Terms and Conditions Custom Publishing
One of the functions offered to registered Users of the De Gruyter website enables them to compile their own Custom Books. These can consist of magazine articles, whole book chapters and/or databank files selected and extracted by the Users themselves from the titles (magazines, books, data files) stored on the site. The end product can then be presented under a new title and cover, and the User is also free to add his own chapter headings. The new work then becomes available in both electronic form and print form.
The data selected by the User, plus his own input, will appear under the product’s brand name “De Gruyter My Choice” and the De Gruyter logo, which will also be printed on the book.
Use of this service will be, at a minimum, subject to the terms and conditions set out in this document and will also include the General Terms and Conditions and General Licensing Conditions
- The User must issue a guarantee confirming that the titles of the book and its individual chapters, and also the cover design, do not infringe any copyrights, performing rights, trademarks, rights of privacy or any other third-party rights, that the new components have no connection with or contain pornographic, immoral or extremist political content and that the (moral) rights and reputations of the authors of the selected extracts will be duly observed.
- The User must also guarantee that the cover and the titles chosen by him reflect the Custom Book’s content.
- Customers using this service by selecting and extracting content (e.g. texts and images) which are protected by copyright or other rights, grant De Gruyter the non-exclusive right and moreover, without any territorial restriction for the duration of the copyright permitting De Gruyter to use the Custom Book’s content for the purpose of providing relevant services to the necessary extent for all editions and printings.
The rights of use will consequently include the right to use the relevant technical processes for duplication of the content and for making the content available in print or electronic form.
De Gruyter expressly prohibits the use of copyright-protected material (text or images) without the owner’s express consent or the use of material infringing other third-party rights.
- The User also bears sole and exclusive responsibility for the content of the image files used for the cover. By sending the cover to De Gruyter or uploading it to the De Gruyter website, he guarantees that the content of the image files thus transmitted does also not violate any criminal law (in particular pornography) or any other acts.
The User shall bear sole and exclusive responsibility for consequences arising from infringement of these rights and laws, thereby indemnifying and holding De Gruyter harmless against all third-party claims.
- De Gruyter expressly prohibits the use of material containing viruses, worms, Trojan horses or other forms of toxic codes, and also of any other material constituting a risk for its homepage or services. De Gruyter also prohibits the use of material inciting others to commit illegal acts and/or material which is morally harmful to minors, including links to content of the foregoing types.
- De Gruyter is entitled, but not obliged, to audit the legality of Custom Books. Should such audit reveal that individual or total content violates either existing law or these regulations, De Gruyter shall be entitled to cancel the order without further notice. In cases where content of a criminal nature is found, De Gruyter reserves the right to report the offense to the authorities responsible for enforcement of criminal law.
- The User shall bear sole and exclusive responsibility for all violations of law arising from the Custom Book and the liability for loss or damage resulting from any such violations.
Rights of Use, Approved Access
- De Gruyter grants the User the non-exclusive, non-transferable right which may not be sublet to access the Contents via the Website and to use the Website for this purpose in accordance with these General Rules.
- The contracting parties agree that the Contents of the selected articles and/or works in the database entries are copyright-protected in De Gruyter’s favour. This applies also to any other protectable elements. The User receives rights of use and access in accordance with these General Rules.
- Access rights only apply to IP addresses or User names/passwords registered with De Gruyter.
- Approved Users are allowed to access the Contents only for their own use or for purposes of research, and to make individual print-outs or electronic copies of individual articles or chapters which do not constitute more than a small proportion of the affected Contents.
- The materials of the Custom Books or parts hereof are not permitted to be used for re-sale or any other commercial purpose by the User. The User is also not permitted to use or exploit the Contents either in electronic or print form in whole or in part by sale to third parties, rent, lease, loan or any other means for commercial or trade purposes.
- The User is not permitted to be a commercial party to paid documentation services and to make the Contents available in whole or in part for this purpose.
- The User is not allowed to make parts of the Contents available in other networks, for example in the Internet, in particular in the World Wide Web.
- The User is also prohibited from reproducing the Contents (in whole or in parts) on permanent data processing media and passing them on to third parties and/or from translating the Contents to other data formats and/or from saving the Contents permanently unless this is provided by a function that is made available by De Gruyter. The above prohibitions also apply to parts of the Contents and to the instigation of corresponding actions by third parties.
- The User may not process, operate on or in any other way alter the Contents of the Gruyter (in whole or in part) unless this is necessary for the use in accordance with these contractual conditions.
- De Gruyter reserves the right to withdraw individual products or parts of the Contents, in particular if De Gruyter no longer owns the requisite rights, or if there is reasonable cause to suspect that individual products or parts of the Contents offend the rights of third parties or are illegal in any other way.
- The User is prohibited from removing, altering or suppressing Authors’ names, copyright notices, references to registered marks (esp. brands and company names), logos, other references serving identification or relevant for copyright purposes, together with liability exclusions, legal reservations etc. Any distribution of the Contents allowed under these General Rules requires an indication of source.
Liability, warranty disclaimer
- Technical problems: De Gruyter is not responsible for technical problems (e.g. line disruptions, power cuts and other problems in the Internet and telecommunications infrastructures) or for other circumstances (e.g. war, strike, floods, restrictions imposed by the state) beyond De Gruyter’s control. Nor does it accept any liability whatsoever in cases where the service becomes temporarily unavailable or is discontinued completely. In the event of content defects attributable to the licensee (e.g. printing or text errors or errors of meaning occurring during transmission of copy), the licensee shall indemnify De Gruyter against all warranty and compensation claims filed against De Gruyter by third parties.
- De Gruyter also recognizes no liability for loss or damage to material input or uploaded by the User, which is attributable to technical circumstances. The User is solely responsible for the backup of information or images transmitted to De Gruyter.
- De Gruyter bears no responsibility for the quality of the Custom Book.
- De Gruyter reserves the right to withdraw the offer in whole or in part and also to delete the customer’s data and material, in particular in the following cases:
- If the User infringes our General Rules or our General Terms and Conditions andn Licensing Conditions.
- If the customer infringes third-party rights.
- If the customer fails to accept our offer within 6 months of date of issue.
- If De Gruyter discontinues the service
Delivery times, return rules
- The delivery times mentioned in our General Terms and Conditions are not applicable to goods that are produced to this offer (Custom Book).
- All titles produced in accordance with this offer are excluded from the laws governing return of publications.
Data processing and data protection
Cf. our “Privacy Statement”.
- De Gruyter is entitled to amend these conditions from time to time, e.g. in order to comply with legal or regulatory requirements or following functional changes in our services.
Should the User be unable to agree with these conditions, he should cease use of the service forthwith.
General legal provisions
- In the event of conflict between these conditions for use and supplementary conditions for use or other conditions applying to specific offers, the supplementary conditions or the other conditions shall take priority.
- These Conditions for Use are governed by the law of the Federal Republic of Germany.
- Our General Terms and Conditions and General Licensing Conditions apply.