Article 1. General Subscription Terms and Conditions for ERB subscribers.
These General Terms and Conditions of Subscription apply to all offers of European Review of Books (ERB) and all Subscription Agreements. By concluding the Subscription Agreement, the Subscriber declares that they are familiar with and agree to these General Subscription Terms and Conditions.
The provisions of these General Subscription Conditions may only be deviated from by means of a written agreement between the ERB and the Subscriber. In that case, the other provisions of these General Subscription Terms and Conditions will remain in full force, in addition to the agreed deviation.
ERB reserves the right to change these General Subscription Terms at any time. Any amendments will be published on www.europeanreviewofbooks.com. The amended General Subscription Terms shall apply to all existing and future Subscription Agreements as of the effective date, even if they were concluded prior to the amendment of the General Subscription Terms.
Article 2. Description of the subscription:
The ERB offers individual subscribers the right to be provided with a periodically published Magazine and entitles the subscriber to access features and content of its online edition and the Digital Publications contained therein that are not available in the free sections of europeanreviewofbooks.com (the "Subscription"). Unless otherwise indicated, both the Magazine and Digital Publications consist of an unspecified number of publications.
The Subscriber will acquire access to the Digital Publications to which he is entitled under the Subscription Agreement by means of a login name to be provided by the ERB and a password to be created by the Subscriber via the ERB website.
If the Subscriber acts in breach of any provision of this Subscription Agreement or these General Terms and Conditions or fails to pay on time, ERB shall be entitled to block and maintain access to the relevant Digital Release, without prejudice to ERB's right to recover from the Subscriber any damage (including costs incurred) incurred by or in connection with the said breach.
A: Duration of cancellation and termination of yearly subscription
The Subscription Agreement is entered into for a definite period of time, namely for the agreed period of at least one year.
Subscriber is entitled to terminate the Subscription Agreement after the first year with a notice period of one month.
After the agreed period has ended, the Subscription Agreement will be tacitly renewed for periods of up to three months at the subscription rate applicable at that time, unless the Subscriber cancels the Subscription Agreement no later than one month before the end of the current subscription period.
Upon receipt of the cancellation by the subscriber, ERB will cancel the subscriber account and the subscriber will receive a pro rata refund for the remainder of the subscriber's subscription period.
B: Duration of cancellation and termination of monthly subscription
The Monthly Subscription Agreement is entered into for a definite period of time, namely for the agreed period of at least one month.
Subscriber is entitled to terminate the Subscription Agreement at any moment.
After the agreed period has ended, the Subscription Agreement will be tacitly renewed for periods of one month at the subscription rate applicable at that time.
Article 4. Amendment or Termination of Subscription
ERB reserves the right to modify or discontinue the Subscription (or any part thereof) temporarily or permanently with or without notice. The subscriber agrees that ERB shall not be liable to the subscriber or to any third party for any modification, suspension, or discontinuance of the Subscription.
Article 5. Fees and payments
In order to be able to use the Subscription, Subscriber must register and create an account. Subscriber agrees to pay the subscription fee at the conclusion of the subscription or by direct debit from his/her specified bank account or credit card.
To create an account with europeanreviewofbooks.com, the subscriber must provide europeanreviewofbooks.com with valid credit card information or information regarding the bank account from which subscription fees may be debited. By providing this bank or credit card information, the subscriber authorizes ERB to charge the subscriber account subscription fees to the credit card that the subscriber specified on the registration form or to debit the subscriber’s bank account by direct debit.
If a subscriber has reason to believe that an account is no longer secure (e.g., in the case of loss, theft, or unauthorized disclosure or use of an ID, password, credit card number or debit card number stored on the Subscription), the subscriber must immediately change the account’s password and notify ERB of the problem by sending an email notification to email@example.com, and, especially in the event of emergency, notifying ERB immediately.
ERB expressly reserves the right to change the subscription rates, among other things on the basis of the annual indexation. ERB will notify the Subscriber of a rate change in good time and by means of publication on www.europeanreviewofbooks.com/service. The amended Subscription rate will apply to all current Subscription Agreements as of the next payment period. If the rate change concerns an increase within three months after the conclusion of the Subscription, the Subscriber has the power to dissolve the agreement.
If a payment term is exceeded, the Subscriber shall be in default by operation of law and shall owe the statutory interest from the due date, calculated on the outstanding amount, and the costs arising from collection, both in and out of court, shall be borne by the Subscriber.
The reversal of an amount (automatically) collected by ERB does not discharge the Subscriber from his payment obligation.
Questions and complaints relating to invoices should be addressed to the ERB within eight days of receipt of the invoice at the latest.
Article 6. Non-transferability of subscriptions
The subscriber's right to use the ERB Site is personal to the subscriber only, and the subscriber may not sublicense, sell, or transfer rights to any third party without ERB's consent.
The Subscriber is not permitted to exploit or allow third parties to use the login combination that provides access to the Digital Release.
