I. Subject of the agreement, amendments
§ 1 Terms of participation and use
(1) ISPACS GmbH (referred to below as the “service provider”) provides a platform (referred to below as a “portal”) on www.ispac.com, through which authors of scientific works can present their work to the interested public in compliance with these terms. The only individuals who may submit article on the portal for publication are those who are working as scientists and have written the article in this capacity. An individual who meets these requirements is referred to below as an “author”.
Interested parties may use the articles published on this portal in accordance with these terms. These interested parties are referred to below as “readers”. Readers may access the content provided on the portal and use further services currently placed on the portal as available respectively.
(2) These terms of participation and use regulate the provision of services by the service provider and the use of these services by the authors and readers.
(3) Information about the service provider:
ISPACS GmbH, O7, 18, 68161 Mannheim, Germany, Tel.: +49-621-545 793 34
Register of companies: Amtsgericht Mannheim, HRB 711242
Managing Director: Faramarz Jamshidi
§ 2 Amendments to the terms of participation and use
The service provider reserves the right to amend these terms of participation and use at any time even within the existing contractual relationships. The service provider will send notification of amendments of this kind at least 30 calendar days before the amendments are scheduled to come into effect. As long as you do not object to the notification within 30 days of receiving it and continue to utilise the services after expiry of the objection period, the amendments are deemed effective from expiry of the deadline. In case of objection, the agreement will continue under the previous terms. The service provider will refer to the right to object and its consequences in the notification of amendments.
II. Registration of participation, dealing with accessed data, termination of participation
§ 3 Registration entitlement
(1) If an author who proposes an article to be published on the portal wishes to use the services provided on the portal, he must be registered on the portal as an author. No right to participate exists. The service provider is entitled to reject any applications to participate without giving reasons. An author may also state his readiness to make himself available as a peer reviewer in the context of examining other scientific works.
(2) An author is only allowed to register if he is an adult and is contractually capable without restriction. Minors are not permitted to register.
§ 4 Registration on the portal
(1) Registration on the portal is free of charge.
You can find the rates for publishing authors’ professional articles in each journal.
Please note: Registration on the portal is only possible if the registration of access is carried out for a purpose that is attributable either to the author’s commercial or freelance activity.
(2) The contact details and other information requested by the service provider during the registration process must be stated completely and correctly.
(3) After providing all the details requested, the service provider screens them for completeness and plausibility. If the service provider believes these details are correct and has no other concerns about them, the service provider approves the access applied for and sends notification of this by email. The email is deemed acceptance of the application to participate. When the email arrives, the author is entitled to use the portal within the scope of these terms of participation and use. This approval must first be confirmed by clicking on the link included in the email.
§ 5 Updating participant details
Every participant is obliged to keep his details (including contact details) updated. If changes in details provided occur during the participation period, the service provider must be informed of them without delay.
§ 6 Termination of participation
(1) As an author you can cancel by deregistering on the portal at any time.
(2) The service provider is entitled to delete irretrievably any data generated in the context of your participation at the end of 30 calendar days after the cancellation comes into effect and after expiry of any statutory provision terms.
(3) In case the author terminates the contractual relationship, all the rights assigned to the service provider remain with the service provider.
III. Services and content on the portal
§ 7 Services provided and availability of services
(1) The service provider provides various information and other services on the portal to be used for a limited time. Such services may include, for example, the provision of data, articles, image and audio files, information and other content (referred to below in summary as “content”) and the possibility of making contact with authors.
The content and extent of services are determined in accordance with the respective contractual agreements, otherwise as per the features currently available on the portal.
(2) In its area of responsibility, the service provider guarantees average monthly availability of 99% to authors. This calculation of availability does not include the web portal’s regular maintenance slots, which are every Sunday between 2 and 4am.
Otherwise the only right to use the services provided on the portal are within the scope of the service provider’s technical and operational possibilities. The service provider endeavours to ensure its services can be used without interruption as far as possible. However, technical disruptions (such as power cuts, hardware and software faults, technical problems in data lines) may result in temporary restrictions or interruptions.
§ 8 Amendments to services
The service provider is entitled at any time to amend services provided free on the portal, to provide new services free or for payment and to stop providing free services. As such, the service provider will be considerate of legitimate interests in each case.
§ 9 Protection of content, responsibility for the content of third parties
(1) The content available on the portal is mainly protected by copyright or other property rights and is the property respectively of the service provider, the authors or other third parties, who have made the content available in each case.
