I. Subject of the agreement, amendments

§ 1 Subject of the terms of participation and use

(1) ISPACS GmbH (hereinafter referred to as the "Service Provider") provides a platform on www.ispacs.com (hereinafter referred to as the "Portal") through which authors can present their scientific work (hereinafter referred to as "Article") to an interested public in compliance with these terms.
As authors, only such persons can submit articles to the portal for publication, who are active as scientists and have written the relevant article in this function. A person who meets these requirements will be referred to as "author" below.
Interested parties may use articles published on this portal according to these terms. These interested parties are called "readers" below. Content and scope of the right of use of articles by readers are based on the Creative Commons license CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/legalcode). Readers can access the contents available on the portal and use the other services currently available on the portal within the scope of the respective availability.

(2) These Terms of Participation and Use govern the provision of the Services by the Service Provider and the use of such Services by the authors and readers.

(3) Information about the service provider:
  • O7, 18, 68161 Mannheim, Germany
  • Managing Director: Faramarz Jamshidi
  • Tel.: +49-(0)621-976 064 23
  • Email: Info@ispacs.com
  • Register court: Amtsgericht Mannheim, HRB 711242

§ 2 Amendments to the terms of participation and use

The service provider reserves the right to change these conditions of participation and use at any time with effectiveness also within the existing contractual relationships. Such changes will be notified by the service provider at least 30 calendar days prior to the planned entry into force of the changes. If you do not object within 30 days of receipt of the notification and continue to use the services after the expiry of the objection period, the changes shall be deemed to have been validly agreed upon expiry of the deadline. In case of objection, the contract will be continued under the previous conditions. In the change notice, the service provider will point out the right to object and the consequences.

II. Registration for participation, handling of access data, termination of participation

§ 3 Registration entitlement

(1) The use of the services available on the portal for an author wishing to submit an article for publication on the portal requires that you log in to the portal as an author. There is no entitlement to participation. The service provider is entitled to reject requests to participate without giving a reason. An author may also agree to be a peer reviewer in the review of other scientific articles.

(2) An author is only allowed to register if he is an adult (at least 18 years old) 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.

Any prices to be paid by the author for the publication of articles by the authors can be found in the respective journal in the category „Guide for Authors“ unter „Manuscript Publishing Charges“.
Please note: Registration for the portal is only possible if the registration of access for a purpose that can be attributed to either the commercial or the independent professional activity of the author.

(2) The contact details and other information requested by the service provider during the registration process must be complete and correct.

(3) After providing all requested data, these will be checked for completeness and plausibility by the service provider. If the information is correct from the point of view of the service provider and there are no other concerns from the point of view of the service provider, the service provider releases the requested access and notifies the author by e-mail. The e-mail is considered as acceptance of the application to participate. From receipt of the e-mail, the author is entitled to use the portal under these conditions of participation and use. To do this, the activation must first be confirmed by clicking on the link contained in the e-mail.

§ 5 Updating the subscriber data

Each participant is required to keep their data (including contact information) up to date. If, during the period of participation, a change in the specified data occurs, the service provider must be informed immediately.

§ 6 Termination of participation

(1) As an author, you can cancel at any time by unsubscribing from the portal.

(2) The service provider is entitled to irretrievably delete all data created during the course of your participation within 30 calendar days of the effective date of the termination and after the expiration of any statutory periods of notice.

(3) In the case of termination of the contract by the author, all rights transferred 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 different information and other services for temporary use on the portal. Such services may e.g. the provision of data, contributions, image and audio files, information and other contents (hereinafter collectively called "content") as well as the possibility of contacting authors by e-mail.

The content and scope of the services are determined by the respective contractual agreements, otherwise according to the functionalities currently available on the portal.

(2) The service provider strives to achieve an availability rate of 99% on a monthly average. Not included in the calculation of availability are the regular maintenance windows of the web portal, which are between 2:00 and 4:00 every Sunday.

