General Terms & Conditions
valid as of 21 January 2015
Object of the agreement, definitions
These General Terms and Conditions regulate the legal framework for the utilisation of Verlag Österreich eLibrary (hereinafter referred to as the Online Platform) and its content.
If a licence holder or an authorised user does not agree to these General Terms and Conditions, he or she may not use the Verlag Österreich eLibrary. Any use, including that within the scope of use in a library as a library user with remote access or a test account, is deemed to be binding agreement to these General Terms and Conditions.
The licence holder the contracting party of Verlag Österreich GmbH (“Verlag Österreich”), normally a library.
Authorised users are
- current employees of the licence holder,
- teaching staff as well as academic staff and lecturers of the licence holder,
- currently enrolled students of an institution of the licence holder and
- library users on the premises of the library at the location of the licence holder.
The location is defined as a campus with a common administrative management, the associated students, teachers and data networks.
Copyrights of the provider
Verlag Österreich or persons from whom Verlag Österreich derives its rights hold(s) all copyrights, rights of use, intellectual property rights and other rights to the data included on the Online Platform. The same applies for the content, structure, concept and access areas of the Online Platform, search software and associated documentation.
Authorised users may access the content of the Online Platform, display it and create electronic copies or printouts of individual articles or chapters, which do not constitute more than a small portion of a piece of work (under the meaning of Section 42 of the Copyright Act), for private use or research purposes. In addition, content of the Online Platform may not be processed or edited, otherwise reshaped or converted into another data format in part or in full.
Any use other than the expressly permitted use of the content of the Online Platform is not permitted, particularly reproduction of significant portions of the content, systematic and repeated reproduction, dissemination, assignment of sub-licences, commercial use or access for non-registered users.
Changes, edits, translations and adaptations of the content of the Online Platform in a way that violates copyright are not permitted. Copyright notices of the publisher may not be deleted, hidden or altered.
Collection of metadata with robots as well as copying and pasting, particularly in other databases or websites, is not permitted.
The licence holder must immediately inform the publisher of all violations of copyright or of any unauthorised use of the content of the Online Platform that he or she is made aware of. In the event of a violation or unauthorised use by an authorised user, the licence holder must take all relevant measures which serve to stop such activities of the authorised user concerned and prevent this from occurring again. Furthermore, the publisher can suspend access to the Online Platform of the authorised user concerned.
The publisher reserves the right to investigate cases of suspected unauthorised use or other contract violations and take suitable measures or prohibit the licence holder or the authorised user from using this service.
The publisher is only liable to the licence holder and the authorised users insofar as it, its vicarious agents or legal representatives is/are guilty of intent or gross negligence or a contractual major obligation is affected. In any case, liability is limited to direct foreseeable damage. Liability for indirect or immaterial damage is excluded.
The nature and scope of the online access service offered is based on the currently applicable
technical, legal and economic framework conditions for the data networks used. Should a party not fulfil a provision of this contract due to circumstances for which they are not responsible (including armed conflicts, strikes, floods, restrictive regulations on the part of the government, failures of the electricity supply, telecommunication or Internet, or damage or destruction of data network facilities; this list lays no claim to completeness), such failure will not be deemed a breach of contract or reason to terminate on important grounds.
All information in the content made available (e-books and e-journals) is provided without guarantee despite careful editing and checking. Liability of the authors, editors or publisher arising from this content is excluded.
Legal disputes arising from or related to these General Terms and Conditions or user contracts based on them are exclusively subject to Austrian law, with the exclusion of any legal provisions referring to other legal systems. The application of the UN Convention on the International Sale of Goods is excluded.
The place of fulfilment is Vienna.
If a customer is a consumer as defined under the Consumer Protection Act (KSchG), then the court having jurisdiction over any dispute will be in the area of residence, habitual residence or place of employment of the customer. In all other cases, the competent court in Vienna is agreed as the place of jurisdiction.
Should individual provisions be or become ineffective, the validity of the General Terms and Conditions as a whole will remain unaffected thereby.