Terms of Service

1.
Definitions

  • Nextjournal: Nextjournal GmbH, Schinkestr. 9, 12047 Berlin
  • Users: customers of nextjournal.com
  • Terms and Conditions: general Terms and Conditions, this contract
  • Knowledge platform: scientific publication platform "Nextjournal", currently available under nextjournal.com, including all subdomains.
  • Digital scientific content: user-generated words and text, pictures, sound, music, data and software code (compiled and uncompiled).
  • Frontend: registered users can publish public and/or private digital scientific content via the frontend of the knowledge platform, alone or with other users.
  • Publishing: Digital scientific content is published, uploaded and downloaded by the user, copied, shared, discussed, edited, revised, used, evaluated, corrected, published or de-published by the user.

2.
Scope, Platform Operation

Short version: The terms and conditions apply to any type of use of nextjournal.com. Only the terms and conditions of Nextjournal apply, not those of the customer. Our customers can be natural persons or companies. Nextjournal does not produce content itself .

(1) The terms and conditions apply

  • For the free registration of customers on the knowledge platform (§ 3)
  • For the use of chargeable additional services (e.g. § 4)
  • For any other type of use of the knowledge platform
  • Technically: by directly calling up the page via a browser using the domain nextjournal.com or via other accesses (e.g. through an API, Slack, or through an app) or via partial presentations. This encompasses use of the software infrastructure on the backend and the operating, input, and programming interfaces on the frontend.

and all contractual and legal relationships between users and Nextjournal.

(2) The terms and conditions do not apply if separate terms and conditions of Nextjournal apply. Further contractual conditions placed on the user must be expressly agreed upon in advance.

(3) The platform is intended for a natural person and/or legal entities and partnerships. "Consumers," as addressed in these terms and conditions, is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity (§ 13 BGB). "Entrepreneur" is a natural person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity (§ 14 BGB).

(4) Nextjournal itself does not provide, directly or indirectly, the digital scientific content and Nextjournal is not the author of the digital scientific content that can be found on the knowledge platform. Nextjournal does not acquire any rights of use or exploitation of the digital scientific content, unless this is absolutely necessary for the execution of the contract (see § 6) . Nextjournal assumes no responsibility for the quantity, quality or other aspects of profiles and/or digital scientific content published by users. Nextjournal does not adopt the digital scientific content. The service of Nextjournal exists only in the technical operation and application of the knowledge platform.

3.
User Account, Public Workspace

Short version: To use Nextjournal, each user must open a free account. Natural persons must be at least 18 years old. When registering, a valid e-mail address must be provided. Content in public workspaces is public and visible to everyone.

(1) To use the knowledge platform, each user must open an account. The registration is free, there is no fee.

(2) The user opens up a user account by specifying a user name and providing a valid email address, thereby agreeing to these terms and conditions and the privacy policy. With the registration, a contract for the use of the knowledge platform ("basic contract") is concluded between Nextjournal and the user.

(3) Under the basic contract, digital scientific content on the knowledge platform is completely public. So they are visible to everyone.

(4) Users must be natural persons of age or legal entities and partnerships. Acting representatives must be a natural person of age.

4.
Private Workspace

Short version: Nextjournal provides a private workspace to users as a fee-based service. The content in private workspaces is not publicly visible unless the user has explicitly granted access.

(1) In addition to the public workspace, users can open a paid, private workspace on the knowledge platform. Users can control the access to the digital scientific content it contains. Edits can be made in private and then made available to other users or groups.

(2) Private workspaces can be allocated and paid for in accordance with §§ 8 and 9.

(3) § 6 applies to copyright issues in digital scientific content.

(4) If Nextjournal has reason to believe that any of the contents of a private workspace are illegal or violates these terms and conditions, Nextjournal has the right to access them, examine them, and remove them. In addition, Nextjournal may be under judicial instruction or otherwise legally required to disclose the contents of the private workspace.

5.
User Obligations, Community Guidelines

Short version: Users must follow some rules of conduct. Email and account information must be kept up to date and comply with the community guidelines.

(1) Users are liable for all activities undertaken with their user account. If the user is not responsible for the misuse of his user account because there is no violation of existing due diligence obligations, the user is not liable.

(2) The data provided in the user area, e.g. the name and surname, the current address, a valid e-mail address and, if applicable, the company and a representative, must be complete and correct. Changes must be entered immediately. Correct payment information is required for paid services.

(3) Nextjournal has a limited capacity to check the data provided by the user during registration for correctness or errors. The identification of persons on the internet is only possible to a limited extent. Users are responsible for confirming the identity of other users to the extent necessary. Violations should be reported to Nextjournal.

(4) In order to enable a high quality level on the knowledge platform, users should report digital scientific content which does not correspond to reality or is offensive or defamatory in nature (see our Code of Conduct) via Intercom to the Nextjournal team.

(5) The user may not misuse the knowledge platform; in particular, they may not use, copy, or save the digital scientific content outside the manner of use and rights outlined in § 6.

