Terms of Business

Terms of Business and Terms of Use for subscribers of forum book art – Heinz Stefan Bartkowiak

§ 1 Definitions
(1) Consumer / User
According to section 13 BGB (German Civil Code) the consumer / user is defined as every natural person entering into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity.
(2) Entrepreneur
According to section 14 BGB the entrepreneur is defined as a natural or a legal person or partnership having legal capacity that acts in the performance of a commercial or a self-employed occupational activity.
(3) Database
The database is all of the accessible information stored in the form of a data collection on the following URLs: www.forumbookart.com, www.forumbookart.net, www.forumbookart.de, www.b-art1.net, www.b-art1.org, www.b-art1.eu.
(4) Subscriber
The subscriber is a person who gains fee required access to the database content in the context of the subscription paying the respective charges in return.
(5) fba
fba is the abbreviation for “forum book art – Heinz Stefan Bartkowiak”. fba is the licensee / operator of the following URLs: www.forumbookart.com, www.forumbookart.net, www.forumbookart.de, www.b-art1.net, www.b-art1.org, www.b-art1.eu.

§ 2 Area of Validity
Our General Conditions and Terms of Use are exclusively valid for any utilisations that are associated with the database. We do not accept conditions that are opposed to or differing from our Conditions and Terms of Use unless we agreed explicitly to their validity.

§ 3 Service and Subject Matter of the Contract
(1) On the websites www.forumbookart.com, www.forumbookart.net, www.forumbookart.de, www.b-art1.net, www.b-art1.org, www.b-art1.eu fba operates an information offer on the internet dealing with book art. To make the topic book art accessible to a broader public while providing a platform to book artists and presenting current information on book artists and works of book art to interested people are the whole purpose of this offer.
(2) Subject matter of the contract between fba and the subscriber is the access to the information provided by the participants on fba´s websites.

§ 4 Registration
(1) To become a subscriber and get access to the content stored in fba´s database you first have to register using the respective online form. For a successful registration the required data must be complete and truthful.
(2) Multiple registration using different names or addresses is inadmissible.
§ 5 Conclusion of the contract
(1) By transmitting the registration form for a subscription the prospective subscriber makes a binding offer. The receipt of this offer shall be confirmed to the prospective subscriber by email. This confirmation email does not constitute the acceptance of the offer.
(2) The acceptance of the contract shall be carried out by letter, fax, or email delivery of the invoice. The offer is to be regarded as rejected if no acceptance has been made within 14 days. In this respect the prospective subscriber renounces an explicit declaration according to section 151 subsection 1 BGB.

§ 6 Fees and conditions of payment
(1) Prices on the websites are final prices including valid statutory turnover tax / VAT. The mentioned prices are each valid for one subscription and for the duration of one year.
(2) Besides prepayment fba only accepts modes of payment mentioned in each case.
(3) The invoice is payable with the receipt of the respective invoice.
(4) Login data shall be unlocked after receipt of the payment and expiry of the revocation right.
(5) 30 days after the proper receipt of the invoice the subscriber gets automatically into delay of payment (section 286 III BGB). Referring to a consumer this is only valid stating an appropriate warning in each one invoice.
(6) In case of delay of payment fba obtains the right of exceptional notice.

§ 7 Set-off
(1) A set-off right for the subscriber only exists as far as his counterclaim is being declared by law or not denied by fba.

§ 8 Duration / Availability / Notice
(1) The duration of the contract between the subscriber and fba is 1 year from the time of unlocking the login data. Condition for unlocking the login data is the receipt of payment and expiry of the revocation right unless you explicitly disclaim your revocation right.
(2) After the duration of the contract has expired the contract renews tacitly for respectively one more year, as far as the contract is not cancelled in written form 3 months before expiry of the subscription.
(3) In case of notice the subscriber receives a confirmation on the notice by email.
(4) Due to technical failures, maintenance or other circumstances beyond fba´s control the server of fba might be temporarily not available. As well, the access to fba´s services on the internet may be restricted by fba as far as this is required for the protection of the network and maintenance of operation. For these reasons fba cannot guarantee an accessibility of 100%.

