www.apress.com
Terms and Conditions
1. Definitions, scope of application
1.1 These Terms and Conditions govern the contractual relationship between Springer Nature Customer Service Center, LLC, 200 Hudson Street Suite 530 Harborside 2 Jersey City, NJ 07302, U.S.A., phone + 1 212 460 1500, fax: +1 212 460 1700, email: customerservice@springernature.com (for customers domiciled or established in North America, Central America, South America, and the Caribbean) or Springer Nature Customer Service Center GmbH, Europaplatz 3, 69115 Heidelberg, Germany, phone +49 6221 345 4303, fax: +49 6221 345 4229, email: customerservice@springernature.com (for customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia) (“SNCSC”) and a customer registered at apress.com (“Customer”).
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print products at the Online Shop.
1.3 By Customer’s registering on apress.com, Customer and SNCSC hereby agree to be bound by and comply with these Terms and Conditions (also referred to as the “Agreement”). Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Springer has expressly confirmed same in writing.
2. Description of the Platform
Apress is a technical publisher devoted to meeting the needs of IT, computing and business professionals, software developers, and programmers. On the website apress.com (also referred to as the “Platform”), SNCSC sells print books and provides access to the current and past eBook content published by Apress, Springer, and Palgrave (the eBooks available on apress.com are hereinafter referred to as “Apress Content”) through a number of purchase options, and a package called an Apress Access subscription, which gives access for a set time period to all Apress eBooks on the website. These Terms and Conditions govern the conditions on which Customer can purchase print books, Apress Content or an Apress Access subscription.
3. Registration and user account on Apress.com
3.1 In order to purchase print books, Apress Content or an Apress Access subscription, Customer must register; thereby creating a user account.
3.2 Customer must be of age or have full legal capacity.
3.3 By sending off the completed registration form, Customer is submitting a proposal to conclude an agreement on accessing and using the Platform. Subsequently, Customer will be sent a confirmation email containing his or her personal access data. This confirmation email constitutes SNCNC’s acceptance of Customer’s proposal. SNCSC does not store the contract document and it is not accessible to Customer.
3.4 SNCSC turn down individual registrations without stating any reasons.
4. Selection of Products and use of account
4.1 After registration, Customer must select the products that he/she wishes to purchase by clicking on the relevant shopping cart button provided for the relevant products and enter his/her contact information and payment information.
4.2 By clicking on the “Buy now” button, the Customer submits a proposal to conclude the relevant contract. SNSCS accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Springer is under no obligation to accept the Customer’s proposal. Springer’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order unless other provided for below. Each type of product is discussed separately below.
4.3 Customer is solely responsible for maintaining the confidentiality and security of the account and for all activities that occur on or through the account. Customer agrees to immediately notify SNCSC of any security issues of the account which the Customer becomes aware of. SNCSC shall not be responsible for any losses arising out of the unauthorized use of the account. Customer furthermore agrees to provide only accurate and complete information when registering with the Platform and to regularly update the registration data.
5. Purchase of eBooks (“Purchase”)
5.1 The Apress website offers the possibility of purchasing eBooks.
5.2 For purchases of eBooks, a contract for sale is formed between Customer and SNCSC when Customer places an order. After the order has been placed, the purchased eBook will appear in Customer’s “Your eBooks” section of his/her Apress account. Customer can then download the eBook and keep it on his/her device(s) for his/her personal use only. Only Customer can view the purchased eBook.
5.3 After the order is confirmed, it will be processed electronically and it is not able to be cancelled (but see Section 13 for the right of withdrawal).
5.4 No refunds or exchanges will be given on eBooks unless a supplied file is faulty or Customer is unable to download. Should any technical issues arise, Customer can contact Customer Support (customerservice@springernature.com).
5.5 All Apress eBooks will be supplied for download in a number of formats. It is the responsibility of Customer to ensure that he/she has the appropriate software necessary for viewing the eBook.
6. Print Books
6.1 The Apress website offers the possibility of purchasing print books.
6.2 For purchases of print books, a contract for sale is formed between Customer and SNCSC when Customer places an order. Customer must enter the delivery address at the same time that he/she enters the payment information. Customer will receive an email confirming the sale.
6.3 After the order is confirmed, it is not possible to be cancelled. The book will be sent to Customer by the shipping method described on the website. Customer shall pay the normal shipping costs. During the order process, Customer’s attention will be expressly drawn to this fact and to the actual shipping costs payable. Should any issue arise, Customer can contact Customer Support (customerservice@springernature.com).