In addition, there is a right to use the services available on the portal only in the context of the technical and operational possibilities of the service provider. The service provider endeavors to ensure that his services remain as uninterrupted as possible. However, temporary disruptions or interruptions may occur due to technical faults (such as power interruption, hardware and software faults, technical problems in the data lines).

§ 8 Amendments to services

The service provider is entitled at any time to change services provided free of charge on the portal, to make new services available free of charge or for payment, and to cease the provision of free services. The service provider will take every justified interest into account.

§ 9 Content protection, responsibility for third party content

(1) The contents available on the portal are predominantly protected by copyright or other property rights and are in each case the property of the service provider, the authors or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work i.S.d. §§ 4 para. 2, 87a para. 1 UrhG. Readers are only allowed to use this content in accordance with these Terms of Participation and Terms of Use and in the framework provided on the portal.

(2) The content available on the portal comes in part from the service provider, authors and other third parties. The contents of the authors and other third parties are summarized below as "third party content". The service provider does not check for completeness, accuracy and legality of third party content and therefore accepts no responsibility or warranty for the completeness, accuracy, legality and timeliness of the third party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, as well as third-party content on linked external websites.
All content on the portal is third-party content, with the exception of content that bears a copyright notice from the service provider.

IV. Use of services on the portal

§ 10 Submission of articles

(1) By submitting an article suggestion, the author grants the service provider in each case a free and transferable right to use the respective content, in particular
  • to store the content on the service provider's server and to publish it, in particular making it publicly available (for example by displaying the content on the portal),
  • for processing and duplication, as far as this is necessary for the provision or publication of the respective content,
  • to grant rights of use to third parties in the content and
  • to distribute the article under the Creative Commons license CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/legalcode).
If an author's article published on the portal has to be removed from the portal, the right of use and exploitation granted to the service provider expires. However, the service provider retains the right to keep copies made for backup and / or proof purposes. The rights of use already granted to the readers of articles published by an author also remain unaffected.

(2) The author is fully responsible for the articles he proposes. The service provider does not undertake a review of the contents for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

The author declares and warrants to the service provider that the author is the sole owner of all rights in the articles he proposes to the service provider, or otherwise authorized (for example by a co-author or co-authors), to publish an article on the portal and to grant the rights of use and exploitation in accordance with the preceding paragraph (1). Unless otherwise agreed upon, license terms remain unaffected. The author declares that the article he has proposed is his original article and that this article has not been published elsewhere, suggested otherwise for publication, or otherwise requested to be published.

(3) If the article was created with funding and / or under the terms of one or more research or scientific institutions, the author assures that the relevant institutions have no objection to the planned use on the portal.

(4) An article proposed by an author for publication on the portal will not be reviewed by the service provider. A scientific review will be carried out by an editorial board, to which the service provider will forward the author's proposal for review. The author will be informed about the composition of the board. In addition to the Board, there is a peer review process to verify the scientific nature of the article.

§ 11 Right to use contents available on the portal

(1) Unless expressly permitted in these terms of participation and use or on the portal further use is explicitly permitted or made possible by an appropriate functionality (eg download button), you are prohibited from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing all or part of the content available on the Portal. It is also prohibited to remove or modify copyright notices, logos and other marks or protective marks.

(2) Each article submitted by an author and published on the portal specifies the purpose and extent to which the article may be used by readers.

§ 12 Blocking of access

(1) The Service Provider may suspend your access to the Portal temporarily or permanently if there are any concrete indications that you have violated or violated these Terms of Participation and Use and / or applicable law, or if the Service Provider has any other legitimate interest in the suspension. When deciding on a suspension, the service provider will take due account of your legitimate interests.

(2) In the case of temporary or permanent blocking, the service provider blocks your access authorization and notifies you by e-mail.

