Terms of Use - TheResearchBrowser

Terms and Conditions of Use of TheResearchBrowser

Version 1.0, 23 June 2014 

We, Columbus Internet GmbH, MarienburgerStrasse 33, 10405 Berlin (hereinafter "Columbus" and "we"), have developed the application "TheResearchBrowser" which can be downloaded at www.theresearchbrowser.com and other domains or used online. TheResearchBrowser is an application to collect, store, compare and share information from the Internet. TheResearchBrowser enables users to digitally organize information collected from the Internet, compare the information, share their work, carry out communication and much more. TheResearchBrowser can be used and operated quickly, fully and easily on terminals throughout the entire world and on most conventional and current operating systems.

1 Scope: Who and what do these conditions apply to?

1.1

These Terms and Conditions of Use apply to your use of TheResearchBrowser with all content, functions, services and rules for the contractual relationship between you and us. General Terms and Conditions of Business of you will only become part of this agreement if we have explicitly agreed this in writing with each other.

1.2

We can agree additional Terms and Conditions of Use with respect to certain applications within TheResearchBrowser with you. However, we will inform you of such additional Terms and Conditions of Use in good time before you use them. 

1.3

We reserve the right to offer additional services. These Terms and Conditions of Use are aimed at both end-customers and companies. End-customers are natural persons who conclude legal transactions for a purpose, which can be ascribed neither to their commercial nor self-employed professional activities. Businessmen are natural persons, legal entities or legally capable partnerships, which exercise their commercial or self-employed professional activities when concluding a legal transaction.

2 Purpose of the agreement: Scope of TheResearchBrowser's offer

2.1

The purpose of this agreement is the use for a charge or use free of charge of the TheResearchBrowser application, which can be retrieved via www.theresearchbrowser.com as a web application or via desktop applications and corresponding mobile applications (hereinafter collectively: "apps"). All data are stored in the Cloud and can thus always be retrieved by various types of terminals or a web application. The form in which and on which terminals you can use TheResearchBrowser can be seen at www.theresearchbrowser.com. TheResearchBrowser provides the following for the use of various different applications:

2.2

We offer you an application that enables users to independently link up with each other. To do this we provide the technical requirements in the form of the applications. We are not involved in the link-ups or communication ourselves.

2.3

In future, external development partners will be able to offer applications/features via TheResearchBrowserthat you can integrate into your TheResearchBrowser profile. The development partner will determine the price for these applications/features. You will enter into an agreement for the use of these applications/features solely with the development partner.

2.4

TheResearchBrowser will be available to you for use ("system uptime") 24 hours a day, 365 days a year with a minimum 97% average availability for the year (hereinafter "SLA"). If maintenance work is necessary and if TheResearchBrowser is not available for maintenance reasons, we will inform you of this in advance as far as possible. Disruptions to TheResearchBrowser for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtime and, in particular, for downtime in which TheResearchBrowser cannot be accessed due to technical or other problems outside our area of influence, e.g. Acts of God, fault of third parties.

3 Registration, Concluding Contracts, Use of TheResearchBrowser: Rights and Responsibilities 

3.1 Downloading TheResearchBrowser

You can download TheResearchBrowser as a mobile app for various terminals in each app store.

3.2 Registration, Conclusion of a Contract

3.2.1

You can test TheResearchBrowser without registering. However, the test accounts may be restricted in terms of time and the range of functions.

3.2.2

To be able to use all the functions of TheResearchBrowser, you will need to register.

3.2.3

We offer you various registration options. You can decide for yourself which of these options you would like to log on with.

3.2.4

To register with TheResearchBrowser you must supply the required data truthfully and fully if these are not designated as voluntary details. You must give yourself a user-name and an email address at which we can contact you. After you have registered, we will send you confirmation of your registration via email together with these T&Cs. The registration process will not be completed until you have received this email ("Conclusion of Registration"). 

