concerning the contractual relations between the General Anthroposophical Society, School of Spiritual Science, Natural Science Section, as editor of the "Elemente der Naturwissenschaft" and the Customer.
These General Terms and Conditions (hereinafter "GTC") govern the contractual relations between the General Anthroposophical Society, School of Spiritual Science, Natural Science Section, as publisher of the "Elemente der Naturwissenschaft" (hereinafter "AAG") and the subscribers, buyers of our online publications, advertisers and authors (hereinafter "Customer"). The GTC become part of the contractual relationship between the AAG and the customer upon conclusion of the contract. At the same time, the customer waives the application of his own GTCs.
II Private subscription
1. scope, term and termination
The annual subscription includes two issues of the "Elemente der Naturwissenschaft" and is renewed for a further year if it is not cancelled in writing at least one month before the end of the accounting period. Both contracting parties may terminate the subscription in writing and in due time without giving reasons. In addition to sending the issues as print media, the subscription also includes online access to the issues subscribed to via our website and downloading the articles and content contained therein.
2. personal use
All services of the subscription are exclusively intended for personal use by the customer.
3. termination without notice
Termination without notice is only possible for important reasons. For AAG, such a reason is a violation of the contractual terms and conditions and misuse of the subscription and the associated services if this threatens the security of the copyrighted material or other intellectual property of AAG. In particular, this includes making articles publicly available or their repeated and systematic transfer to third parties.
III. subscriptions and PPV access services for educational institutions and legal entities
1. term and termination of a subscription, a PPV access or a subscription with PPV access to non-subscribed years
Subscriptions, PPV access agreements or subscriptions with PPV access to non-subscribed years are generally concluded for an indefinite period and are extended by a further year if they are not cancelled in writing at least one month before the end of the billing period. The written and timely termination can be made by both contracting parties without giving reasons.
2. facility-wide use ("use within customer's facility")
All services of subscription, PPV access or subscription with PPV access to non-subscribed years are exclusively intended for use within the customer's premises and on his campus. This includes the use of services by employees and local users of the Customer's facility, such as library users, students and faculty, according to a site license ("Single Site License"). In the sense of this agreement a passing on of downloaded articles to other institutions or their users is not a use within the customer's institution.
3. termination without notice and temporary restriction of services in the event of improper use
Termination without notice is only possible for important reasons. For AAG, such a reason is a violation of the contractual terms and conditions and misuse of the subscription, the PPV access, the subscription with PPV access to non-subscribed years or the services associated therewith by the customer. In particular, this includes systematic mass downloads of articles, the systematic and permanent archiving of unpurchased PPV downloads or the distribution of articles outside the customer's premises. In the event of misuse within the customer's facility, even if this is neither caused nor the responsibility of the customer, such as a systematic mass download by third parties, AAG reserves the right to temporarily restrict individual services and to inform the customer of the misuse within one working day. The service will be restored as soon as the abuse has been rectified.
IV. PPV download of individual articles outside an access model
Beyond the subscriptions described above and the modified PPV access, individual articles of the "Elemente der naturwissenschaft" can be purchased by visitors to the website as a one-time PPV download. Upon completion of the payment for the download, a contractual relationship is established between the website visitor and AAG. After payment, the customer automatically receives the publication as a PDF download. A repeated download on the website of the "Elemente der Naturwissenschaft" is only possible with a new payment. The customer may save and print the article for his personal use, but may not pass it on to third parties in any form.
1. task, modification and suspension
The placement, amendment and suspension of advertisements or supplements must be made in writing. Oral communications shall be made by the customer at his own risk. Unless otherwise stated, the advertisement shall be published in the next available issue. Changes and suspensions are possible until the advertising deadline, which ends one month before the publication of the semi-annual issues.
2. placement and design
Placement requests can only be accepted as non-binding enquiries. Orders that do not contain any design elements can be adapted to the rules of the spelling reform. Changes to the order which are necessary for the implementation of the spelling reform do not entitle the customer to make a complaint and cannot justify any claims. Advertisements or supplements must be clearly recognisable as such by the reader and be distinguishable from the editorial part in design and font. The AAG reserves the right to add an additional marking.
3. rejection of orders
The AAG has the right to refuse or suspend advertisements or supplements at any time without giving reasons. Personals will not be published.