§ 9 Revocation Right
Consumers according to section 13 BGB are entitled to a revocation right.

Revocation Right

You can revoke your contract declaration in written form (e.g. letter, fax, email) within two weeks without specifying any reasons. The time limit starts at the earliest with the receipt of this declaration in written form. Sending off the revocation in time complies with ensuring the revocation time limit. Send your revocation to:

forum book art
Heinz Stefan Bartkowiak
Körnerstraße 24
D-22301 Hamburg
Germany

Effects of the revocation:
An operative revocation effects that both parties have to restore received achievements and potential benefits (e.g. interests). Compensations for lost value must be made as far as you are not able to refund received services in whole or in part or only in a deteriorated condition.

Particular note:
Your right of revocation expires ahead of time if fba has started executing its services by your explicit accordance before the end of the revocation time limit or if you yourself have caused these (e.g. by downloading, etc).

Close of the declaration of revocation

§ 10 Copyrights, other industrial property rights
(1) The contents stored on fba´s websites exclusively serve for informational matters.
(2) Duplication, editing, distribution, and any kind of utilisation of contents in the database and fba´s web services exceeding the limits / boundaries of copyright law require the approval by fba and the respective author and/or the owner of the rights in written form. Printings, downloads, and copies of these sites are only allowed for private but not for commercial use.

§ 11 Login / Access data
(1) fba provides personal access data (passwords and login identifications) to the subscriber.
(2) The subscriber is liable to keep these personal data in confidence and must not pass them on to a third party.
(3) The subscriber has to report immediately to fba (by phone, email, or fax) if personal access data get lost, do not work properly, or if he suspects a third party to misuse the access data. If so, these access data shall be blocked and the subscriber shall be sent new access data.
(4) The subscriber is liable for any misuse like unauthorised utilisation by a third party as long as he has not reported (by phone, email, or fax) to fba referring to clause (3). Aforementioned is void if the subscriber is not responsible for the access or misuse.

§ 12 Liability
(1) fba is liable in cases of intent or gross negligence of fba or a representative or a vicarious agent according to legal provisions.
(2) In cases of slight negligence fba is only liable for the violation of fundamental obligations of the contract. If so, fba´s liability is limited to the damage foreseeable at the moment of the conclusion of the contract. This limitation is void in cases of injury that refer to life, body and health. fba is not liable for any other damages that are caused by slight negligence. A possible liability for negligence precedent to the contract or according to the product liability law remains unaffected.
(3) A potential liability for fraudulent concealment of a defect or for the assumption of a guarantee or a warranty remains unaffected, independently of a fault by fba.

§ 13 Data Protection
(1) All of the collected personal data of the subscriber are kept in confidence and dealt with according to the legal provisions. The subscriber agrees that data required for the execution of the contract may be stored and passed on to a third party as far as this is indispensable to the performance of the contract.
(2) Data required for winding up the contract will be stored and passed on to a third party as far as this is indispensable to the performance of the contract.
(3) Stored data about the subscriber can be deleted at any time after winding up the contract if the subscriber wishes so.
The deletion will be carried out after notification by email or fax to fba.
(4) Beyond this no data are passed on to a third party.
(5) As far as the subscriber has agreed he may receive current information from fba, in form of emails / newsletters. The subscriber can sign off from the respective offer at any time if he does not wish to receive any more emails / newsletters.
(6) As far as a subscriber would like to contact a participant fba shall brief the participant and in case of his explicit agreement pass on contact data to the subscriber.

§ 14 Place of Jurisdiction
(1) For all present and future claims arising from business relations with entrepreneurs including claims based on a bill of exchange or cheque the place of jurisdiction is the registered office of fba. The same is valid referring to customers as far as they do not have a general place of jurisdiction within their country, change their permanent residence or their habitual residence out of their home country after the conclusion of the contract, or their permanent or habitual residence is not known at the time of the commencement of an action.

§ 15 Final Provisions
(1) Exclusively German law is applicable.
(2) If any one of the aforementioned conditions is void the validity of the other provisions remains unaffected.