3.3 Concluding the Agreement

3.3.1

Mobile Apps. In the case of the mobile apps, you conclude an agreement for use with us when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.

3.3.3

There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all information and data given by you.

3.4

You may use all free features TheResearchBrowser free of charge. Use exceeding these features may incur charges if you become a premium user.

The application may limit access to certain features now or in the future. 

3.5

You are personally responsible for keeping your password confidential. That means that you must keep your password for accessing TheResearchBrowser confidential, not give it to anyone else, not permit or enable third parties to gain access to it and take the necessary steps to guarantee confidentiality. If these details are lost or misused or if you suspect that they have been lost or misused, you are obliged to notify us of this immediately via email at: theresearchbrowser@columbus-internet.com.

3.6 Rules for Using TheResearchBrowser

3.6.1

When using TheResearchBrowser you must observe all the relevant laws and other legal provisions of the Federal Republic of Germany. In particular, you may not enter and/or disseminate any data or content such as texts, images, graphics or links that breach the law or external industrial rights, copyright or other rights of third parties. You yourself are responsible for the data and content you provide. We examine the content neither for its correctness, nor for viruses, nor to determine whether it is technically possible to examine it for viruses.

3.6.2

You have the option of selecting pictures from websites and storing these on your device as part of a project. TheResearchBrowser servers do not store the pictures, but only the URLs you used to access them. If you share the project with another user, you are disseminating the URLs to these pictures. Only if these pictures are publicly accessible from the Internet in the region from where the other user is located, the other user will be able to store these pictures on their device.

You have the option of downloading pictures and - as required - other content into your profile. Before you download every picture, you are obliged to ensure that you are owner of the exclusive usage rights concerning the photo and that public access to the picture or other content do not breach the law, moral standards and/or the rights of third parties.

3.6.3

You may not use TheResearchBrowser to disseminate any content depicting violence or with pornographic, discriminatory, insulting, racist, slanderous or other illegal content or performances and/or make these latter publicly accessible. Pictures or photos with other people than you may only be fed into TheResearchBrowser if you have the consent of these people.

3.6.4

You and we can delete or replace the URLs to photos or other pictures at any time. In particular, we are entitled to remove the URLs to pictures or files, including without prior warning if and when there is good reason to believe that publishing them on TheResearchBrowser breaches the law, moral standards and/or the rights of third parties.

3.6.5

Content and texts posted on TheResearchBrowser may not be copied, disseminated or made publicly accessible in any other way without the consent of the owner of the rights unless this is permitted by law.

3.6.6

Acts of harassment such as sending chain letters or communications of a salacious or a sexual nature are not permitted.

3.6.7

It is forbidden to interfere with the functional capacity of TheResearchBrowser such as sending mass emails (spam), carry out hacking attempts, brute-force attacks, and use or send spy software, viruses or worms.

3.6.8

If you breach these rules, we will be entitled to issue you with a warning, temporarily block your use of TheResearchBrowser or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.

3.7 Indemnification

3.7.1

You will indemnify us from all claims, including damage claims, asserted against us by other users or other third parties, including public authorities, caused by breaches of their rights due to content placed on TheResearchBrowser. Furthermore, you will indemnify us from all claims, including damage claims, asserted against us by other users or other third parties, including public authorities,causedby breaches of their rights as a result of your use of TheResearchBrowser. You will bear all appropriate costs, including the costs incurred for legal defensecaused by your breach of the rights of third parties. All further rights and damages claims of ours will remain unaffected. You are entitled to provide evidence that we have in fact incurred lower costs.

3.7.2

The above-mentioned obligations will only apply if you are responsible for the breach of rights in question,in other words, if you have knowingly or deliberately omitted to exercise due diligence.

3.8 Data Backup

To the maximum extent permitted by law, the service is available "As Is."

