase Law. The place of fulfilment is Weinheim. The court of jurisdiction for all legal disputes arising out of or in connection with this agreement is, so far as admissible, Weinheim.
Wiley-VCH GmbH & CoKGaA, Boschstraße 12, 69469 Weinheim - represented by the Managing Director Mr. Bijan Ghawami - These general terms and conditions govern the conclusion and execution of the contract between Wiley-VCH GmbH & CoKGaA (ChemistryViews) and the customer (client) in the realm of online advertising as well as the rights and duties of both parties. Subject of the general terms and conditions The subject of the general terms and conditions is the provision for contractual terms of contracts of ChemistryViews with advertising customers with regard to the publication of employment ads on the website ChemistryViews within the framework of online advertising. General terms and conditions apply in the version valid at the time a contract is concluded. Publication of ads on ChemistryViews.
The ‘advertising contract’ in the sense of the following general terms and conditions is the contract for placing one or more ads of an offer or other interested party (client) on the website ChemistryViews. The contract is concluded once ChemistryViews has confirmed the client’s order. The order can be made by filling out the form provided on the website or in any other manner, in particular via e-mail, fax, telephone, or letter. The confirmation of the order placement will be sent to the client following receipt of the advertisement order via e-mail or by another means once the order has been checked by ChemistryViews. The contract is concluded with confirmation subsequent to checking or through release of the ad. Details contained in the order, in particular with regard to the start and duration of the placement of the ad, apply as agreed between the two parties. Should the details in the order confirmation not concur with the intention of the client, the client will ask ChemistryViews to make appropriate corrections.
The client is obligated upon submission of an order to provide truthful information. Should the user neglect to provide this information or provide false information from the start, in particular a false address, ChemistryViews can withdraw from the contract, so far as a contract has been concluded.
ChemistryViews reserves the right to refuse an order for an ad based on its content, origin, or the technical configuration. This holds especially when the content of the ad violates legal or regulatory proscriptions or violates morality or the publication is in any other way unacceptable. In the event that an ad already published online should violate in its content or in its form legal or regulatory proscriptions or morality, ChemistryViews has the right to remove this ad without delay from its service. ChemistryViews will inform the client without delay about the removal of the service and arrange further action with him. Should an ad be rejected before placement or an ad already placed be removed, the client has no claim for compensation by ChemistryViews, so far as the ad violates legal or regulatory proscriptions or morality, or the publication is unacceptable for ChemistryViews for other reasons. So far as the client is held responsible for this, ChemistryViews is entitled to corresponding compensation.
When providing an ad for publication, the following options are available to the client:
- Submission of data through the online form;
- Transmission of data via e-mail, letter, fax or other;
- Transmission of a digital master copy;
The client is responsible for complete delivery of the ad copy. Delivery must take place in sufficient time before the starting date of placement as agreed in the order confirmation. Delays resulting from the content of the ad material provided by the client, be they due to content or of technical nature, are not the responsibility of ChemistryViews.
ChemistryViews is not obligated to check the text or artwork provided by the client, nor the technical configuration of the ad for infringement of the rights of third parties. So far as protected trademarks are used in the publication of the ad, permission of their use is considered granted upon placement of the advertisement order. The client guarantees that he has the right to grant permission. The client secures ChemistryViews explicitly against all claims by third parties arising from the form, content and configuration of the ad. This applies especially for all violations of copyrights and trademark laws.
ChemistryViews will provide users with access to the client’s ordered ad online at the agreed time and for the agreed period of placement within the framework of the employment section of the website ChemistryViews.org. The client is required to check the ad placed online at the agreed time forthwith and within 24 hours of the first work day following the first placement report any flaws without delay. Should the client neglect to report flaws, the placement of the ad is considered free of error.
ChemistryViews will only carry out upon request of the client amendments to the employment ad during the publication period so far as the alteration is required due to a demonstrable error on the part of ChemistryViews. All other alterations are subject to a charge.