Compilation of the content as such is protected if applicable as a database or databank as defined in §§ 4 paragraph 2, 87a paragraph 1 UrhG (copyright law). Readers may only use this content in accordance with these terms of participation and use and in the context stipulated on the portal.
(2) The content provided on the portal is derived partly from the service provider as well as from authors and other third parties. The content of authors and other third parties is referred to below in summary as “third party content”. The service provider does not conduct any checks for the completeness, accuracy or lawfulness of third party content and therefore accepts no responsibility or guarantee at all for the completeness, accuracy, lawfulness and currentness of third party content. This also applies with regard to the quality of third party content and its suitability for a specific purpose as well as for third party content involved that is on linked external websites.
All the content on the portal is third party content, apart from the content that includes the service provider’s copyright notice.
IV. Utilising services on the portal
§ 10 Placing of professional articles
(1) By submitting an article proposal the author grants the service provider free of charge a transferable right to use the respective content, in particular
If an author’s article published on the portal has to be taken off the portal, the above usage and exploitation rights granted to the service provider expire. However, the service provider is still entitled to retain copies made for backup and/or verification purposes. The usage rights of readers already granted to the author’s published articles also remain unaffected.
§ 12 Barring of access
(1) The service provider may bar your access to the portal temporarily or permanently, if specific indications exist that you are infringing or have infringed these terms of participation and use and/or the applicable law, or if the service provider has any other legitimate interest in barring it. In taking a decision to bar it, the service provider will take account of your legitimate interests.
(2) In case of temporary or permanent barring the service provider bars your right to access and notifies you of this by email.
(3) In case of temporary barring the service provider will reactivate your right to access when the barring period has expired and notifies you of this by email. Permanently barred access cannot be restored. Permanently barred individuals are permanently excluded from participating in the portal are not allowed to register on the portal again.
V. Handling your personal details
§ 13 Data protection
(1) The service provider’s quality standards include dealing responsibly with participants’ personal details (referred to below as “personal data”). The personal data produced by your registration on the portal and use of the services provided is therefore only recorded, stored and processed by the service provider as long as this is required to provide services as per agreement, is allowed by statutory provisions or mandated by the legislator. The service provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and not forward it to third parties.
(2) Beyond this the service provider only uses your personal data if you have given your explicit consent to do so. You can revoke any consent you have given at any time.
VI. Liability limitation
§ 14 Liability limitation for free services
If you suffer loss or damage from use of the services provided free of charge on the portal (including retrieval of free content), the service provider is only liable, insofar as your loss or damage has occurred based on contractual use of the free content and/or services and only in case of the service provider’s intent (including fraud) and gross negligence.
§ 15 Liability limitation for billable services
When it comes to your use of billable services (including retrieval of billable content) the service provider is liable in accordance with the following regulations:
(1) For damages that have been caused by the service provider or its statutory representative, senior employees or ordinary assistants with intent or gross negligence the service provider has unlimited liability.
(2) The service provider is not liable in cases of minor negligent infringements of only insignificant contractual obligations. Otherwise the service provider’s liability for loss or damage caused by minor negligence is limited to any damage whose occurrence has to be normally expected in the context of the respective contractual relationship (predictable damage typical for the contract). This also applies to minor negligent infringements of obligations by the service provider’s statutory representatives, senior employees and ordinary assistants.
(3) The above liability limitation does not apply in cases of fraud, physical or personal injury, breaches of guarantees and claims arising from product liability.
VII. Other terms
§ 16 Written form requirement
As long as nothing else is explicitly stated in these terms of participation and use, any statements that are made in the context of participating in the portal are to be provided in writing or by email. The service provider’s email address is info(at)ispacs.com. The service provider’s postal address is O7, 18, 68161 Mannheim, Germany. Contact details are subject to change. The service provider will notify you of any such change.
§ 17 Severability clause
Should a provision of these terms of participation and use be or become ineffective, the legal validity of the remaining provisions remains unaffected. In place of the ineffective provision an effective provision is considered agreed, which is closest to the parties’ business intentions.
§ 18 Applicable law
These terms of participation and use are subject to the law of the Federal Republic of Germany and exclude the UN Convention of Contracts for the International Sales of Goods, CISG. In case of doubt, the German language version is considered the binding version.
§ 19 Jurisdiction
The exclusive place of jurisdiction for any disputes arising from these terms of participation and use is the service provider’s domicile, insofar as such a jurisdiction agreement is valid.