7. Apress Access Subscription
7.1 Subscription to Apress Access.
7.2 Customer who purchases an Apress Access subscription shall be described below as “Subscriber.”
7.2.1 After purchasing Apress Access, Subscriber will receive an e-mail confirming the registration. Using the login from this email, Subscriber will be able to begin browsing and accessing Apress eBooks.
7.2.2 Only Subscriber may access and use Apress eBooks under this subscription. If a company wishes its employees to be able to access Apress eBooks, the company must have each user register separately, and only that person (described below as “Authorized User”) may access and use the Apress eBooks under his or her specific account. Should a company wish to discuss a plan under which more than one user can use an account, that company should contact customerservice@springernature.com
7.2.3 For the duration set forth in Section 7.4 below, Subscriber can access all Apress eBooks on Apress.com. Apress Access does not include access to Springer or Palgrave eBooks, even if they are available on the Apress website.
7.2.4 Grant and Scope of License for Apress Access
7.2.5 Subject to Subscriber’s compliance with these Terms and Conditions, and except as otherwise stated therein, SNCSC hereby grants Subscriber a non-exclusive, revocable and non-transferrable license to access the Apress eBooks for the duration set forth in Section 7.4 below.
7.2.6 Subscriber may, solely for personal purposes:
- access (including remote access) browse, view, collate, display, search and retrieve the Apress eBooks,
- download a copy of individual Apress eBooks
- save the content of an eBook as a HTML document without the links in the eBook for Subscriber’s use only, and
- supply electronic copies of individual articles or eBook chapters of the Apress eBooks when required by law for use in legal proceedings;
7.2.7 Upon termination of the Apress Access subscription, Subscriber may continue to access any Apress eBooks that he/she downloaded during the Term, but he/she must still comply with Sections 8 and 10 below regarding use of those Apress eBooks.
7.3 License Fee for Apress Access
Subscriber shall pay the annual fee for the purchased Apress Access subscription (the “License Fee”). The License Fee is listed on the Platform. Subscriber agrees that the granting of rights in or to the Apress eBooks under these Terms and Conditions only becomes effective if Subscriber has paid in full all amounts due to SNCSC.
7.4 Term and Termination for Apress Access
7.4.1 The Term of the Apress Access subscription begins on the day that Subscriber purchases the subscription, and automatically renews every twelve (12) months after that date. Subscriber may terminate the Agreement not earlier than 6 weeks prior, but not later than 1 week prior to the date on which the Apress Access subscription is to be renewed.
7.4.2 SNCSC may terminate the Apress Access subscription without further notice if Subscriber materially breaches the Agreement.
7.4.3 In the event of termination or expiration of the Apress Access subscription, Subscriber will no longer be able to access the Apress eBooks via the Platform and the license grant shall terminate. In the case of expiration, Subscriber may continue to access any Apress eBooks that he/she downloaded while the Apress Access subscription was active, but he/she must still comply with Sections 8 and 10 below. All Apress eBooks purchased prior to the original Apress Access subscription date shall remain available and is not subject to the expiration of the subscription. In the case of termination for any other reason, including failure to comply with Sections 8 and 10 below, Subscriber will delete any Apress eBooks that he/she has downloaded to his/her personal device.
7.4.4 All indemnification obligations herein shall survive termination or expiration.
8. Payment
8.1 Unless otherwise agreed, payment for an individual order of a print product, or for one-off retrieval of an eBook or ePaper, or for a subscription, including subscriptions Apress Access must be made in advance and shall fall due for payment immediately on completion of the order.
8.2 SNCSC may offer various means of payment. For print products, the purchase price may be paid by credit card, PayPal or bank remittance. For digital products (eBooks or ePapers), the purchase price or subscription price may be paid either by credit card or by PayPal. For payments handled by a payment system provider (e.g. PayPal), the respective provider’s terms of business and terms of use shall apply exclusively; Customer may need to have a user account with the respective provider.
8.3 Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If Customer also wishes hard-copy invoices to be sent, Springer may charge a separate fee for this.
8.4 If Customer fails to honor his or her payment obligations, or if any amounts paid are reverse-charged, Springer shall be entitled to block the Customer’s access to the Platform and, if applicable, to Apress Access, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if Customer balances the arrears, his or her access shall be reactivated.
8.5 Print products are delivered subject to retention of title. The goods delivered shall remain SNCSC’s property until such time as the purchase price has been paid in full.
