General terms and conditions of use for
(As at: July 2012)
(1) At www.dental-dictionary.com Richard Giles, Auf der Platte 1, D-61350 Bad Homburg, Germany, tel.: +49(0)6172/267 8693, (hereinafter: Website Operator) provides the use of a German-English/English-German online dental dictionary in the form of a searchable Database (hereinafter: Database).
(2) The Database contains a dental compendium referring to selected specialist terms with informative texts and information on various products.
(3) Scope and content of the Database could change after a licence agreement.
§ 1 Object of the agreement
(1) The Website Operator makes the Database available online via the internet. Alternatively the Website Operator makes the Database available as an app for iPhone/iPad or Android.
(2) Scope and contents of the Database can be found in the descriptions available at www.dental-dictionary.com.
§ 2 Website Operator services
(1) The Website Operator shall always make the Database available to access 24 hours 7 days a week.
(2) In accordance with Paragraph 1 the Website Operator cannot guarantee access if there is technical interference on Sundays and statutory holidays in the Federal Republic of Germany or during maintenance and update work on the Database.
(3) In accordance with Paragraph 2 the Website Operator shall carry out maintenance and update work as standard on Mondays between 10 and 11 AM. Any deviations from this type of work will be announced in due time by the Website Operator on the online site.
§ 3 Period of use, prices and payment terms
(1) The fee for use of the Database is EUR 20.00 per month (plus 19% VAT (= EUR 23.80 in total)) and is payable in advance for the respective period of use.
(2) The initial period of use is three months. Apart from that, the period of use can be freely selected in complete months.
(3) The selected period of use is extended by a corresponding period, if the user agreement is not cancelled in writing thirty days prior to the expiry of the respective period of use.
(4) The costs of access to the object of the agreement, in particular telecommunication charges, shall be borne by the User.
§ 4 Conclusion of the agreement, term
(1) A licence agreement between the Website Operator and User is concluded when the User registers online at www.dental-dictionary.com with the required information and the licence fee in accordance with § 3 for the selected period of use is received by the Website Operator.
(2) The Website Operator confirms the conclusion of the agreement in accordance with Paragraph 1 to the User by email and activates access to the Database for the User.
(3) The selected period of use begins with activation in accordance with Paragraph 2.
§ 5 Access cut-off
(1) The Website Operator shall cut off access to the Database at 24:00 hours Central European Time or Central European Summer Time on the day the period of use expires.
(2) The Website Operator reserves the right to cut off access to the Database, if the User seriously breaches contractual obligations, for example violation of copyright and rights of use.
§ 6 Copyright and rights of use
(1) The Database is protected by copyright and neighbouring rights. The Website Operator is the owner of the exploitation rights.
(2) The Website Operator shall grant the User simple, non-exclusive, non-transferrable rights of use in accordance with these conditions. The User may only use and store the results of searches for his/her own purposes.
(3) Use extending beyond the framework of Paragraph 2 requires prior agreement in writing with the Website Operator, in particular the creation of multiple reproductions, creation of systematic collections, commercial use or copying on more than one data medium.
(4) Only the registered user should personally use the Database. One person shall be appointed as the registered user in the case of companies, legal persons or public law special property. Use by several persons or use in a network requires a separate written agreement with the Website Operator.
§ 7 Obligations of the User
(1) During registration according to § 4 Paragraph 1 the User shall create a log in and password containing at least six characters.
(2) The User shall be responsible for keeping the log in and password secret according to Paragraph 1. The User shall ensure that use of the Database by a third party via this access code is prevented.
(3) If use of the Database by a third party is found to be due to infringement of the obligations from Paragraph 2, the User shall be liable to pay for this use. The Website Operator reserves the right to claim for compensation in these cases.
§ 8 Confidentiality, data protection
(1) Both contract partners undertake to treat confidentially information about the other contract partner, insofar as it does not involve information already known in the public domain.
