2. Essential Features of vetsXL
The portal can be accessed via www.vetsxl.com and www.myvetsxl.com. vetsXL is a veterinary knowledge and exchange platform with the option of using qualified veterinary contents and for recording, provision and transmission of materials such as examination results, image and video data, product information, texts and other contents for other users defined by the user and for participation in forums, blogs and other interactive services set up on the portal.
The service will be updated by VetZ at regular intervals. VetZ reserves the right to modify the services offered on the platform or offer deviating services unless this is unreasonable for the user. VetZ does not take responsibility for the contents made available by the user (legality, correctness and completeness).
For some services of the portal a user fee will be charged, which will be explicitly pointed out before use of the respective service unless a separate agreement has been taken out with the user.
3. Conclusion of the Contract and Access to the Portal
The user has no right to be admitted to the portal. VetZ can refuse acceptance of the service constituted by sending the registration form without stating reasons.
3.1. Identification and Registration
Using the services on vetsXL is subject to the prior registration of the user and the assignment and activation of the required log on credentials, in particular a user name and an associated password which the user is free to choose during registration. Access to vetsXL however is limited to the groups of persons listed under Article 2, paragraph 2.
The user warrants that the personal data he provided in the scope of his registration - in particular first and last names, address, e-mail address and his belonging to the groups of persons specified under Article 2, par. 2 - is true and correct. The user has the obligation to report any change of his data without delay.
3.2. Use of the Log On Credentials, Access to vetsXL
After his successful identification and registration the user will in the closed area of vetsXL be given access to various free and fee-based contents of vetsXL by entering his log on credentials on the vetsXL welcome page. Details on the areas subject to charges result from the portal and the explanations given there.
3.3. Confidentiality of the Log On Credentials
The log on credentials are intended exclusively for the personal use of the user concerned. The user shall not pass on the data - in particular his password - to third parties, not even to members of his family or colleagues.
The user shall have the obligation to keep his log on credentials, in particular the password, secret at any time and prevent unauthorized use of vetsXL by third parties. If the user becomes aware of an abuse of the log on credentials or even has a suspicion of this, he shall notify VetZ of this fact without delay. In case of abuse or suspected abuse VetZ is entitled to block access to vetsXL immediately. The user shall be liable for all consequences of use by third parties if the abuse of the log on credentials is attributable to him. The user shall be responsible for the abuse in particular even if he made unauthorized use of the log on credentials possible by negligence. His liability shall end only if the user notified VetZ in writing (for the Contact, refer to the Imprint) about the unauthorized use and changed his password, if necessary.
3.4. Termination and Withdrawal of the Access Authorization
The access authorization shall become automatically void when the user no longer belongs to the admitted group of persons specified in Article 2, par. 2. The user shall have the obligation to notify VetZ immediately about the oncoming or already completed changes.
In turn the user can terminate his registration at any time by a written notice and terminate the agreement on the use of vetsXL and the assigned log on credentials by submission of a simple explanation text or by deletion of his profile in the portal.
4.1. Purpose of Use
The user shall use the veterinary contents made available by other users exclusively in the scope of his own veterinary or other related activity specified in Article 2, par. 2 and exclusively in the scope of the respective purpose of the agreement.
Moreover, the purpose of use, unless resulting otherwise from the respective contractual relationship, shall be limited to the user's own veterinary further education and the exchange of opinions and experience with other registered users. The contents shall be made available for read-access by the user and for printing individual keywords or text excerpts.
The purpose of use and/or participation in provided forums, blogs and other services is restricted to the exchange of opinions and experience with other registered users.
Offering services or goods on vetsXL, systematic collection and combination of contents regardless whether provided by VetZ or other users and the transmission of such contents or compilations to third parties is prohibited without the express consent of VetZ.
4.2. Provision of Materials by the User
For various services offered on vetsXL, the user has the option to upload his own materials (e.g. examination results, image and video data, texts, product information) on the vetsXL portal or to record these there and make them available for all portal users or individual users selected by the user for specific purposes. The user shall be solely responsible for the contents of these materials. The user shall indemnify VetZ and its organs and employees from any and all possible third party claims, in particular claims for the violation of copyrights, design patent rights, trademark and/or personal rights in conjunction with the materials transmitted by the user. The user shall also warrant that the content of the materials does not violate any public and official rights, in particular criminal laws. VetZ reserves the right to interrupt the online publication of user materials if it suspects a violation of rights of third parties or a violation of public and official provisions, in particular criminal laws.