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERESEARCHBROWSER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) THERESEARCHBROWSER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THERESEARCHBROWSER OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THERESEARCHBROWSER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF THERESEARCHBROWSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) THERESEARCHBROWSER'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (v) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (vi) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

3.9 Identity of users

We are technically not able to determine definitively whether a user registered on TheResearchBrowser actually has the identity he claims to have. We cannot therefore accept any guarantee of the correct identity of the users.

4 Instruction on Revocation

4.1 Instruction on Revocation for EU Consumers

Due to their inherent nature, the applications are not suitable for return, so that, in accordance with Section 312(d), Subsection 4, No. 1 of the German Civil Code, there is no right of revocation.

With regard to the agreement on the use of this service, you have, if you are a consumer with your normal place of abode or residence in the European Union, a legal right to revoke this agreement in accordance with the following instruction:

Right of Revocation

You can revoke your willingness to enter into this agreement within 14 days without giving any reasons in text form (e.g. letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, but not before the agreement has been formed or prior to fulfilling our information obligations in accordance with Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Law of the German Civil Code [EinführungsgesetzzumBürgerlichenGesetzbuch, EGBGB] or prior to fulfilling our obligations in accordance with § 312g (1), sentence 1 of the German Civil Code [BürgerlichesGesetzbuch, BGB] in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period it is sufficient to send the revocation in a timely fashion. The revocation must be sent to:

Columbus Internet GmbH
, MarienburgerStraße33, 10435 Berlin; 
theresearchbrowser@columbus-internet.com

Consequences of Revocation

In case of an effective revocation, any services received by the two parties need to be refunded and any benefits derived (e.g. interest) must be returned. You must pay compensation to us to the extent that you have received services and benefits (e.g. usage advantages) but cannot refund or return them or can refund or return them only in part or only in a deteriorated condition. This may cause you to fulfill your contractual payment obligations for the period up to the revocation nonetheless. Any obligations to reimburse payments must be met within 30 days. The time limit begins for you when you send your revocation notice and for us upon its receipt.

Special Notes

Your right of revocation expires prematurely if the agreement is fully fulfilled by both sides on your specific request before you have exercised your right of revocation.

End of Instruction on the Right of Revocation.

4.2

The above right of revocation does not apply to companies or end-customers that have their habitual residence or domicile outside the European Union.

5 Responsibility for Content

5.1

We accept no responsibility of any kind for the texts, content, images, data and/or information or for content on linked external websites entered or provided by you or other TheResearchBrowser users. In particular, we give no guarantee that this content is true, fulfills any particular purpose or can serve any particular purpose.

5.2

If you notice or suspect any illegal or non-contractual use of TheResearchBrowser, you can report this to us at any time via this email address:theresearchbrowser@columbus-internet.com.

6 Premiumaccounts

Certain functions are only accessible to users who have registered as premium users and who pay for premiumaccounts. You will find all the benefits and functions of the premiumaccounts at www.theresearchbrowser.com/premium. The followingterms apply to our commercial transactions with you when you purchase a premium account from us. You should carefully read through these commercial terms to understand your rights and responsibilities, as these commercial terms constitute a contract between you and Columbus Internet GmbH from which you are purchasing the premium account. By purchasing a premium account you agree to be legally bound by these commercial terms.

We may update these commercial terms from time to time. The commercial terms published on our site at the time you purchase a new premium account will apply to your transaction (a "commercial transaction"). Please be sure to review these commercial terms before you finalize any commercial transaction. If you do not agree to the changed commercial terms, you may cancel your premium account and/or elect not to enter into the commercial transaction. If you do not cancel the premium account within thirty days after you have learned of the change, or you proceed with any commercial transaction, you will be legally bound by the updated commercial terms.

6.1 Payment of Fees; Taxes

When you elect to purchase a premium account from us and enter a form of payment, you are agreeing with us that: (i) you will fulfill your obligation to pay for the premium account by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you for the premium account using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.

