Special Conditions TIB Document Delivery
Declaration of data protection
TIB ensures that in its area of responsibility clients' orders are handled with strict confidentiality. We store data of clients' profiles on our TIB-server for the transaction of the order and delivery process as well as the settlement of accounts. In addition to this we use these data for our own advertising measures. We do not pass on data to external viewers. To delete a client's profile a notice in writing and with consideration of possible payments is necessary.
Personal statement
In order to rule out any abuse I confirm that
- my chosen customer category is correct
- the delivery and invoice addresses indicated are correct.
I will update my personal data at all times.
In the case of an assignment made by me to Customer Group 1 or as a private person to Customer Group 2, I certify that no use is made of the supplied document for commercial purposes.
Copyright law
a) § 53 of the German Copyright Act applies to the use of documents. In short: the recipient of the document is allowed to make up to 7 copies for the internal use (BGH GRUR 1978, 474, 476/pages of duplication). The recipient may disseminate the document and must delete the file after printout when delivered electronically.
b) It is the client's responsibility to ensure conformity with the laws, especially the copyright laws, of the country to which the document is delivered.
SPECIAL CONDITIONS FOR DELIVIERIES OF COPIES OF ARTICLES TO CLIENTS ACCORDING TO AGREEMENTS WITH PUBLISHERS (CONDITIONS FOR CUSTOMER LICENSE AGREEMENTS)
As of 1 March 2018.
A. Commercial and non-commercial clients:
1. The Client confirms that by placing an order, he or she is offering to form an agreement and that by granting the right to use the requested Article in accordance with Clause 2 of the Agreement, TIB accepts this offer, by which means a valid license agreement is formed that incorporates these conditions.
2. For orders in connection with the non-commercial Price Groups, the Client affirms that he or she is a member of the non-commercial price groups and requests and uses the copy in the capacity on the basis of which he qualifies for non-commercial price groups. The Client declares that in the case of an electronic delivery, he or she accepts the functions established for it and the scope of user rights agreed upon for it.
3. The Client acknowledges that he or she or she will not infringe any copyright subsisting in the supplied Article. Resale or Redistribution are not permitted.
4. The Client agreed not to circumvent or interfere with any Digital Rights Management system forming part of the delivery by TIB. The Client acknowledges that any circumvention or breach of the DRM system, the causing of unauthorized deliveries, or the unauthorized use of passwords may, after one initial warning, lead to the suspension and/or permanent termination of Client's account with TIB, either as a result of TIB's policies or at the request of a Supplier Library.
5. The Client shall be notified that his data, including personal data, may be disclosed to the Publisher of the Article if this is deemed necessary for purposes of investigating or preventing the violation of a law or an agreement by the Client.
6. The Client acknowledges, to the extent permitted by law, that the law applicable to this transaction shall be law applicable at the principle place of business of TIB. To the extent permitted by law, the Client agrees to the non-exclusive jurisdiction of the courts at the principal place of business of TIB, at the place of delivery receipt and at the habitual and/or permanent place of residence of the Client.
7. The Client acknowledges that the Publisher of the Article has a direct right of action against the Client if the Client violates the provisions of the Customer License Agreement.
B. TIBLibraryservice (TLS):
Non-commercial libraries located in the EU and other European states, that are publicly financed as a general rule, are approved by TIB, and perform duties such as a national library, state library, university library, regional library, a library of a college of applied sciences, public library, or specialized library that meet the above-cited criteria. For the avoidance of doubt, the term shall in any event exclude corporate libraries and libraries belonging to commercial or for-profit entities.
1. The Library confirms that by placing an order, it is offering to form an agreement and that by granting the right to use the requested Article, TIB accepts this offer, by which means a valid license agreement is formed that incorporates these conditions for Customer License Agreements.
2. The Library affirms that
i) it acts strictly according to a request that it received from a person who is registered with it as a user and who himself would qualify for an order as part of the non-commercial Price Group,
ii) the user confirms his qualification for an order as part of the non-commercial price group at least once in writing,
iii) the request is processed by a staff member of the Library on the premises of the Library (the request need not be submitted in person on the premises of the Library but may instead be submitted by telephone or by e-mail, for example),
iv) both at the time of the request and at the time when the delivery is received, the user is located within the one of the following countries and habitually resident there:
List of Countries
v) insofar as the transmission takes place electronically, the user receives an unchanged printout with a watermark that has been created by a staff member of the Library on the premises of the Library. The printout needs to be picked up in person on the premises of the Library. It is only permitted to forward the document electronically inside Germany, Austria, Liechtenstein, Switzerland and only if the relevant price group so permits.
3. The Library refers every other library client directly to the TIB Portal.
4. The Library confirms that in the case of an electronic delivery, it accepts the functions established for it and the scope of user rights agreed upon for it.
5. The Library agrees not to circumvent or interfere with any Digital Rights Management system forming part of the delivery by TIB. The Library acknowledges that any circumvention or breach of the DRM system, the causing of unauthorized deliveries, or the unauthorized use of passwords may, after one initial warning, lead to the suspension and/or permanent termination of Library's account with TIB, either as a result of TIB's policies or at the request of the Supplier Library.
6. The Library's data may be disclosed to the Publisher of the Article if this is deemed necessary for purposes of investigating or preventing the violation of a law or an agreement by the Library or the User. The Library agrees to notify the Users accordingly.
7. The Library acknowledges that the law applicable to this transaction shall be law applicable at the principle place of business of TIB. To the extent permitted by law, the Library agrees to the non-exclusive jurisdiction of the courts at the principal place of business of TIB, at the place of delivery receipt and at the habitual and/or permanent place of business of the Library.
8. The Library acknowledges that the Publisher of the Article has a direct right of action against the Library if the Library violates the provisions of the Customer License Agreement.
