General terms and conditions - scdb.info

Preambel

The portal "SCDB.info" is operated and maintained by:

Eifrig Media
Neumann-Reichardt-Strasse 27
22041 Hamburg
Email: info@scdb.info

The general terms and conditions - scdb.info regulate the contractual relationships between the portal "scdb.info" represented by Eifrig Media, Neumann-Reichardt-Strasse 27, 22041 Hamburg and the customer. Chargeable databases/software can be selected and downloaded online from the portal "scdb.info". The download only takes place digitally. An annual fee is charged for the chargeable download.

§ 1 Contract partners

(1) Contract partners within the scope of these terms and conditions are Eifrig Media and the customer. The current authorised representatives of Eifrig Media can be found in the imprint on the homepage www.scdb.info/en/software-impressum/.

Section 2 Object of the Contractual Relationship

(1) The object and elements of the contractual relationship between Eifrig Media and the customer result from these general terms and conditions.

Section 3 Materialisation of the Contract

(1) The contract materialises upon registration by the customer and confirmation by email from Eifrig Media.

Section 4 Terms of Use

(1) The scope of the usage rights is limited to the registered customer. Any use that is above and beyond this is not allowed. The above cession of right to use is not connected to an award of rights or to a waiver with regard to the rights to the databases/software.

(2) Any use of the databases/software that goes above and beyond the aforesaid permission to use represents a copyright violation with regard to the databases/software according to applicable law and is therefore forbidden.

Section 5 Conditions of Use

(1) The service is accessible to any Internet user. The condition for use is an online registration by the customer.

Section 6 Duties and Obligations of the Customer

  • Data
  • (1) The customer is in all cases responsible for the correct entry of his data, which is required for the transaction of the contract and/or use of the services. Changes to this data must be made immediately by the customer himself, provided this is possible, or they must be given to Eifrig Media in writing.

  • Code words/Passwords
  • (1) The term 'code words/passwords' is understood to be all letter and/or number combinations that have the purpose of excluding use by unauthorised persons.

    (2) Code words/passwords may not be passed to third parties and must be protected against access by third parties. They must be changed in regular intervals for reasons of security. If there is reason to suspect that unauthorised persons have become aware of the code word/password, then the customer must change the code word/password without delay. They may only be stored in digital media in an encrypted form.

    (3) The customer will ensure that when using services of Eifrig Media through the central network access of a local area network, that the local area network is protected against intrusion by unauthorised persons. Furthermore, the customer is required to save or transfer code words/passwords in digital media as well as in local radio networks exclusively in an encrypted form. For this purpose, such protection mechanisms (e.g. data encryption) must be used that comply with the state of the art.

  • Installation/Update
  • (1) Before the installation/setup of software or any other functionality, the customer must ensure that the necessary conditions for their proper operation exist. In order to be able to use the portal "scdb.info", one requires access to the Internet site of scdb.info. For access to this site, an adequately equipped PC is required with an up-to-date Internet browser as well as a Windows operating system (as of version 98).

    (2) Eifrig Media offers software updates at irregular intervals. The download of the update is a mandatory condition to ensure that the customer uses the latest version of the software and can make use of the latest functionality. Eifrig Media points out that the functionality can't be used, or can only be used to a limited extent if the updates are not installed. In this case, Eifrig Media is exempt from any liability provided it proves that the deficiency would not have occurred in the event of the installation of the latest software version in each case.

  • Contents
  • (1) To the extent that the term "Contents" is used in the following, this covers all data, pictures, graphics, or other information that can be requested or provided using technologies that are provided (Internet, email, WAP, PDA, etc).

    (2) If content from Eifrig Media is provided, then the following regulations are in force, provided nothing else has been agreed in special agreements. It is not permitted to edit, duplicate, distribute, or publicly reproduce the content or parts thereof or to use it for advertising or use it in any form that is otherwise outside the contractually specified purpose, without the express written consent of Eifrig Media.

