The following translation of our General Terms and Conditions is a service provided for our users. The English translation of the General Terms and Conditions is not binding. Solely the German “Allgemeine Nutzungs- und Leistungsbedingungen” are binding and govern the relationship between ZMG and its users.

General Terms and Conditions

Zentrale Medien GmbH
Herner Straße 299 A11-IV
DE-44809 Bochum

Tel: +49 (0)234 3600 827
Fax: +49 (0)234 579 76 55
info(at)zevep.com

CEO: Sebastian Posth
Amtsgericht Bochum, HRB: 11154
USt-ID: DE 814 841 800

§ 1 General Terms and Conditions

1. "Zentral Medien GmbH" (herein after called "ZMG") maintains websites, in particular the "zevep | zentralverzeichnis" (“zevep | central e-book catalogue”) on the internet domains www.zevep.com and www.zentralverzeichnis.de. At the same time, these domains serve as information, research, distribution, and download portals for digital content, especially for e-publications.

2. Currently, several millions of e-publications can be found through zevep | central e-book catalogue. They can be downloaded either directly or indirectly (external providers), free of charge or as paid content.

3. Complete and thorough documentation of all e-publications available on the internet cannot be guaranteed by ZMG.

4. All details of e-publications are based on information which ZMG received from the providers of the e-publications.

§ 2 e-publications of external providers

1. If an item description details an e-publication by an external provider, the user will either be referred to the appropriate external websites or the user can download the e-publication directly from the external providers’ servers via ZMG’s websites.

2. If the user is referred to an external website, the external providers’ general terms and conditions apply. Optional orders, downloads, and payments are carried out directly on the website of the external provider. ZMG simply provides the access to the external websites.

3. If applicable, a contractual relationship, in particular a license agreement or a contract of sale, is directly negotiated between the user and the respective external provider. The closing of a contract with an external provider regarding an e-publication cannot be based on item details of this publication as provided by ZMG on ZMG-websites.

§ 3 Acquisition of e-publications at ZMG / closing of a contract

1. Some of the e-publications which can be found on the websites of ZMG are offered directly to the users for download by ZMG. Orders of e-publications are placed via the ZMG’s shopping-cart system, thus initiating a direct contractual relationship between the user and ZMG. Item details of e-publications on the ZMG-websites do not present an offer in the legal sense of §§ 145 ff. BGB. After registration and with their payment (cf. § 6 AGB), users hand in a firm offer for the purchase of an e-publication via the ZMG shopping-cart system. ZMG accepts the offer by means of a confirmation e-mail. Afterwards, the user can access the e-publication in a personal user area. After purchase, ZMG is only obligated to facilitate one-time access to the e-publication in a two-week period after the confirmation e-mail was received.

2. These general terms and conditions including this paragraph also apply to the White-Label-Solutions by ZMG. In line with White-Label-Solutions, ZMG creates websites for external providers of e-publications. These websites are customised according to the external providers’ general layout. Here, the external provider can present e-publications. The order and purchase are carried out directly by ZMG via the ZMG-websites and the ZMG shopping-cart system.

3. All e-publications which are purchased directly via ZMG are equipped with technical security measures e.g. a digital watermark. If applicable, they will also be equipped with DRM-protection.

4. ZMG checks all e-publication ordered via the shopping-cart system for viruses. However, complete virus exemption can not be guaranteed by ZMG.

§ 4 Removal of e-publications and links to e-publications

ZMG reserves the right to remove e-publications or links to e-publications by external providers at any time.

§ 5 Technical requirements

In order to make use of the ZMG services, users need access to an appropriate online technology. They have to be able to access electronic services and media, particularly the internet. Users have to adapt to the changing technical standards of the internet and ZMG at their own expense.

§ 6 Registration

1. If users want to purchase e-publications via the ZMG shopping-cart system they have to register and become a ZMG member first. A personal user area will then be created. Registration is free of charge and does not constitute an obligation to purchase e-publications. Payments only become necessary with the purchase of an e-publication.

2. In the course of registration, users communicate their name, address, native country, and e-mail address. Specifications of bank details are not required during registration. Users agree that all of these specifications can be verified by ZMG or a third party. ZMG may decline or cancel a registration. Users will be responsible for updates of all information necessary for registration.

3. Only sole proprietors or legal entities may register. Sole proprietors can only register if they are fully contractually capable or if they present a written agreement by their legal agent prior to the registration to ZMG. A legal entity has to be presented by an accredited sole proprietor. The authorised representative needs to be mentioned by name.

4. Users log on to the ZMG shopping-cart system with their e-mail address and a password. Users will make sure that their e-mail address does not violate the rights of a third party (e.g. trademark rights) and is not contra bonos mores. A password is to be kept secret and should not be passed on to a third party. After the registration, users are not allowed to pass on the established account to other persons.

§ 7 Fees, ordering processes, payment, access to e-publications

1. Those fees apply that are indicated on the ZMG websites at the time of the order. Indicated prices are final.

2. E-publications can be put into the ZMG shopping cart without obligation by clicking the shopping cart button. The contents of the shopping cart can be reviewed at any time without obligation by clicking the shopping cart button. E-publications in a shopping cart can be removed at any time. In order to buy an item, users have to click the checkout button after registration and login. Users can correct the choice and number of e-publications. They can choose a payment system. The order transaction is closed after the purchase.

3. E-publications which can be purchased from ZMG via the ZMG shopping-cart system can be paid online by means of electronic payment systems. Currently, payment systems by FIRSTGATE® or PAYPAL® are being used. A payment can be also authorised via credit card (Master, Visa, American Express) – in this case, an address statement is obligatory. For safety purposes, other methods of payment (bank transfer, cheque etc.) are not acceptable unless ZMG’s explicit agreements in individual cases.