9. Prohibited Uses of Apress Content
Customer and Authorized User shall not:
- remove, obscure or alter any copyright or other notices, trademarks, logos, service marks or any other proprietary rights appearing in or on the Apress Content without written permission from SNCSC,
- update, change, revise, adapt, modify, translate, transform or create any derivative work of the Apress Content,
- redistribute, reproduce, or transmit the Apress Content by any means including electronic (e. g., via e-mail) nor post it on their personal or public websites or on public networks,
- systematically download any Apress Content except as provided for herein, use routines designed to continuously and automatically search and index the Apress Content (full text and meta data), such as web-crawling or spider programs or engage in any activity likely to burden Apress’s websites,
- directly or indirectly use or assist any third party to use the Apress Content for any commercial or monetary purposes including without limitation any sale, resale, loan, transfer or upload of the Apress Content to a commercial or non-commercial entity’s internet website, or otherwise charge a fee for access.
10. Rights and Obligations of SNCSC
10.1 SNCSC reserves the right to monitor, investigate and analyze all available data including log files to detect misuse of the Apress Content by Customer and Authorized Users. SNCSC will inform Customer in any case of misuse.
10.2 SNCSC shall use reasonable efforts to provide online availability of the Platform and the Apress Content, subject to periodic unavailability due to server and software maintenance and services outside of SNCSC’s control, and to restore access to the Apress Content as promptly as possible in the event of an interruption or suspension of access to the Platform.
10.3 SNCSC reserves the right and has sole discretion to withdraw any part of the Apress Content to which it no longer retains the right to publish or it has reasonable grounds to believe is unlawful, harmful, false or infringing.
10.4 SNCSC retains the right to block or otherwise prevent any tampering or unauthorized use of the Platform in violation of these Terms and Conditions.
10.5 SNCSC or its licensors retain all right, title, and interest in and to the Apress Content, and any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Apress Content, the Platform, and all software used to access the same.
11. Rights and Obligations of Customer / Termination for Customer’s Breach
11.1 Customer shall use best efforts to ensure that access and use of the Apress Content is limited to the Customer.
11.2 Customer shall promptly inform SNCSC of any breaches in security in Customer’s accounts.
11.3 If Customer becomes aware of any unauthorized use of the Apress Content, Customer shall immediately inform SNCSC and shall take appropriate steps to ensure that such activity ceases and to prevent its recurrence.
11.4 SNCSC may temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access and/or terminate this agreement without further notice or after a period of notice fixed at Springer’s own discretion if Customer violates any of its obligations under this agreement. In the event of such termination, Subscriber will cease accessing Apress Content on the Platform and will delete any Apress Content that he/she has downloaded to his/her personal device. The indemnification obligation in Section 12.4 shall survive such termination or expiration.
12. Representations, Warranties, Indemnification
12.1 SNCSC represents and warrants that, to its knowledge (i) it has sufficient copyright, ownership rights and/or utilization rights in and to the Apress Content, and that (ii) use of the Apress Content by Customer in accordance with these Terms and Conditions shall not infringe any copyright, trademark, patent, or rights of privacy or publicity of any third party.
12.2 SNCSC shall indemnify, defend, and hold harmless Customer from and against any and all claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees incurred by Customer which arise out of an alleged violation of its representations and warranties set forth herein.
12.3 Limitation of liability applicable to Customers domiciled or established in North America, Central America, South America, and the Caribbean:
EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SNCSC PROVIDES THE APRESS CONTENT "AS IS" AND MAKES NO OTHER REPRESENTATION OR WARRANTY. SNCSC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE APRESS CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SNCSC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.4 Limitation of liability applicable to Customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia:
12.4.1 For goods (print products), there is a legal guarantee of conformity. Claims arising from that guarantee become statute-barred within two years after the goods have been received.
12.4.2 Springer shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
12.4.3 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardizes attainment of the very purpose of the contract.
12.4.4 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
12.4.5 In all other respects, liability towards Springer and Springer’s vicarious agents – for whatever cause in law – is hereby ruled out.
12.5 Where damages sustained by the Customer result from loss of data, Springer shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
12.6 Customer shall indemnify, defend, and hold harmless SNCSC and its subsidiaries, affiliates, divisions, successors and assigns from and against any and all claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees incurred by Customer which arise out of an alleged violation of its representations and warranties set forth herein.
13. Right of Withdrawal for EU/EEA Customers
13.1 Customers who are consumers and who have their habitual residence in the European Economic Area (European Union plus have Iceland, Liechtenstein, and Norway) have a statutory right of withdrawal. ‘Consumer’ means any natural person acting for purposes which are outside his trade, business, craft or profession.