Article 7. Force majeure
In the event of force majeure on the part of the ERB, ERB shall have the right to suspend performance of the Subscription Agreement for as long as the force majeure situation continues or, at the option of the ERB, to rescind the Subscription Agreement in whole or in part. Force majeure shall be understood to mean any circumstance beyond ERB's control as a result of which fulfilment of its obligation(s) cannot reasonably be required from ERB, irrespective of whether such circumstance was foreseeable at the time the Subscription Agreement was concluded, including any technical malfunction.
If the force majeure situation on the part of the ERB continues for longer than two months, the ERB shall be entitled to rescind the Subscription Agreement in full or in part.
In the event of force majeure, the ERB will not be obliged to compensate the Subscriber for any costs or damage.
Article 8. Sponsors, third parties, advertisers, and links
ERB is free to include advertisements in its publications. These will be clearly identified as such. The ERB may provide, or third parties may provide, links to other Internet sites or resources. Because ERB has no control over such sites and resources, the subscriber agrees that ERB is not responsible for such external sites or resources. ERB shall not be responsible or liable for any damages caused by or in connection with the use of the Subscription of these third-party sites or services or the content of the information, goods or services made available by them. ERB shall not be liable for the accuracy or quality of any content, advertising, products, or other materials that become available to subscribers through such third-party sites or resources.
ERB uses third-party advertising companies to display certain advertisements when subscribers visit the ERB website. These companies may use aggregate information about subscribers' visits to this website in order to provide advertisements about goods and services that may be of interest to subscribers.
Article 9. Guarantees
The subscriber expressly understands and agrees that the use of the Subscription is at the subscriber’s own risk. ERB expressly disclaims all warranties of any kind, whether express or implied.
ERB gives no guarantee in relation to undisturbed use and/or unhindered access to the website and the Digital Publications for the Subscriber without prejudice to its best efforts to ensure as far as possible that the Subscriber can take note of the website and the Digital Publications in accordance with the Subscription Agreement.
Article 10. Downloading and copying
All materials on this site ("Online Material"), including, but not limited to, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, sound clips, video clips, software and other elements comprising Subscription, are protected by copyrights and other intellectual property rights owned and controlled by ERB or other parties that have licensed their materials to ERB.
Subscriber may download or copy the Online Material for non-commercial personal use only, provided subscriber maintains all copyright and other notices contained therein. The copying or storage of Online Material for other than non-commercial personal use by the subscriber is expressly prohibited without the prior written permission of ERB or the copyright holder identified in the copyright notice in the content. The subscriber is not permitted to remove, distort, or otherwise modify the content of this site. The ERB, europeanreviewofbooks.com, and other European Review of Books logos and product and service names are trademarks of the ERB.
Article 11. No waiver
The failure of the ERB to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Subscriber agrees that any claim arising out of or related to the use of the Subscription or the application of the Subscription Agreement must be filed within twelve months after such claim or cause of action arose.
Article 12. Letters to the editor and comments or material
Any comments, materials, or letters sent by subscribers to ERB regarding the site or its contents, including questions, comments, suggestions, criticisms and the like shall be deemed to be non-confidential and free from claims of proprietary or personal rights, unless subscriber explicitly states in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be disseminated. ERB shall have no obligation with respect to such received material and ERB shall be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the received material without limitation or restriction.
Article 13. Privacy
Article 14. Liability of ERB
Subscriber expressly understands and agrees that ERB shall not be liable for any damages resulting from the use of or inability to use the Subscription and any other matter related to the Subscription.
The subscriber is solely responsible for keeping the account’s password confidential and for all use of or activity with their europeanreviewofbooks.com account.
ERB assumes no responsibility or liability for the timeliness, deletion, misdelivery, or failure to store any user communications or personal settings, unless liability is compelled by law or the ERB Privacy Rules.
Subscriber may decide to correspond or enter into business transactions with third parties, such as sponsors or advertisers found on or through the Subscription, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such transactions. ERB bears no responsibility for such correspondence or business dealings of Subscribers with such third parties. ERB shall not be liable for any loss or damage that subscriber may suffer as a result of any correspondence or business transactions or interaction otherwise with such third parties.
Article 15. Limitation of liability
Subscriber agrees that in no event shall ERB's aggregate liability (cumulative or otherwise) to Subscriber under this Subscription Agreement exceed the amount of the annual Subscription Fee paid by Subscriber.
Article 16. Mandatory law
If one or more provisions of these General Subscription Conditions and/or of a Subscription Agreement is deemed to be in conflict with mandatory provisions, the provision concerned will lapse and ERB will replace it with a provision permissible by law which corresponds as far as possible with the purport of the lapsed provision.
Article 17. Applicable law and competent court
All Subscription Agreements and these General Terms and Conditions of Subscription are governed exclusively by Dutch law.
The competent court in Amsterdam shall have exclusive jurisdiction to hear any dispute arising from Subscription Agreements and/or these General Terms and Conditions of Subscription.