Terms and Conditions
Terms and Conditions for Direct Selling in the Online Shop at http://store.academicfp.com
1. Definitions, Scope of Application
The following Standard Terms and Conditions apply to use of the Online Shop at http://store.academicfp.com (“Online-Shop”), to purchase contracts concluded at the Online Shop, and to all related services provided by Academic Forensic Pathology Incorporated (“AFPi”). As used in these Terms and Conditions, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print products at the Online Shop. Any terms of business laid down by the Customer, which diverge from these Terms and Conditions, shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless AFPi has expressly confirmed it in writing.
When you access, view, submit, or use the software, articles, content, material, or services available on or through the Online Shop you agree, on behalf of yourself, any company or organization on whose behalf you actually or allegedly act, and any individual that receives access to the Online Shop through you, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Online Shop and must exit immediately. Any violation of these Terms and Conditions or other act or omission by any person that obtains access to this Online Shop through you that would be a breach of these Terms and Conditions if committed by you is deemed a breach of these Terms and Conditions by you for which you shall be responsible.
In the Online Shop, AFPi offers books, PDFs of individual journal articles, PDFs of full issues, subscriptions and conference registrations for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop. After placing an order, Customers can download and store articles and full issues in PDF format.
2. Content and Limitations on Use
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by AFPi and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any AFPi server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. AFPi may at any time exercise editorial control over the Content of the Site.
You may not, without the approval of AFPi, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
3. Technical Requirements for Using Digital Content
3.1 For using digital content and in particular for reading and storing the PDF articles and issues, the Customer needs normal Internet access and a program for viewing PDF documents.
4. Use of the Online Shop
Customers wanting to place orders at the Online Shop must first of all register to use the Online Shop. At all times, basic requirements for registering are that the Customer is of age and that he or she has full legal capacity. The personal data requested during registration must be given correctly. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop. On sending off the completed registration form, the Customer submits a proposal to conclude an agreement on accessing and using the Online Shop. The Customer is then sent a confirmatory email containing his or her personal access data. This confirmatory email constitutes AFPi’s acceptance of the Customer’s proposal. An agreement on use for the On-line Shop is thus brought about. AFPi is entitled to turn down individual registrations for the Online Shop without stating any reasons.
5. Access Data
The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If he or she gains knowledge or even a mere suspicion of any misuse of access data, the Customer must immediately report this to AFPi. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorization. The Customer’s liability shall only lapse when he or she informs AFPi about the unauthorized usage or loss of access data, and after the password has been altered if necessary. In the event of any breach of these Terms and Conditions of use, in particular
- if wrong data is provided during registration, and/or
- if access data (esp. the password) is disclosed without authority to do so,
AFPi shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally refuse the Customer access either with immediate effect or after a period of notice fixed at AFPi’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without AFPi’s express prior approval.
6. Purchase of Print Products and Digital Content
6.1 The Customer can order individual issues and articles of Academic Forensic Pathology as PDFs and can also take out subscriptions, by clicking on the relevant shopping cart button provided for the goods on offer, and by then completing the order process. When the Customer clicks on the “Order Now” button, he or she submits a proposal to conclude the relevant contract. As opposed to distance contracts in other areas, the Customer does not have any cancellation right when purchasing digital content (PDFs) and subscriptions even if he or she places an order in a consumer capacity. When buying print products other than PDFs, the Customer has the following cancellation right:
You may cancel your declared intention to conclude a contract within 14 days in text form (e.g. by email) without stating the reasons, or – if the item is put at your disposal before the set period expires – by sending back the item after completing a return request form and obtaining a RMA number. The period allowed shall commence on receipt of this Cancellation Policy in text form, not however before the goods have been delivered to the recipient (in the case of recurring deliveries of similar items, not before receipt of the first delivery). In order to meet the deadline, it is sufficient to send off the cancellation notice before the period expires.
The cancellation notice must be sent to: firstname.lastname@example.org
Consequences of Cancellation
Provided cancellation is effective, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be surrendered. Items that can be sent by parcel post are to be returned at our risk. You have to pay the standard cost of returning the goods if the items ordered were delivered correctly. Otherwise, returning items shall be at no cost to you. Any obligations to refund payments must be honored within 30 days; for you, the period allowed commences on the date you send us your cancellation notice or dispatch the item; for us, the period allowed commences on the date we receive said cancellation notice or the returned item.