6.
Copyright and Usage Rights

Short version: You retain the rights to the content you create but give Nextjournal the necessary rights to display and share your content on the knowledge platform. You retain control and responsibility over/for your content, depending on the workspace type. Nextjournal has the right to remove content or close accounts when appropriate and necessary.

(1) The digital scientific content published on the knowledge platform is legally protected, in particular by copyright and ancillary copyright.

(2) The user alone is responsible for the content and any damage resulting from the digital scientific content posted, uploaded, linked, or otherwise made available through the Platform. This applies regardless of the form of the content. Nextjournal is not responsible for the public presentation or misuse of digital scientific content.

(3) Nextjournal does not pre-check content, but has the right (but not the duty) to refuse or remove any content that violates these Terms.

(4) Content ownership, publishing, and licensing rights are regulated as follows:

  • The user retains ownership and responsibility for content they create or own ("User Content"). If the user publishes something they have not created themselves, or does not own the rights to use and exploit, the user agrees that they are responsible for all content. The user must only submit content they are authorized to publish and it must fully comply with all third-party licenses in respect of the published content.
  • Since you retain ownership and responsibility for your content, you must give us - and other Nextjournal users - specific legal permissions, which are listed in the following paragraphs. These license terms apply to your content. If you upload content that already comes with a license that grants Nextjournal the permissions we need to run our platform, no additional license is required. Users accept that you will not receive any compensation for any of the rights granted in sections D.4 - D.7. The licenses you give us end when you remove your content from our servers, unless other users have remixed or transcluded it.
  • We need the legal right to undertake certain actions, such as hosting, publishing, and sharing your content. You grant us and our successors the right to store, analyze, and display your content and, if necessary, make copies to create the website and provide the service. This includes the right to do things like copying to our database and making backups, showing it to you and other users, analyzing it in a search index, or otherwise parsing it on our servers, sharing it with other users, and executing it if your content is something like music, video, or runnable code. This license does not give Nextjournal the right to sell or otherwise distribute your content or use it outside of our service.
  • Licensing to Other Users: any user-generated content you publicly publish, including topics, comments, and contributions to other users' content, may be viewed by other users. By setting up your repositories to be viewed publicly, you agree that others may view and "split off" your content (which means that others may create their own copies of content from your content in content they control) via remix or transclusions.
  • If you make your pages and repositories publicly available, you grant each user of Nextjournal a non-exclusive, worldwide license to use, display, and execute your content through the knowledge platform and to duplicate content solely on the knowledge platform, as through the functionality is allowed by Nextjournal (e.g. by remixing or transcluding). You may grant additional rights when you accept a license. If you upload content that you have not created or own, you are responsible for ensuring that the content you upload is licensed under conditions that grant other rights to Nextjournal users.
  • Posts Under Repository License: whenever you contribute to a repository that contains a reference to a license, you license your contribution under the same terms, and you agree that you have the right to submit your contribution under these terms to license. If you have a separate agreement to license your contributions under other conditions, such as Contributor Agreement, this Agreement will supersede the Agreement.

7.
Copyright Infringements Exemption

Short version: The user, not Nextjournal, is fully responsible for any third party claim of copyright violation levied against their content.

(1) The user exempts Nextjournal from any third party claims of copyright infringement due to digital scientific content published by the user on the knowledge platform as outlined by these Terms and Conditions. This includes other statements and any other possible use or behavior on the knowledge platform. The user assumes all costs incurred for the necessary legal defense of Nextjournal including all legal fees and legal costs.

(2) Every condition in paragraph 1 explicitly does not apply if the infringement is not the user's responsibility.

(3) In the case of a third party claim of infringement, as described in paragraph 1, the user and Nextjournal are mutually obliged to provide prompt, truthful, and complete information required for the examination of the claim and any subsequent defense.

8.
Paid Services, Payments

Short version: Additional services are provided for a fee. Users will need a separate Stripe account to conduct financial transactions.

(1) Nextjournal provides additional services on the knowledge platform via one or more fee-based user contracts ("fee-based usage contract").

(2) The type, scope and duration and fees/prices of the additional services are described in more detail on the knowledge platform. As a rule, additional services are offered in the subscription model.

(3) All fees stated on the knowledge platform for additional services include the legal value added tax and any legally required local taxes, thus the stated fees are the final total.

(4) The user can purchase additional Nextjournal services via the online form on the knowledge platform.

(5) After having selected the fee-based service and has completed the electronic order process, the user agrees to a legally binding contract when they click on the final button to process the transaction. Acceptance of the contract is with respect to the fee-based service selected.

(6) The user fee shall become due immediately upon provision of the service, unless otherwise stipulated below.

(7) If the service is booked in the subscription model, the payments will be invoiced monthly at the beginning of each billing month and are due immediately, unless otherwise stipulated in the invoice. The first billing month starts on the day the contract is concluded and ends on the same day of the following calendar month (e.g. 15 March to 15 April).

(8) The payment of the fees can only be made by the payment options offered by Nextjournal. These can be found in the current status on nextjournal.com. Stripe is the currently the only payment option (terms of payment and contract: https://stripe.com/us/privacy).

(9) In the case of payments in countries outside the European Union, further costs may be incurred in individual cases, which Nextjournal is not responsible for and which must be borne by the user. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate charges).