4. good for print
A "good for print" will only be mailed as a PDF if expressly requested. If the customer does not object to the "good fro print" sent to him within the set period, approval for printing shall be deemed to have been granted in accordance with the proof.
5. liability for incorrect appearance
The customer is responsible for the complete and error-free delivery of the data, in particular with regard to size, fonts, text and images of the advertisement. In the event of faulty publication which is attributable to culpable conduct on the part of AAG and which substantially impairs the meaning or effect of an advertisement or supplement, AAG shall provide compensation exclusively in the form of advertising space up to the size of the faulty advertisement. Further or other claims, in particular liability for indirect damages such as loss of profit, due to incorrect performance of contract, in particular due to non-appearance or late appearance of advertisements or inserts for any reason whatsoever, are excluded. AAG assumes no liability for the correct designation of protected names or trademarks. Complaints of any kind must be made in writing to AAG within 30 days of the invoice being issued. In the case of repeat orders, all warranty claims shall lapse if the customer does not point out the error in good time before the next order is printed.
The AAG undertakes to comply with the provisions of data protection law, but cannot guarantee the confidentiality, integrity, authenticity and availability of personal data. The customer acknowledges that personal data can also be retrieved in countries that do not have data protection regulations comparable to those of Switzerland or the European Union. Further details can be found in the data protection declaration of the AAG, which can be viewed at https://www.iubenda.com/privacy-policy/80681487.
1. liability regarding content
The customer is solely responsible for the content of the articles, manuscripts, advertisements or supplements. By submitting an article, manuscript, advertisement or supplement, the customer declares that he holds all rights to the transmitted article, manuscript, advertisement or supplement, including images, and that the content as well as the transmission for publication does not violate the rights of third parties (trademarks, copyrights, trade secrets, etc.). If AAG is prosecuted in court, the customer is obliged to join the process after third party notice has been given. In any case, the customer is obligated to assume all judicial and extrajudicial costs incurred in connection with claims by third parties.
2. storage obligation
AAG is not obliged to store or return delivered articles, manuscripts, advertisements, supplements, print and data material (films, photos, etc.) without an express written agreement.
3. intellectual property
The AAG recognises the intellectual property, in particular the copyright, of the customer or a person designated by him to all texts and images of an individual character created by himself.
4. use of advertisements for electronic databases
By submitting articles, manuscripts, advertisements or supplements, the customer and the copyright holder agree that AAG will publish them in full or in part. AAG may publish the articles, manuscripts, advertisements or supplements both in the journal "Elemente der Naturwissenschaft" and on AAG's websites. In addition, the customer permits AAG to make the article, manuscript, advertisement or supplement available electronically and in paper form as part of the archive. The AAG undertakes to comply with data protection regulations, but cannot guarantee the confidentiality, integrity, authenticity and availability of personal data comprehensively. The customer acknowledges that personal data can also be retrieved in countries that do not have data protection regulations comparable to those of Switzerland or the European Union.
5. right of reply
If a counterstatement request (Art. 28g et seq. Swiss CC) relates to an article, advertisement or supplement of a customer, AAG shall inform the customer concerned of the receipt of the request and shall discuss with the customer the occurrence of the request or its rejection or approval as well as the procedure for any publication and the associated modalities.
6. assignability of receivables
The assignment of claims against the AAG requires the prior written consent of the AAG.
If AAG discontinues the publication of the journal "Elemente der Naturwissenschaft", AAG may withdraw from the contract for the publication of articles, advertisements or supplements without being liable for damages. Early termination of the contract shall not release the customer from payment for the service rendered.
8. severability clause
Should a contractual provision be invalid, impracticable or incomplete, this shall not affect the validity of the remaining provisions. The parties shall replace any invalid or unenforceable provision with a valid and enforceable provision that is as close as possible to or equivalent to the original legal and economic purpose of the parties. The same shall also apply in the event of a contractual gap.
9. prices, changes and additions
The valid information (prices, advertising deadline, etc.) and the general terms and conditions are published on the "Elemente der Naturwissenschaft" website.
10. applicable law, place of jurisdiction
The relations between the parties shall be governed exclusively by Swiss substantive law. All disputes between the parties, regardless of their legal basis, shall be settled exclusively by the ordinary courts in Dornach (SO).