You agree to pay the charges for the premium account in the currency specified by Columbus Internet GmbH (or any payment processor from which you may purchase the premium account) when you enter into the commercial transaction and assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for a premium account may include certain taxes and delivery or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us you acknowledge that you are solely responsible for paying the tax or other charge.

Our prices for a premium account do not include any of the third-party fees you incur in connection with using a premium account including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for data services and any other third party applications or services with which you may use the premium account; you are responsible for selecting and managing these other services, and paying the fees for such services.

6.2 Changes in Fees

We may change the price of thepremium account from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of these changes by email to the address in your account information. Any increase in charges for the same premium account would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that premium account. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the premium account subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See "Cancellation" below for information on how you must cancel a premium account subscription.

6.3 Autorenewal

Columbus Internet GmbH accepts certain debit and credit cards as well as other forms of cash payment (e.g., Paypal transfers) as payment methods (each, an "Accepted Payment Method") for the premium account, subject to the procedures and rules contained in these commercial terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your premium account will be billed on the date of your purchase. Thepremium account you purchase renews automatically and you agree that we may process your Accepted Payment Method on each renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your premium account subscription, as applicable. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase. If your premium account subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), Columbus Internet GmbH will process your payment on the last day of such month. (This is what we mean by paying on an autorenewal basis.) See below for information describing what you must do to change your Accepted Payment Method.

6.4 Changes to Payment Methods and Account Information

You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If you're anTheResearchBrowserpremium account user, you may log in to your account through the TheResearchBrowser website, access your "Account Summary" from the Settings page and make the changes.

If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any premium account subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your premium account subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.

If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your TheResearchBrowser premiumaccount. If you are delayed with your payment obligation to a considerable extent, we will be entitled to terminate the agreement without notice. A considerable amount is defined as the amount of one payment. In this case, you will remain obliged to make these payments.

6.5 Costs of Collection; Credit Card Chargebacks 

In addition to the published fees for a premium account you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.

If you purchase a premium account with a credit card and then subsequently request your credit card issuer to reverse that payment, Columbus Internet GmbH is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional Content to your TheResearchBrowser account until such time as you reimburse us the amount of the fee we were charged by the card issuer and/or return the Product. 

7 Term of your licensing agreement and termination 

7.1 Free Use of TheResearchBrowser

7.1.1

The agreement on free use of the TheResearchBrowser apps is concluded for an indefinite period.

7.1.2

You can terminate the agreement at any time by selecting the "delete your account" option in the account settings, thereby deleting your account. On account deletion:

i) Any project where you are the only or last user will be deleted irrevocably and all content will be deleted from our servers.

ii) You will be removed from any projects you were a participant in.

We will inform you of this again separately before we delete your account.

7.1.3

We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).

7.2 Use of paid premiumaccounts

7.2.1

Depending on the premiumaccount payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term (hereinafter: "Minimum Term Agreements").

7.2.2

You may elect to cancel a premium account at any time. Any cancellation of a premium account will be effective as of the end of the then-current billing period except where we materially modify the Terms of Service, Privacy Policy during a billing period, and such modification adversely affects you (a "Terms Modification"). In the event of a Terms Modification, you may cancel your subscription for the premium account prior to the end of the then current billing period if we receive notice from you no later than thirty days after the effectiveness of such Terms Modification. Your notice must go to theresearchbrowser@columbus-internet.com and must identify your account and request cancellation of the specific premium account; the cancellation shall be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation, as detailed below.

If you desire to cancel your subscription for the premium account as of the end of the current billing period, you may do so by logging into your account through the TheResearchBrowser website, accessing your "Account Summary" from the Settings page and choosing "Cancel Subscription". If you are taking part in any trial period offer that converts into a paid premium account upon the expiration of the trial period, you must cancel the premium account prior to the end of the trial period in order to avoid incurring the charges for the paid premium account. If you are the authorized legal representative for a deceased or legally incapacitated individual or a legal entity that has been formally dissolved or otherwise ceased to be authorized to act for its own account (without opportunity for revival), and you wish to cancel a current premium account subscription for such individual or entity, you must notify us at theresearchbrowser@columbus-internet.com and identify the account in question and request cancellation of the premium account. We will cancel the premium account if you demonstrate to our satisfaction your legal authority to act and be legally responsible for such individual or entity and your ability to validate the details of the payment method used for the premium account.