4. After payment is completed, the e-publications purchased via the ZMG shopping-cart system are held ready for download in a user’s personal area. ZMG is liable to facilitate one-time access to the respective e-publication in the two-week period after the confirmation e-mail has been received.

§ 8 Right of cancellation

1. Right of cancellation:
You can withdraw your contractual statement in written form (e.g. letter, fax, e-mail) during a period of two weeks without stating any reason. The period does not begin prior to the closing of the contract. To meet the cancellation time-limit, the dispatch of the cancellation needs to be in due time. The cancellation should be directed to: Zentrale Medien GmbH, Herner Straße 299 A11-IV, DE-44809 Bochum

2. Cancellation consequences
In case of an effective cancellation, benefits received on both sides need to be refunded and received benefits (e.g. interest) have to be returned. If the received benefits can not be refunded or only in parts or degraded by users, they will have to pay compensation for the value if applicable.

3. Termination of the right of cancellation:
The right of cancellation ceases to apply for users if download of the purchased e-publications has begun prior to the end of the cancellation period upon the user´s explicit authorisation or request

§ 9 Rights of use / digital watermark / DRM

1. Insofar a user is forwarded to the website of an external provider or the e-publication by the external provider can be accessed directly, the general terms and conditions by this external provider apply.

2. For e-publications which are purchased via the ZMG shopping-cart system, ZMG provides simple, non-transferable, and sub-licensable terms of use for the user. As a result, purchased e-publications are for private use only and can be saved, displayed, or printed as long as this is in line with the item details of the respective e-publication. An assignment of rights is effected with the first access (e.g. download etc.). No further copyrights, rights of use or any further rights are granted or assigned to the user. A transfer and/or sub-licensing of the usage rights granted to the user as well as any form of public reproduction of the e-publication is prohibited. The further publication, digital circulation and propagation of the e-publication is explicitly forbidden. If a user is not a sole proprietor, he will make sure that authorisation is not exceeded. In particular, special copy rights, trademarks, and other legal reservations are not allowed to be removed by the user.

3. Usage of e-publications that exceed allowed authorisation constitute copyright infringements, the consequences of which, according to civil law, may be removal, destruction or disclosure summons as well as actions for an injunction or indemnity claims. For better control of the allowed usage, ZMG uses digital watermarks and, if applicable, DRM measures. The removal and/or change of digital watermarks and/or detour of an employed DRM measures can be liable to prosecution.

§ 10 Guarantee and liability

1. ZMG does not account for the actuality or the legality as well as for the correctness of details in the e-publication item details. This also applies to e-publications of external providers.

2. ZMG explicitly distances itself from contingently illicit e-publications of external providers that users may be referred to. If an offer leading to an e-publication by an external provider does not comply with legal requirements, ZMG is not responsible. In case users detect a rights violation in these offered e-publications, ZMG kindly asks for immediate notification.

3. ZMG guarantees that e-publications purchased via the ZMG shopping-cart system and accessible for download in the personal user area can be downloaded completely and without errors, providing the use of state-of-the-art soft- and hardware technology by the user. ZMG does not account for content, form and layout of the e-publication.

4. ZMG is not liable for force majeure. Force majeure includes all circumstances that ZMG cannot influence, e.g. mains failures, internet malfunctionings, natural disasters, labour disputes, etc. As long as the circumstance of force majeure persists, all liabilities incumbent on ZMG are suspended and ZMG is not liable for the missing services.

5. ZMG is only liable to entitlement to damages if ZMG, ZMG’s legal representatives, ZMG’s employees or other auxiliary persons have committed gross negligence or have acted intentionally. This limitation of liability does not apply to the indemnity claims which result from the product liability act concerning severe or fatal injuries as well as damages due to a violation of basic contractual obligation (cardinal obligations). Compensation on account of a substantial breach of contract is limited to direct foreseeable losses and typical for this type of contract. This does apply in all cases aside from cases described in the second sentence of this paragraph.

§ 11 Storage of the wording of the contract

The general terms and conditions can be read on the ZMG websites at any time. Order details and general terms and conditions will be sent to you via e-mail. After completion of the order, an invoice is available for the user in his personal user area.

§ 12 Miscellaneous regulations

1. Place of fulfilment for all services is the ZMG domicile. This concerns all users who are traders, legal entities under public law or special property regulated by public law.

2. As far as the users are traders, legal entities under public law or special property regulated by public law, the courts at the ZMG domicile are responsible. However, ZMG has the right to go to court at the domicile of the user. This does not apply to legal dunning proceedings.

3. The general terms and conditions apply exclusively. The general terms and conditions of the external providers/publishing houses are subsidiary. General terms and conditions by the user do not apply. Only German law does apply. The UN Convention on Contracts for the International Sale of Goods does not apply.

4. Verbal subsidiary agreements do not exist or are hereby rescinded.

5. All unilateral declarations of intentions (notice of cancellation, resignation, refutation, etc.), changes and additions must be in written form. This also applies to the nullification of the writing requirement itself.

6. If an ordinance of the general terms and conditions is invalid or not enforceable or if a loophole appears, the rest of the terms and conditions stay intact. For the invalid or not enforceable ordinances, another ordinance closest to the purpose of the contract intended by the parties becomes effective.

7. The user is allowed to assert the right of retention and/or offset rights only if the counterclaim asserted by the user is undisputed, legally binding or ready for adjudication.

Status: 23.11.2007