(10) The user only has the right of set-off if his counterclaim against Nextjournal has been legally established, is undisputed or acknowledged. The right of retention, in particular the objection of the unfulfilled contract, remains unaffected.

(11) In case of late payment, the legal regulations apply. In the case of blocking due to significant breaches of the agreed upon terms in accordance with § § 5, 7 the obligation to pay and the assertion of further claims due to default of payment persist.

9.
Term and Termination

Short version: Free accounts can be terminated at the end of the month. Chargeable accounts have different terms and can be terminated at the end of the term.

(1) The basic contract may be signed by both parties and may be terminated at the end of each month. In the event that a fee-based license agreement has been concluded, the basic contract may be terminated according to the terms respective to the fee-based license agreement.

(2) For additional services, the fee-based usage agreement has the term specified in the respective service description. It is automatically extended by the term specified in the service description, unless it is terminated at the end of the contract as specified in the service description.

(3) The user is not entitled to a full or proportionate reimbursement of fees if he wishes to terminate a chargeable user contract before the end of the reference period. This does not apply if the user is entitled to extraordinary termination under paragraph 6 and if he has declared the termination effective or if he has effectively revoked the contract.

(4) If Nextjournal terminates the contract before the expiry of a reference period without the user being responsible for the termination, the user will receive a refund of the fees already paid for the reference period pro rata to the remaining days.

(5) Terminations must be made in text form (e.g. by e-mail, fax, letter). They can also be triggered by the user via the user account.

(6) The right to extraordinary termination for good cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or expiry of a period of notice.

10.
Cancellation

Consumers (see § 1 Abs. 4) are entitled to a right of withdrawal when booking services. Further information on the right of revocation results from the cancellation policy of Nextjournal. The right of revocation does not exist if it exceptionally prematurely expires at the request of the consumer. Consumers are fully informed of the possibility of expiration in the ordering process of the subscription.

11.
Support and Contact

Nextjournal is accessible via: Nextjournal GmbH, Schinkestr. 9, 12047 Berlin or via e-mail at team@nextjournal.com.

12.
Warranty and Liability

Short version: Nextjournal provides the knowledge platform as is, and we make no promises or guarantees about the knowledge platform. If Nextjournal does not fulfill the contract properly, the normal regulations of German law apply. For certain situations, the liability of Nextjournal is limited.

(1) Nextjournal provides the knowledge platform “as is” and “as available,” without warranty of any kind. Without limiting this, Nextjournal expressly disclaims all warranties, whether express, implied or statutory, regarding the knowledge platform including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

(2) Nextjournal does not warrant that the knowledge platform will meet your requirements; that the knowledge platform will be uninterrupted, timely, secure, or error-free; that the information provided through the knowledge platform is accurate, reliable or correct; that any defects or errors will be corrected; that the knowledge platform will be available at any particular time or location; or that the knowledge platform is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the knowledge platform.

(3) In case of liability for defects, the legal regulations apply.

(4) Nextjournal is liable without limitation for personal injury. Nextjournal shall only be liable for other damages if Nextjournal or one of its vicarious agents has an essential contractual obligation (i.e. an obligation whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes the achievement of the purpose of the contract, and whose compliance the user regularly trusts "cardinal obligation") or if the damage is due to gross negligence or intent of Nextjournal or one of its vicarious agents. If a culpable breach of a material contractual obligation (cardinal obligation) is not caused by gross negligence or intent, the liability of Nextjournal is limited to typical damages which were reasonably foreseeable at the time the contract was concluded. This limitation of liability applies to contractual and non-contractual claims. The liability due to mandatory legal regulations remains unaffected.

13.
Privacy

Privacy policy can be found in the Nextjournal privacy statement published on the website.

14.
Final Provisions

Short version: nextjournal.com is operated by a company in Berlin, Germany. German law applies. The Terms and Conditions can be changed by Nextjournal.

(1) The law of the Federal Republic of Germany applies excluding the UN sales law. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contract and these terms and conditions between the user and Nextjournal is the location of Nextjournal. This expressly does not apply to consumers.

(2) For users who are consumers, a jurisdiction exists at the respective place of residence of the user. For all disputes arising from the contract and these Terms and Conditions, additional jurisdiction for consumers resident in Germany, the domicile of Nextjournal.

(3) Nextjournal reserves the right to change these Terms and Conditions. Nextjournal sends the user the changed conditions to the e-mail stored in the account. The amended Terms and Conditions shall be deemed accepted if the user does not object in writing or in text form within six weeks after receipt of the e-mail and has informed Nextjournal in the e-mail about this fact.

(4) When opening a user account, the text of the contract is stored by Nextjournal. The user receives this with the Terms and Conditions in text form by e-mail.

(5) Prior to the binding submission of an order via the online order form, the user can correct their entries on an ongoing basis. All entries before the mandatory delivery of the order in a confirmation window and can be corrected there.

(6) The contract is concluded in German/English.

(7) Order processing and contacting take place by e-mail and automated order processing.

15.
Questions

Questions about the Terms of Service? Contact us.

As of: September 2018