7.2.3

On deletion of your account:

i)  Any project where you are the only or last user will be deleted irrevocably.

ii) You will be removed from any projects you were a participant in.

We will inform you of this again separately before we delete your account.

7.3 Other termination grounds

In addition, the agreement may be terminated for just cause. Just cause, which would entitle Columbus to terminate the agreement, will be if you breach your contractual obligations, in particular the rules of use described in No. 3.6 of these Termsand Conditions or if you are delayed with your payment obligations in accordance with No. 6.4.

8 Liabilities for defects

8.1

We are only liable for defects in TheResearchBrowser in accordance with No. 8 provided the impairments are not due to the restrictions in availability (SLA) described fully in No. 2.4.

8.2

A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.

8.3

You are obliged to inform us in writing or by email immediately of the occurring defect

8.4

You are not entitled to damages due to a defect to TheResearchBrowser already existing when you agree with the Terms and Conditions or occurring thereafter due to circumstances for which we are not responsible.

8.5

Further claims and rights other than those explicitly named in No. 8 due to defects to TheResearchBrowser will not be recognized if we are not liable to further compulsory legislative provisions.

9 Liability 

9.1 Free Use of TheResearchBrowser

Our liability for use of the free sections of TheResearchBrowser is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed characteristic, our liability will be restricted to the typical and foreseeable damage. Any further liability is excluded.

9.2 Use of the paid premiumaccounts


We will be liable as follows for use of the premiumaccounts made available for payment:

9.2.1

Claims by users for compensation will not be recognized. Exceptions are: damage claims by the user for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these T&Cs are those obligations that make the due performance of this agreement and the achievement of its objectives possible at all and on the compliance of which the user may therefore regularly rely.

9.2.2

Where essential contractual obligations are breached, we will only be liable for the foreseeable damage typical of agreements of this nature if this damage was merely caused negligently unless the damages claims by the user are based on death, physical injury or harm to human health.

9.2.3

Claims in accordance with the German Product Liability Act will remain unaffected.

9.2.4

The restrictions of No's 9.2.1 and 9.2.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.

10 Miscellaneous: Final provisions and amendments to the Terms and Conditions of Use 

10.1

The law of the Federal Republic of Germany applies.

10.2

If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms and Conditions of Use become effective or if your domicile or normal place of residence is unknown at the time legal action is brought, the sole place of jurisdiction all disputes arising from this agreement will be the location of our registered offices.

10.3

If individual provisions of these Terms and Conditions of Use are or become invalid and/or contrary to the provisions of the law, this will not affect the remaining Terms and Conditions of Use. The invalid provision will be replaced by the parties to the agreement by mutual agreement with a provision that comes as close as possible in law to the commercial purpose of the invalid provision. The abovementioned provision will apply correspondingly in the case of omissions in these provisions.

10.4

We reserve the right to amend and adapt these T&Cs with effect for the future. You can request the currently applicable version of the Terms and Conditions of Use via theresearchbrowser@columbus-internet.com or retrieve them at http://www.theresearchbrowser.com/Page/Info/term-of-use.aspx. You will be notified no later than one month before the planned entry into force of the Terms and Conditions of Use by email. If you do not object to the validity of the new Terms and Conditions of Use within one month before they come into force, you will be deemed to have accepted the new Terms and Conditions of Use. We will inform you separately in suitable form about the significance of the one-month notice period, your right to object and the legal consequences of silence. This amendment mechanism does not apply to amendments to the parties' main contractual obligations.