(3) In case of a temporary blocking, the service provider reactivates the access authorization after expiry of the blocking period and notifies you by e-mail. A permanently blocked access authorization can not be restored. Permanently suspended persons are permanently excluded from participation in the portal and may not re-register on the portal.

V. Processing of your personal data

§ 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 resulting from your registration on the portal as well as from the use of the available services are therefore only collected, stored and processed by the service provider, insofar as this is necessary for the contractual provision of services and permitted by law, or ordered by the legislator.

(2) In addition, the service provider uses your personal data only if you have expressly consented thereto. Any consent given by you can be revoked at any time with effect for the future.

(3) The author is advised that his name and surname, along with the article submitted by the author, are sent to an Editor-in-Chief (who decides whether the article submitted by the author will be published on https://www.ispacs.com), editorial board, and reviewer for review and those individuals may reside in countries outside the EU where there is no privacy protection or the level of data protection is well below the European standard. These editors and reviewers are all academics (predominantly university-based) and, as such, are required to treat their data confidentially, and in particular to use it for no other purpose than to review the article submitted by the respective author and review and decide on publication on https://www.ispacs.com.

Furthermore, the author is informed that the article submitted by the author is uploaded via a portal of a US company into the portal of another US company to check whether there is plagiarism or whether or how much content already occur in other scientific works. The comparison takes place by means of a special software, which accesses a database of scientific articles.

By submitting his work, the author expressly agrees revocably with the forwarding of his article including first name and surname to - also outside Europe based third parties who are entrusted with the examination and analysis of the work, knowing that these individuals or companies have not provided any guarantees or have not entered into any agreement (eg Privacy Shield) to voluntarily submit to the European Privacy Policy.

(4) For privacy details, see our privacy policy at https://www.ispacs.com/privacy_policy.php.

VI. Disclaimer / limitation of liability

§ 14 Liability for gratuitous services

If you incur any damage through the use of services provided free of charge on the portal (including the retrieval of free content), the service provider shall only be liable, as far as your damage has been incurred due to the contractual use of the free content and / or services, and only in case of intent (including fraud) or gross negligence of the service provider.

§ 15 Liability for paid services

In the context of the use of paid services (including the retrieval of paid content) by you, the service provider is liable in accordance with the following provisions:

(1) The service provider is liable in all cases of contractual and non-contractual liability for intent and gross negligence for damages or reimbursement of futile expenses in accordance with statutory provisions.

(2) In other cases, the service provider is not liable - unless otherwise stipulated in § 15 (3) - in case of breach of a material contractual obligation (so-called cardinal duty). A contractual obligation is essential if their fulfillment enables the proper execution of the contract in the first place and on whose compliance you can regularly rely. In this case, however, the liability of the service provider is limited to the replacement of the contract-typical damage foreseeable at the conclusion of the contract. In all other cases, the liability - subject to § 15 (3) - excluded.

(3) The above limitations of liability shall not apply in the case of injury to life, body or health, for a defect after assuming a guarantee for the condition of the object and for fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.

(4) As far as the liability of the service provider is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

VII. Final provisions

§ 16 Written Formrequirement

Unless expressly stated otherwise in these Conditions of Participation and Use, all statements made in connection with participation in the Portal must be made in writing or by e-mail. The email address of the service provider is info@ispacs.com. The postal address of the service provider is O7, 18, 68161 Mannheim, Germany. Changes to the contact details are reserved. In the event of such change, the service provider will notify you.

§ 17 Applicable law, jurisdiction

(1) These terms of participation and use are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG). In case of doubt, the English language version is considered a binding version.

(2) The exclusive place of jurisdiction for all disputes arising from these terms of participation and use is, as far as such a choice of court agreement is admissible, the seat of the service provider.

§ 18 Severability clause

If any provision of these Terms of Participation and Use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provision, an effective provision shall be deemed to have been agreed which comes closest to the economic intention of the parties. This applies mutatis mutandis to any contract gaps.