13.2 The right of withdrawal for access to online only digital products expires if the performance has begun with the consumer’s prior express consent and his or her acknowledgment that he or she thereby loses his or her right of withdrawal.
13.3 Subject to the conditions described in paragraphs 1 and 2 above, the Customer has the withdrawal rights set out below. In this section, “you” shall refer to Customer, and “we” shall refer to SNCSC.
13.4 For eBook purchases and Apress Access subscriptions, the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Springer Nature Customer Service Center GmbH, Europaplatz 3, 69115 Heidelberg, Germany, phone +49 (0) 6221 345 4303, fax: +49 6221 345 4229, email: customerservice@springernature.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
13.5 For print book purchases, the following shall apply:
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
To exercise the right of withdrawal, you must inform us (Springer Nature Customer Service Center GmbH, Europaplatz 3, 69115 Heidelberg, Germany, phone +49 (0) 6221 345 4303, fax: +49 6221 345 4229, email: customerservice@springernature.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
13.6 The model withdrawal form may be used to state your withdrawal, but it is not obligatory.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
― To Springer Nature Customer Service Center GmbH, Europaplatz 3, 69115 Heidelberg, Germany, phone +49 (0) 6221 345 4303, fax: +49 6221 345 4229, email: customerservice@springernature.com:
― I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
― Ordered on (1)/received on (1),
― Name of consumer(s),
― Address of consumer(s),
― Signature of consumer(s) (only if this form is notified on paper),
― Date
(1) Delete as appropriate.
14. General
14.1 SNCSC may assign its rights or delegate its obligations, or any part thereof under this Agreement without the prior consent of Customer. Customer may not assign its rights or delegate its obligations or any part thereof under the Agreement without the prior written consent of SNCSC. Any attempt by Customer to assign or delegate any rights or obligations set forth in the Agreement without SNCSC’s prior written consent shall be prohibited.
14.2 Except for any obligations to make payments to the other party hereunder, either party’s delay or failure to perform any term or condition of the Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of the Agreement.
14.3 If any provision of these Terms and Conditions is invalid, illegal or incapable of being enforced, by reason of any rule of law or public policy, all other provisions shall nevertheless remain in full force and effect.
14.4 Choice of law
14.4.1 For customers in North America, Central America, South America, and the Caribbean, the rights and obligations of the parties under these Terms and Conditions shall be construed, interpreted and determined in accordance with the laws of the State of New York without reference to the choice-of-law principles of this state or any other jurisdiction.
14.4.2 For customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia, the rights and obligations of the parties under these Terms and Conditions shall be construed, interpreted and determined in accordance with the laws of the Federal Republic of Germany with the exception of provisions of the CISG (United Nations Convention on Contracts for the International Sale of Goods) and without reference to the choice-of-law principles of German law.
14.5 Legal venue
14.5.1 For customers in North America, Central America, South America, and the Caribbean, the parties acknowledge and agree that any controversies arising out of these Terms and Conditions shall be decided exclusively in the federal and state courts located within the Southern District of New York, and consent to personal jurisdiction therein. EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL, OBJECTION TO VENUE OR INCONVENIENT FORUM.
14.5.2 For customers domiciled or established in Europe, Middle East, Africa, Asia, Oceania, Australia, the parties acknowledge and agree that any controversies arising out of these Terms and Conditions shall be decided exclusively by the courts of or having jurisdiction for Heidelberg, Germany. This choice of law shall not, however, have the result of depriving a consumer of the protection afforded to him/her by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his/her habitual residence. ‘Consumer’ means any natural person acting for purposes which are outside his trade, business, craft or profession.
14.6 All notices given pursuant to these Terms and Conditions shall be in writing (letter, fax or e-mail or any other message on durable medium which states the author; text form according to Section 126b of the German Civil Code) and shall be deemed given upon receipt thereof. Notice to SNCSC shall be to customerservice@springernature.com or the postal address for the appropriate SNCSC entity set forth above. Notice to Customer shall be to Customer’s e-mail or postal address as provided by Customer by registering the user account.
14.7 These Terms and Conditions are solely for SNCSC's and Customer's benefit. They are not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
15. Out-of-court settlements
We do not engage in out-of-court settlements before consumer arbitration bodies. However, under the regulation (EU) 524/2013 we are obliged to inform you that the European Commission provides a platform for online dispute resolution, which is available at http://ec.europa.eu/consumers/odr/.