ChemistryViews is not authorised without the express agreement of the client to pass on the ad in whole or in part to other online or offline media for publication. ChemistryViews is not liable for unauthorised transfer of the ad or individual parts of the ad to the services of third parties since such a transfer can not be complete excluded due to the current state of technology. Should such cases become known to ChemistryViews, they will inform the client about it.
Payment is due to ChemistryViews for placing and maintaining the ad. The amount of payment, so far as not agreed in writing by the parties, is based on the published online price list of ChemistryViews. The applicable price list is the one published on the internet at the time the client’s order is received. The invoiced sums are payable immediately and without discount, so far as nothing else has been agreed. Payment is regarded as complete when it is deposited in the account of ChemistryViews. The client is only entitled to any right of retention if and so far as his counterclaim arises from the same contractual relationship. A declared setoff on the part of the client is excluded when the counterclaims of the customer are not legally binding or recognised by ChemistryViews.
ChemistryViews guarantees the best possible reproduction of the ad based on general technical standards. However the client is aware that according to the current state of technology it is not possible to create a programme complete free of errors. An error in the display of the ad does not exist in particular when brought about through the use of inappropriate software or hardware, through disturbances in the communication network of other providers, through a loss of computer capacity of an internet access provider or an online service or through incomplete and/or not updated services on proxy servers of commercial and non-commercial providers and online services. So far as display of the ad is not possible due to causes for which ChemistryViews is responsible, the client is entitled to a faultless substitute ad, however only to the extent to which the purpose and use of the ad was impaired. Should the placement of a substitute advertisement fail for some reason, the client is entitled to choose between demanding a retraction of the contract (annulment) or decrease in the ad price (reduction). Compensation claims by the client, on the other hand, are excluded. General provisions
ChemistryViews is liable for intent and gross negligence of its staff, legal representatives, and executive staff without restrictions. That also holds for explicitly warranted characteristics. ChemistryViews is liable for slight negligence only so far as contractual duties were breeched that are essential for attaining the aim of the contract and fulfilling the purpose of the contract (cardinal obligation). So far as cardinal obligations are negligently violated in the above-mentioned sense, liability is limited to damage typical for the contract. Excluded in particular is liability that could result in some manner from an incorrectly concluded employment contract or liability for such content for which ChemistryViews is not responsible. Customer liability is in any case limited for gross and slight negligence, auxiliary persons who are not legal representatives or executive employees, also for intent from which customarily and typically in such cases foreseeable damage arises that is beyond the control of the client.
ChemistryViews records and stores by means of electronic data processing without explicit agreement only data which is necessary to fulfil the order and execute the contract. ChemistryViews uses all data provided only for the purposes to which the user has agreed. Compliance with the provisions of the Federal Data Protection Law is guaranteed.
In business transactions with business persons and legal entities of public law, the court of jurisdiction for all legal disputes arising out of this agreement is Weinheim. Besides this, ChemistryViews is also entitled to file a claim in the jurisdiction of the client. Should one of the provisions of the fulfilment contract or of the general terms and conditions be not effective in law or its legal effect should later become void, the validity of the remainder of the general terms is not affected. In this event, the contractual partners obligate themselves to arrange a substitute provision for the ineffective provision that is close in kind and economically sound.
The authors of our content have outlined extensive safety precautions in each experiment. Ultimately, it is your responsibility to practice safe laboratory guidelines. The authors and publisher disclaim any liability for any loss or damage claimed to have resulted from, or been related to, the experiments.
Neither the Authors nor Wiely-VCH accept any responsibility or liability for loss or damage occasioned to any person or property through using the materials, instructions, methods or ideas contained herein, or acting or refraining from acting as a result of such use. The Authors and the Publisher expressly disclaim all implied warranties, including satisfactory quality or fitness for any particular purpose.
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Purchase Law.
Place of fulfilment is Weinheim.
Supplementary agreements, amendments, and additions must be made in writing to be legally effective; this holds in particular for the revocation of this provision.
Updated: 2 February 2012