7. Terms of Delivery for Print Products
Books, and other print products shall be dispatched to the Customer. Shipping is free within continental North America. Customers outside of this area are responsible for shipping and handling fees. During the order process the Customer’s attention is expressly drawn to this fact and to the estimated shipment costs payable using the UPS shipping quotes feature on the website. On exercising the cancellation right, the Customer has to pay the standard cost of returning the goods if on the date of cancellation the Customer has not yet effected counter-performance or not yet made a part-payment agreed in the contract, unless the items ordered have not been correctly delivered.
8. Delivery of Digital Content
Individual articles and full issues of the Journal are delivered in PDF format. For delivery purposes, the Customer can click on a button on AFPi’s website after contract closure, which triggers the downloading of the respective PDF file. AFPi reserves the right to discontinue distributing individual PDFs in the event of any violation of copyright or for other important reasons. The customer is entitled to up to 5 downloads of an individual product before that item must be purchased again if they want to download another copy.
9. Subscription Periods
The various subscriptions are always for a specific period. The subscription periods available are stated in the respective display of each item. On the one hand, they are not therefore automatically renewed if the Customer fails to actively give notice; on the other however, they cannot be routinely cancelled either. Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for important cause. Notification of any such termination must be issued in writing.
10. Prices, Terms of Payment
11. Rights of Use for Digital Content
Digital content shall be delivered to the Customer in PDF format. The PDF is exclusively permitted for the Customer’s own purposes. If the Customer downloads a PDF document, the file may be stored on the end device used solely by the Customer personally, i.e. one copy may thus be made. The Customer is prohibited from engaging in any other or more extensive types of use and exploitation. Thus the following in particular are not permitted: making additional copies of the PDF, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the PDF and publishing or exploiting the item thus made; passing on the PDF to third parties, or lending it out or otherwise circulating it; and making the PDF publicly accessible or sending it to third parties. This also covers use in an intra- or extranet. Subject to the statutory restrictions laid down in copyright law, this shall apply irrespective of the purpose of use or exploitation, and irrespective of the form or embodiment of the PDF at the actual time. Moreover, it shall apply not only to the PDF in its entirety, but also – subject to the statutory restrictions laid down in copyright law – to all the individual articles, photographs and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.
AFPi reserves the right to mark the Customer’s PDF with the Customer’s name and email address, using an electronic watermark. Moreover, to prevent misuse, AFPi reserves the right to mark the PDF and individual content items by other means that are not necessarily evident to the Customer. Finally, AFPi reserves the right to equip the PDF with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights. AFPi reserves the right to block access to the Customer’s PDF(s) if the Customer has acted in breach of the above, or has enabled third parties to use or exploit a PDF or parts thereof without authority to do so.
Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any AFPi published works, images or other material should be directed to email@example.com.
12. Disclaimer of Warranties and Liability
Neither AFPi nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site.
The site and all content, products and services included in or accessible from the site are provided "as is" and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and noninfringement and the implied warranties of the merchantability and fitness for a particular purpose), all of which AFPi disclaims to the fullest extent permitted by law your use of the site and its content, products and services is at your sole risk.
AFPi or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user materials, the site materials, the services, products, information and other materials on and in and made available through the site, regardless of legal theory, whether or not AFPi had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. under no circumstances will the total liability of AFPi and its licensors to you or any other person or entity in connection with, based upon, or arising from the site, the site materials on, in, and made available through the site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding six months for use of the site. some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. if any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of AFPi and its licensors shall not exceed ten dollars ($10).
You hereby agree to indemnify and hold AFPi, its directors, officers, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to AFPi), or any breach by you of these Terms and Conditions and shall indemnify and hold AFPi Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of AFPi.
AFPi or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If AFPi or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to AFPi, subject to the right of AFPi to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
14. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and AFPi with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Alberta, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law. By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in Calgary, Alberta and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
15. Terminating the Account for the Online Shop
The Customer may give notice terminating the agreement on use for the Online Shop at any time. Notice may be sent by email to firstname.lastname@example.org or declared in writing and sent by post. After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop and shall therefore no longer be able to access any PDFs ordered. Unused amounts under an on-going subscription taken out by the Customer shall not be refunded. Both parties reserve the right to give extraordinary notice for important cause.
16. Data Protection
17. Material Provided to Us or Posted On or Through the Site
We do not claim ownership of any content, application or other material that you or third parties provide to us (including reviews, feedback and suggestions) or post, upload, input or submit on or through the Site, for review by the general public, registered users of the Site or by the members of any public or private community ("Submission") and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
18. Systems Reliability
AFPi aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, AFPi shall not be liable for lost altered, or corrupted information or non-availability of the Site.
19. Corrections and Changes
AFPi may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, at any time, and without prior notice. AFPi reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions.
AFPi reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.