General terms and conditions

§ 1 General

  1. thebiotechknows.com is an online networking, communication and presentation platform specially designed for the needs of the biotechnology world, hereafter referred to as “the Service” (including this website and all its applications) provided by thebitechknows/EPISODE (contact: info@thebiotechknows.com; see About us for detailed information), hereafter referred to as the “Provider”.
  2. These Terms and Conditions (GTC) are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the Service, uses the Service for any purpose, hereafter referred as “the User”.
  3. These General Terms and Conditions can be subject to additions by special terms and conditions. These are currently: Statement on Privacy and Data Protection
  4. Regulations which are in conflict with these general terms and conditions will not be accepted.

§ 2 Registration and Consent

For registration the User fills in the registration form provided on the website with the requested data and pushes the button “Register”. By completing the registration process, the User consents to enter the agreement to use the Service (offer). The Provider will send an email with a verification link and enables the access for the User (acceptance). The User will then be able to log-in to the Service by using his/her self-generated password. The User warrants that she/he is of legal age at the time of registration.

§ 3 Termination of Membership

The User may terminate his/her membership at any time without cause. For termination notification to the Provider please use our Contact Form. The termination notice shall include the User's registered name and email address. The termination will be effective with the notification. The Provider will send a termination confirmation within two business days. With the termination of the membership the User will not have access to the Service any more. With the termination the Provider will delete all personal data the User has stored on her/his profile immediately. Blogs, group discussions, publications etc. the User has posted within the Service will not be erased automatically with this termination. The User will have the opportunity to erase those him/herself before the termination of his/her membership or may ask the Provider afterwards to do so. The Provider will grant the request expeditiously.

§ 4 Consumer's Right of Cancellation

The following provision applies to the User only if he is a consumer as defined in § 13 BGB (German Civil Code). A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to the person`s commercial or self-employed vocational activity.

  1. Right of Cancellation The User may cancel his/her registration in writing (i.e. by letter or email or using the Contact Form) within 2 weeks without stating a reason. The two-week period begins when membership is activated by the Provider, but not before the receipt of these instructions. The User cancellation notice should be sent to: info@thebiotechknows.com; see About for detailed information. For meeting the cancellation deadline, the date of dispatch of the cancellation notice is decisive.
  2. Consequences of cancellation In the event of a valid cancellation both parties shall be obliged to restore any benefits already received in accordance with legal provisions and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits or only able to restore them in poor condition to the Provider then the User must reimburse the Provider for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.

§ 5 Disclaimer

  1. The Service is provided “as is” and the Provider disclaims any and all representations and warranties, whether expressed or implied, including - but not limited to - implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise and is not liable for any specific results, effects or outcome from the use of the Service.
  2. The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The Provider is responsible only for it`s own activities. The Provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service; this does not apply on damages, disadvantages and disprofits that are caused by the Provider intentionally or wantonly negligently as well as for guaranteed characteristics of state, claims according to the German Product Liability Act or damages and injuries of the body, health or life.
  3. The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
  4. The Provider reserves the right to exclude certain Users. No one has a right to use the Service.

§ 6 Storage of information

  1. The Service consists largely of information stored on the request of Users.
  2. The Provider cannot have actual knowledge of any infringements caused by information that is stored on the request of Users. The Provider is not liable for such information.
  3. The Provider will, upon obtaining knowledge or awareness about such infringement, act expeditiously to remove or disable access to such information.
  4. The Provider is entitled to remove any prohibited or illegal data and/or information without any prior warning to the User. The Provider reserves the right to disable the access for this particular User.
  5. The Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyers fees.

§ 7 Obligations of the User

  1. thebiotechknows.com is a platform for connecting the biotechnology world. Therefore the User shall represent him/herself in a respectable way. The User must not use any pseudonyms, nick or pen names.
  2. The User is obliged to request the storage of information only if he/she has the right to store and publish such information. Users must not request to store any information that infringes any third party`s right (i.e. copyright, trademark, other intellectual property right, etc.) or advertise, promote, offer or distribute any goods or services protected by law without permission.
  3. The user must not use any insulting or defamatory contents or use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices such as chain distribution systems, multilevel selling or pyramid sales.
  4. The User must not be engaged in any annoying action i.e. chain letters, spam, etc. and it is forbidden to use all kinds of technical attacks on the server or to use devices to retrieve other User`s profile data (“data harvesting”).
  5. The User must not use any pornographic materials or contents that violate applicable legislation for the protection of minors.

§ 8 Notice and Take Down

  1. If a User notices any information provided within the Service infringes his or any third party`s right or violates applicable law or these GTC, he or she shall report to the Provider using our Contact Form.
  2. Upon such notification, the Provider will expeditiously check the reported information and will -when necessary- delete the information or block the access. (Art. 6 Nr 4)
  3. The User shall not take any legal action before the Provider has dismissed the notification or two business days have elapsed without any reaction.

§ 9 Usage of information

  1. Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
  2. All informations provided within the Service by the Provider or the Users may only be accessed manually by a natural person.
  3. Users must not publish, share, sell or make available information that is provided within in the Service by the Provider or by other Users with/to any third party (see Art. 6 Nr. 3 and 4.)

§ 10 Copyright and other Intellectual Property Rights

The software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of the Provider.

§ 11 Trademarks and Service Marks

Marks for Goods and Services may be used without any identification of being under the protection of any copyright. This does not mean that such marks are not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of the respective owner and must not be used by Users in any infringing manners.

§ 12 Applicable Law

These Terms and Conditions are an agreement solely under the law of the Federal Republic of Germany and the law of the European Union (European Communities), as far as it is directly applicable within Germany. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than Germany) and any international trade law.

§ 13 Severability Clause

If any provision or provisions of this Terms and Conditions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

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