The user shall grant VetZ a single right of use unlimited in terms of territory, time and contents of the content entered by the user (e.g. images, contributions, comments, coordinations, evaluations).
VetZ shall have no obligation towards the user to verify the user's materials for potential violations of this kind or in any other way.
Regardless of the stipulations above, VetZ reserves the right to delete the materials transmitted by the user upon expiry of a defined term.
5. Responsibility for Contents, Deletion of Contents
VetZ shall not assume any responsibility for the currency, completeness or quality of the contents made available by the users on vetsXL. The responsibility for the contents made available by the respective user rests solely with him.
VetZ shall not assume any responsibility for the contents of websites linked by users and websites linked to vetsXL.
The user shall ensure that the contents of his contributions including possible links to other internet sites does not violate or infringe statutory limitations, morality and third-party rights (trademarks, rights to a name, copyrights, data protection and personal rights, etc.) and shall be liable towards VetZ for compensation of all and any damage resulting therefrom. The user undertakes to indemnify VetZ in such case from possible claims of third parties resulting from such violations including the statutory costs of litigation.
6. External Providers
If and insofar as also goods and service offers of third-party companies are integrated on or via vetsXL, the agreements on the obtainment of such services shall come into force exclusively between the user and the respective provider.
7. Data Protection
VetZ is aware that a particular sensitive handling of all personal data submitted by the users to VetZ is of particular importance for the users. Hence VetZ observes all relevant statutory data protection regulations (German data protection laws, European data protection regulations and any other applicable data protection law).
VetZ will collect, store and use personal data only for the purpose of the respective agreement implementation.
Without authorization VetZ will not pass the personal data of the users on to third parties or make it known to these, especially not pass them on to third parties for marketing purposes without the prior explicit consent of the user.
Personal data will neither be transmitted to third countries outside the EU nor is this intended.
Right of Objection:
You can object the usage and processing of your personal data at any time by a notice of any form by mail to the Veterinärmedizinische Dienstleistungszentrum (VetZ) GmbH, Sattlerstraße 40, D-30916 Isernhagen or by e-mail to firstname.lastname@example.org.
8. Storage and Data Backup
The user undertakes to back up data and information relevant for him against loss, damage and modification at regular intervals on a level which is appropriate for the significance of the data.
If users will make available contents and materials for defined other users or place it in discussion forums or provide consultation as experts for a specific area of expertise, this is contents for which the users concerned are solely responsible. Hence VetZ only makes available the medium in technical terms and shall not be responsible for accuracy, correctness or reliability of such contents. VetZ shall in particular not be liable for loss or damage resulting for the user from his trust in such information. If loss of data results in damage to the user, VetZ shall not be liable therefor regardless of a possible participation if such damage could have been averted by appropriate, periodical and complete backup of all relevant data by the user (cf. Article 8).
Apart from that, VetZ shall be liable in compliance with the statutory requirements for such damage of the user caused with intent or grossly negligent, which is the consequence of the absence of a warranted feature of the contractual object resulting on the basis of a culpable violation of essential contractual obligations (cardinal obligations), which are the consequence of a culpable violation of health, body or life or which are intended for the liability in compliance with the Produkthaftungsgesetz (German Product Liability Act). Cardinal obligations are such contractual obligations which have to be fulfilled to only create the basis of the proper implementation of the contract and the compliance to which the party to the contract may ordinarily rely on and the violation of which by the other party will endanger achievement of the purpose of the agreement.
In case of violation of a cardinal obligation, the liability – unless the damage is only caused by slight negligence and does not concern injury to life, limb or health – shall be limited to such damage which can typically and foreseeably be expected in the scope of rendering the services subject to the contract. For the rest, the liability of VetZ and also its vicarious agents shall be excluded irrespective of the legal basis.
The design of this website as well as the texts, graphics, layouts, images, videos and databases are protected by copyright or subject to other laws on the protection of intellectual property. The services of this website must not be interpreted such that thereby implicitly a license of a copyright or any other protective right is granted by estoppel or any other way.
12. Final Provisions
Exclusive venue for all and any disputes resulting from the use of vetsXL is Hannover if the user is a merchant. The law of the Federal Republic of Germany shall be exclusively applicable.