(2) We collect and process your data in compliance with the relevant statutory regulations, particularly the EU General Data Protection Regulations (GDPR) and the German Federal Data Protection Act (BDSG). For further information we refer to the data protection information given separately.
§ 9 Liability for violations of duties
(1) If searches of the User are unusable due to faults, for which the Website Operator is responsible, the Website Operator shall correct the results and supply the User with supplementary results.
(2) If the correction according to Paragraph 1 fails twice, the User can demand an appropriate reduction or withdraw from the agreement.
(3) The Website Operator is not responsible for faults, which are caused by violation of the User’s obligation to cooperate from § 7 or originate in the sphere of responsibility of a third party (for example a communication network operator).
(4) Requirement for the assertion of claims from Paragraph 1 is a written notification of defects by the User within ten days after service provision.
(5) The Website Operator is only liable for damage of the User, insofar as the damage was caused wilfully or through gross negligence by the Website Operator, his/her employees, legal representatives or other vicarious agents. In addition, the Website Operator is only liable for foreseeable damages, which are caused by breach of essential contractual obligations by the Website Operator. These are for example the obligations from § 2 of these terms. Liability is excluded for loss of profits by the User, loss of savings by the User, direct damages, consequential damages, damages which originate in the telecommunication infrastructure provided by a third party, as well as damages, which are caused by irregular conduct by the User according to § 6 or 7 of these terms.
(6) The aforementioned limitations of liability shall not apply in cases of mandatory product liability or in the event of injury to life, body or health.
(7) The Website Operator is not liable for damages due to force majeure. These are, in particular, malfunctions caused by natural disasters, acts of war, industrial disputes and similar events.
§ 10 Scope, reserving the right to change
(1) These general terms and conditions of use contain all the regulations between the Website Operator and User with regard to the object of the agreement. Previous agreements and understandings between the parties about the object of the agreement lose their validity when these terms and conditions come into effect.
(2) General terms and conditions of the User are not and will not become the object of the relationship of the parties to the object of the agreement. Their validity will be contradicted in advance.
(3) The Website Operator shall continually develop and maintain the Database. The Website Operator reserves the right to make changes to the agreed services, provided such changes do not impair the core services and as far as they are reasonable in consideration of the interests of the User.
(4) Prices are subject to change. They should be announced by the Website Operator in due time so that the User can terminate the contractual relationship while observing the contractually agreed period of notice with the termination time before the new prices come into effect. If the User does not exercise this right and continues to use the services of the Website Operator after the price changes have come into effect, the price changes shall be binding for both contract partners. The invoice shall then be issued based on the price changes.
(5) Announcements of changes to the GTC shall be made on the internet pages of the Website Operator. Contract partners will be informed of changes to the GTC in writing or by email. The changes shall be deemed to be accepted, if they are not contradicted in writing within two weeks after notification.
§ 11 Transfer of rights
The User may not transfer his/her rights from the contract to a third party without prior agreement of the Website Operator. The Website Operator will not refuse without good reason.
§ 12 Place of performance, applicable law, court of jurisdiction
(1) Place of performance is Bad Homburg.
(2) The law of the Federal Republic of Germany shall apply exclusively for contractual relationships of the parties under these terms and conditions. Application of the UN Convention on the International Sale of Goods is excluded.
(3) Bad Homburg shall be agreed as the court of jurisdiction for all legal disputes arising from a contract, if the User is a merchant, a legal person under public law or a special asset under public law.
§ 13 Written form
(1) Changes, additions and cancellation of these terms and conditions or a contract as well as the written-form requirement must be made in writing.
(2) All notifications, declarations or cancellations, which are mentioned in these terms and conditions or are based on them, must be made in writing to become valid. A fax or email satisfies the written-form requirement.
§ 14 Final clause
Should individual clauses of these terms and conditions become ineffective or inoperable, the effectiveness of the remaining provisions shall remain unaffected.
These terms and conditions of use were translated from the original German. The website operator does not accept any liability for damages that may arise from using the English text. The original German text is definitive.