Section 7 Complaints

(1) Irrespective of the liability for defects by Eifrig Media according to Section 9, paragraph 2, the customer is requested to notify Eifrig Media in writing of any complaints with regard to the service without delay and if possible within a time period of 14 days after becoming aware of the reason for the complaint. Missing this deadline has no effect on the claims against Eifrig Media for deficiencies. The complaints must directed to info@scdb.info or Eifrig Media, Neumann-Reichardt-Strasse 27, 22041 Hamburg.

Section 8 Consequences of Violation of Duties

(1) Eifrig Media is not liable for damages resulting from a violation of duty that is the responsibility of the customer and which could have been prevented had the customer observed the duty.

(2) In the event of serious violations of the duties that are the responsibility of the customer as well as in the event of justified serious suspicious facts for a violation of duties, Eifrig Media is entitled to block the respective service or functionality related to the violation.

Section 9 Liability

  • Customer
  • (1) The customer himself is liable for violations of the rights of third parties to the third parties directly. In the event of justified claims by third parties, the customer is required to indemnify Eifrig Media provided he can't prove that he is not responsible for the violation of duty that caused the damages.

  • Eifrig Media
  • (1) The liability for defects by Eifrig Media in the event of properly notified complaints is orientated around the legal provisions. The liability restrictions written in these general terms and conditions remain unaffected by this.

    (2) The liability of Eifrig Media is orientated round the legal provisions.

Section 10 Data Privacy

(1) Personal data is collected, processed, and used only for the purpose of the provision of the service and the utilisation, provided there is no separate additional consent. A separate consent will be obtained for data that goes above and beyond this.

(2) The data will be stored within the framework of the legal regulations. For the implementation of the contract, for the hotline, and for technical support for the services/functionality used by the user, the data of the user within the scope of the order data processing can be communicated to subcontracted companies.

(3) In cases of order data processing, Eifrig Media guarantees the same protection of personal data as is provided in Section 10, paragraph 1.

Section 11 Obligation to Pay

(1) The annual fee can be paid through various settlement methods (direct debit, PayPal, bank transfer, credit card, cash). The following regulations are applicable:

(2) The annual fee must be paid before Eifrig Media provides the service.

(3) The customer receives an invoice as a rule. The invoice will expressly show the payment time limit. In the event of delay of payment, the legal rules apply.

(4) The customer only has set-off rights provided his counterclaim has been established legally or is undisputed or acknowledged. The right of retention, in particular the objection to non-performance of the contract remains unaffected.

Section 12 Price and Service Change

(1) Eifrig Media reserves the right to change the content of these general terms and conditions, provided the change is just and reasonable to the customer.

(2) Furthermore, Eifrig Media is entitled to change these general terms and conditions with an advance warning of six weeks. Eifrig Media will inform the customer of the respective change by email or in writing. At the same time, the customer will be expressly informed that the respective change will become an item in the contract existing between the contractual parties if the customer doesn't object to the change in writing or by email within a deadline of six weeks after the announcement. If the customer objects, then each party has the right to terminate the contract by email or in writing with a reasonable time period for a termination.

Section 13 Minimum Term of Contract/Cancellation

(1) The contract runs for one year and can not be cancelled before expirey of the year.

(2) The contract is automatically ended after expiry of the year, assuming the customer doesn't extend the contract for another year in advance.

Section 14 Refunding

(1) There is no claim for a refund of the annual fee.

(2) It is at the discretion of the management of Eifrig Media in isolated cases to refund the annual fee in the event the customer has technical problems. There will be verification by the management. For this purpose, contact Eifrig Media (registrierung@scdb.info)

Section 15 Other Provisions

(1) German law applies to the contractual relationship between the contractual partners.

(2) If individual provisions of these general terms and conditions are or become ineffective, then this has no effect on the effectiveness of the remaining provisions.

(3) Eifrig Media does not recognise deviating or supplemental terms and conditions from the customer.

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