Premium-Mitgliedschaft Nutzungsregeln
The following Premium Membership Terms and Conditions constitute a binding legal agreement between the subscriber “User”and Güven Library “Provider”, governing all access to Premium digital content, archives, manuscripts, author notes, early previews, and any related services. By purchasing or accessing Premium Membership, the User acknowledges that this Agreement is legally binding under applicable European Union legislation, including the Digital Services Act (DSA), the General Data Protection Regulation (GDPR/DSGVO), and German law, including the Bürgerliches Gesetzbuch (BGB) and the Urheberrechtsgesetz (UrhG). The User explicitly agrees that access is granted solely for private, non-commercial use and that all rights not expressly granted remain with the Provider. The User further confirms full legal capacity or, where necessary, the authorization of a legal guardian who assumes contractual responsibility in accordance with BGB §§ 104–113. The Provider delivers Premium Content “as available,” with no guarantee of continuous or uninterrupted service, and reserves the right to update, modify, restrict, or remove content at any time without prior notice, provided such changes do not violate mandatory consumer rights. The User understands and agrees that Premium Membership consists exclusively of digital goods and services, which are exempt from withdrawal rights once access begins under EU law (Directive 2011/83/EU, Article 16(m)), meaning refunds are excluded once digital delivery has commenced. The User may not initiate a chargeback, PayPal dispute, or bank reversal without verifiable legal grounds; any fraudulent attempt constitutes a breach of contract and may result in legal action under German civil and, where applicable, criminal law. All Premium Content, including text, PDF files, images, manuscripts, and author commentary, is protected under UrhG §§ 2, 11, 15, 16, 17, and copying, distributing, screenshotting, forwarding, re-uploading, or making available to third parties is strictly prohibited. Redistribution without written permission constitutes copyright infringement under UrhG §§ 97–101 and may result in statutory damages, injunctions, and cost reimbursement. Premium access is tied to the individual User and may not be shared, resold, or transferred. If the User shares Premium Content or leaks exclusive materials, the Provider may immediately revoke access without refund, log the breach, and pursue civil damages and blocking rights under UrhG and BGB. The User acknowledges that any Premium link, password, or restricted URL is confidential and protected content; sharing it is equivalent to distributing copyrighted materials. The Provider may use technical tools to detect unusual access patterns, repeated downloads, or mass sharing attempts and may suspend or restrict access temporarily to protect system integrity. The User agrees not to bypass technical restrictions, attempt unauthorized access, or use automated tools for scraping, extraction, or mass downloading, as these actions violate EU digital security regulations and may trigger civil claims. Payments for Premium Membership are processed via secure third-party systems such as Stripe, PayPal, or bank transfer. By completing payment, the User authorizes recurring monthly billing where applicable. The Provider does not store credit card data; all financial information is handled exclusively by the payment processor under its respective compliance standards (PCI DSS, PSD2). Should a payment fail, the Provider may temporarily suspend access until the issue is resolved. The User is responsible for maintaining accurate billing information and ensuring payment methods remain valid. If a User disputes a legitimate charge, initiates a fraudulent “unauthorized transaction” claim, or falsely attempts to reverse payment despite receiving digital access, the Provider may submit documentation proving usage to the payment processor and seek reimbursement for administrative and legal costs. Users agree that Premium Membership is not a physical service, educational institution, therapeutic offering, or financial product; it is a voluntary digital subscription. The Provider does not guarantee personal outcomes related to creativity, learning, productivity, or income. The User is solely responsible for interpreting and applying any digital material. Any attempts to hold the Provider liable for personal results, interpretations, or emotional reactions to content are contractually excluded to the fullest extent permitted under BGB §§ 276–309. Liability for simple negligence is excluded except in cases involving injury to life, body, or health under BGB § 309 Nr. 7. In all other cases, the Provider’s liability is limited to foreseeable and typical damages. The User acknowledges that communication through Instagram, email, website contact forms, or similar channels does not constitute professional legal, medical, or financial advice. Any information shared is for informational and creative purposes only. The Provider may modify these Terms as long as modifications do not materially disadvantage the User. In such cases, the updated Terms take effect upon publication; continued use constitutes acceptance. The Provider may terminate access without refund in cases of: violation of copyright, sharing Premium Content, harassment, abusive communication, attempts to manipulate payment systems, fraud, unauthorized access, repeated breaches of Terms, or behavior undermining system integrity. Termination does not waive the Provider’s right to pursue civil claims for damages. Users may cancel their subscription at any time; cancellation applies to future billing cycles and does not refund past payments. The Provider respects User privacy under DSGVO. Personal data is used only to provide Premium access, verify payments, prevent fraud, and improve service. Data will not be sold, shared, or transferred except when required by law or necessary for payment processing. Users may request access or deletion of personal data in accordance with DSGVO Articles 12–23, provided such deletion does not conflict with legal obligations relating to payment documentation. Any legal disputes arising from this Agreement shall fall under German jurisdiction, with exclusive venue in Nordrhein-Westfalen, unless otherwise required by EU consumer law. Users agree to first contact the Provider to attempt resolution before initiating any formal complaint. Unfounded complaints, abusive filings, false accusation attempts, or misuse of legal systems (e.g., baseless Strafantrag submissions) constitute a breach of this Agreement and may result in account termination and civil counterclaims under BGB §§ 823–826 for damages arising from abusive legal actions. The User acknowledges that misuse of reporting systems, fraudulent legal threats, or attempts to intimidate the Provider constitute unlawful behavior and may be documented for legal defense. The Provider may cooperate with authorities solely when legally required and may submit evidence proving the User’s consent, contractual acceptance, payment history, access logs, and Terms acknowledgement, thereby neutralizing any unfounded allegation. Users explicitly waive the right to pursue claims based on misunderstandings or personal dissatisfaction where no contractual breach by the Provider has occurred. The Provider does not guarantee perpetual availability and may pause services for maintenance, updates, or technical issues. Such interruptions do not entitle the User to compensation unless explicitly required under mandatory law. Premium Membership is provided “as is,” and the User accepts the inherent risks of digital platforms, including temporary downtimes. The User accepts that digital content can evolve; materials may be added, updated, or removed. These modifications do not constitute contractual breaches. Attempting to coerce refunds or threaten negative reviews in exchange for compensation constitutes extortion-like behavior and will be treated as a violation of Terms. Users agree that any abusive, disrespectful, or harassing communication directed at the Provider may result in service termination. The Provider may refuse service to individuals who demonstrate harmful or abusive behavior patterns. Any clause found invalid under EU or German law shall not affect the remaining Terms; the Agreement remains enforceable to the fullest extent. By accessing the Premium Membership, the User confirms they have read, understood, and voluntarily agreed to all Terms without coercion, misinformation, or reliance on external promises. This Agreement governs all Premium interactions and supersedes any prior informal statements or assumptions. Users agree to comply fully with all rules herein and acknowledge that failure to do so may result in restricted access, termination, civil liability, or legal action where appropriate. Digital access constitutes delivery, and the User accepts full responsibility for safeguarding their login, links, and confidential materials. Unauthorized redistribution of Premium Content, intentional or accidental, voids the license granted and may lead to legal consequences. By completing payment and entering the Premium environment, the User accepts the complete legal framework of this Agreement as binding and enforceable under German and EU law.
