General terms of use and business for the publication and communication platform
shaker.eu (Stand 01.09.2007):
The publishing house Shaker Verlag GmbH, Aachen
- hereinafter referred to as "Shaker Verlag" -
offers interested parties the opportunity to register as authors and use the publication and communication platform. The following general terms of use and business shall apply exclusively for these authors, members and customers
- hereinafter referred to as "users" -
for the registration with Shaker Verlag and the use of all existing and future functions or offers as well as for the contracts on the supply of services.
Membership comes about through successful registration and runs for an indefinite period. A user is entitled to terminate his or her membership at any time, without having to give any reasons, by confirming the "Delete account" function, in writing or per email. The user agrees to these general terms of use and business through his/her registration and pledges to only use the Internet platform in accordance with the agreed terms and conditions. In connection with the communication functions with other members, the user agrees to observe morals and good manners and to refrain from any activities that are prohibited by law. Furthermore, the user agrees to refrain from his/her own commercial activities, unless these are for publications with Shaker Verlag for which a publishing contract exists with Shaker Verlag, and not to use any information or data with which they are entrusted by Shaker Verlag or its members for commercial purposes without their written consent.
The user agrees to comply with statutory regulations, in particular those relating to the privacy of correspondence and telecommunications, to treat emails and other messages confidentially and to only disclose these to third parties with the express prior consent of the sender. The same also applies accordingly to names, photos, telephone and facsimile numbers, address data, email and Internet addresses.
The user agrees not to initiate, carry out or in any way become involved in any type of electronic attack (attempts at hacking, use of spyware, introduction of computer viruses, worms, Trojan horses, etc.) aimed at the server and software of Shaker Verlag or its members. In case of non-compliance the user agrees to a contractual penalty that is to be set at the reasonable discretion of Shaker Verlag and verified by the pertinent courts in case of dispute. In the event of a violation of the ban on electronic attacks the user agrees to issue a declaration of negative covenant that entails a contractual penalty which is common according to legal standards immediately on request by Shaker Verlag. This covenant will contain the obligation to cease further electronic attacks with immediate effect, to desist from passing on any data material acquired to third parties with immediate effect, to immediately inform Shaker Verlag in writing and fully of the scope of the data material acquired, to completely and irretrievably delete the data material acquired and to destroy all records and printouts of there data material. Shaker Verlag is entitled to block an account or terminate a user's membership without notice at any time and to cancel access in the event of suspected misuse of the account.
Registration as an author presupposes the user's intention of becoming involved in the publication of books or electronic publications and of offering these to Shaker Verlag for publication. An author concludes separate publishing contracts for all publications published by Shaker Verlag and these contracts shall be valid irrespective of his or her membership of Shaker Verlag.
A registered used offers Shaker Verlag book manuscripts and electronic media content for publication. The transfer of manuscripts or files to Shaker Verlag represents an offer by the author for publication by Shaker Verlag. However, Shaker Verlag only has an obligation to publish following conclusion of a separate written publishing contract. This will be sent to the author by email after his or her manuscript has been examined by Shaker Verlag. Irrespective of this, the author agrees to only submit manuscripts and content for examination for which he or she holds the copyright, over which he or she can dispose of freely and whose content does not violate third-party rights or statutory regulations. In the event of legal disputes with third parties on account of the content written by the author, the author pledges to help Shaker Verlag ward off such claims, to bear the associated costs of the legal dispute and to exempt Shaker Verlag from possible claims for compensation that may arise.
Shaker Verlag is entitled to remove the publication of an author its the catalogue until the aforementioned legal disputes have been settled and to suspend the cooperation with the author. In this case access to the author's account and the associated rights can be restricted or even cancelled completely.
Furthermore, the author may only send transcripts or copies of the original manuscript to Shaker Verlag. The manuscript will not be returned to the author following examination and/or publication. The author is not entitled to demand the return of his or her manuscript. If the submitted manuscript is lost or damaged the author cannot claim compensation of the costs of production or for a material or non-material value of the manuscript.
The user pays the price that is offered or quoted on the Internet pages when ordering media and for the services rendered. Each order is placed in writing by email, fax or letter. A binding sales contract is only concluded from the time of manufacture. Goods for which a complaint is received will be compensated by a reprint.
The results of the work that are delivered remain the property of Shaker Verlag until payment in full of all accounts receivable from the user in accordance with § 5 of these general terms of business.
Shaker Verlag cannot be held liable for damage that does not occur to the delivery item itself, in particular not for lost profit or for other financial losses of the user unless these are due to gross negligence or premeditated conduct on the part of Shaker Verlag.
The user can access the general contract terms at any time on the Internet page www.shaker.de or www.shaker.eu.
The user agrees to his or her personal data being stored. The stored data is only collected, edited and used where this is needed to substantiate, word or amend the contract.
Shaker Verlag has informed the user in detail of the scope and purpose of the collection, editing and use of his/her data. The user expressly consents to the collection, editing and use of his/her data wherever his/her consent is necessary in individual cases.
In connection with his/her registration on the Shaker Verlag publication platform, the user will be asked to choose a user name and password. It is the responsibility of the user alone to keep this access code secret. The user agrees to never inform any third party of their user name or password. Furthermore, the user agrees to inform Shaker Verlag immediately if he/she suspects an unauthorised use of or access to his/her password or account by a third party. Shaker Verlag is entitled to delete faulty and/or harmful files and is also entitled to block a user's account and/or access if it suspects a misuse, an inappropriate or technically incorrect use or if faulty and/or harmful files are transmitted.
The Shaker Verlag web sites are protected by copyright. No part of the Internet pages may be reproduced, distributed or used for commercial purposes without our written consent.
The content of Internet pages reached from a link on the pages of Shaker Verlag does not lie within our responsibility. We therefore dissociate ourselves expressly from these and refuse to accept any responsibility should they violate any laws or third party rights. Shaker Verlag cannot be held liable for the content of linked pages.
Shaker Verlag reserves the right to amend these general terms of use and business (GTB) at any time and without quoting any reasons. The amended GTB will be sent to the user by email 14 days before they come into force. The new GTB will be deemed to have been accepted by the user if they are not opposed within 14 days of receipt of the email. If the user exercises his/her right to oppose the new GTB, Shaker Verlag is entitled to terminate the existing owner and user relationship excluding all claims for compensation by the user with immediate effect and to delete all data saved in the user's profile.
German law is solely applicable for all disputes arising from this contractual relationship. Exclusive place of jurisdiction is the domicile of Shaker Verlag (Aachen), provided both parties are merchants.