General Terms of Subscription and Use

ESSKA is the owner and editor of the scientific journals entitiled “Knee Surgery, Sports Surgery, Traumatology Arthroscopy” (KSSTA) and “Journal of Experimental Orthopaedics” (JEO) published by their third party publishers (hereinafter “the Publisher”).

This document applies to the journal Knee Surgery, Sports Surgery, Traumatology Arthroscopy (KSSTA) only (hereinafter “the Journal”).

This document sets the general terms and conditions to subscribe to and use the Journal (hereinafter “GTC”).

It applies exclusively to any and all individual subscribing to the Journal and/or using the Journal (hereinafter “the User”).

The Journal is published on a monthly basis for access online and/or in printed version.

Journal subscriptions are described on the Website and on the Publisher’s website (hereinafter “the Subscriptions”).

Any form of access to the Journal implies unreserved acceptance of the GTC in force at the time of access.

The GTC can be printed and/or downloaded by the User any time from the Website.

1. GENERAL INFORMATION

ESSKA a.s.b.l. The European Society of Sports Traumatology Knee Surgery and Arthroscopy has its headquarters at 76 rue d’Eich, Centre Médical, L-1460 Luxembourg (hereinafter “ESSKA”).

For any questions related to Journal, please contact: kssta@esska.org.

2. PURPOSE

The purpose of this GTC is to determine the terms and conditions of access and use of the Journal as well as to define the rights and obligations of the Users.

3. JOURNAL SUBSCRIPTIONS

Journal is offered for yearly Subscriptions for :

1. online access only. This Subscription provides access to all online editions of the Journal only and this as of the activation date of the Subscription as well as to all archived online editions of the Journal accessible on the Website.
2. or online and paper version access. This Subscription provides access to the same online editions as set forth above as well as to all printed editions of the Journal published within the Duration of the Subscription.

Details and pricing for Subscriptions are described on the Website and/or the Publisher’s Website.

Prices are stated in Euros. VAT and other taxes may apply.

Each Journal Subscription allows ONE and only individual access to the Journal under the chosen format (online only or online and printed).

Each Journal Subscription has a duration of ONE year from the date of Order Confirmation email as set for the below and shall last until December 31 of the same year (herein referred to as “the Duration”).

Subscriptions are activated by the Publisher within delays set forth by the Publisher which shall not exceed 30 days for Order Confirmation. 

The User is informed that ESSKA can terminate the Subscription at anytime in case of breach of one or several provisions of the GTC.

4. WHO CAN SUBSCRIBE

To buy a Subscription the User must:

• be an individual over 18 years old;
• agree to and fully satisfy the GTC;
• follow and fully complete the Subscription application described on the Website
• fully pay in due time the Subscription price.

5. HOW AND WHEN TO SUBSCRIBE

To buy a Subscription and access the Journal, the User must follow the Subscription procedure and pay the Subscription price as described on the Website or on the Publisher’s Website.

The User shall provide valid and accurate information and data and shall hold ESSKA harmless if the Subscription could not be satisfied because of wrong or incorrect information provided by the User (wrong address, name, etc).

Upon reception of the User’s Subscription and full Subscription payment, the Publisher will confirm the User’s Subscription (hereinafter “the Order Confirmation”).

The Subscription will be activated by the Publisher within delays set forth by the Publisher which shall not exceed 30 days for Order Confirmation.

6. USERS’ OBLIGATIONS

For the entire Duration of Subscription the User shall:

• fully comply with each and all terms of these GTC;
• provide accurate and valid information and data to ESSKA at all times;
• use the Journal and Subscription only for his/her own needs for the sole purpose;
• not use the Journal and/or Subscription in any unlawful or unethical way, and in particular do not use any content of the Journal without proper IP holder’s prior and written authorisation and proper citation credits;
• not engage in any activity likely to damage or undermine ESSKA and/or the Journal’s propriety, activity and/or reputation;
• not share her/his Subscription with any third party and keep all Subscription access codes strictly personal and confidential;
• accept to communicate with ESSKA in electronic format via the email address stated in the Subscription order.

The User expressly holds ESSKA harmless of all and any trouble, claim or request likely to arise from the breach of all and any of the above stated obligations.

The User expressly warrants ESSKA against any damage that may be caused to ESSKA by reason of his/her use of the Journal and/or Subscription including any legal and procedural costs, and undertakes to intervene in such judicial proceedings instituted against ESSKA as a result of his/her use of the Journal and/or Subscription.

7. INTELLECTUAL PROPERTY RIGHTS

The User expressly acknowledges that :

• ESSKA is the sole owner of all the intellectual property rights attached to names, trademarks and brands of the Journal and of ESSKA.
• ESSKA is the sole owner of all the intellectual property rights attached to the databases related to the Journal, their structures and their content.
• the structure and all and any content of the Journal is copyrighted and protected and no use can be made of any extracts without proper prior and written authorisation of ESSKA and the authors.

It is thus forbidden to represent, reproduce and/or modify in any form whatsoever, directly or indirectly, all or part of the above-mentioned elements and, more generally, to use or exploit these elements other than in the framework of the execution of these GTC.

As such, the reproduction or use of all or part of these elements is only authorised for the exclusive purposes of information for personal and private use, with any reproduction and any use of copies made for other purposes being expressly forbidden.

Any other use, except with the prior written authorisation, constitutes a fault and is liable to prosecution.

8. PROTECTION OF PERSONAL DATA

ESSKA is compliant with all legislation applicable to personal data and, in particular, European Regulation EU 2016/679 known as the “GDPR” (General Data Protection Regulation).  

All and any personal data provided by the User will be used in strict conformity with ESSKA’s Privacy Policy accessible on the Website.

9. LIABILITIES

ESSKA or, as the case may be, its partners, are not liable for any damage resulting:

• from a use of Journal and/or the Subscription that does not fully conform with GTC;
• a case of force majeure as defined herein;
• or, more generally, any fault on the part of the User.

There shall be considered as a fault by the User and actionable against her/him, any improper use of the Journal and/or the Subscription, any fault, negligence, omission or failure on her/his part, any disclosure or unlawful use of protected content as well as the provision of erroneous information or the failure to update her/his information.

10. ABSENCE OF INTUITU PERSONAE AND TRANSFERABILITY

ESSKA may transfer its rights and obligations set herein to any corporation or person at any time without the User’s consent.

The User may not transfer any of his/her rights or obligations set herein to anyone.

11. FORCE MAJEURE

ESSKA cannot be held liable in the event of breach of one of its contractual obligations resulting from a fortuitous event or a event of force majeure, as defined by European jurisprudence (hereinafter “Force Majeure”).

An Event of Force Majeure includes any act, event, non-performance, omission or accident outside of the control of the Consultant and includes, in particular, (without limitation):

• strikes, closures or other industrial actions.         
• civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.         
• fire, explosion, storm, flood, earthquake, subsidence, epidemic (including COVID-19 virus and/or any other) or other natural disasters. 
• failure or accidents in maritime and postal transport, transport by aircraft, roads or other means of private or public transport.         
• impossibility of using public and private telecommunications networks.         
• acts, decrees, legislation, regulations or restrictions of any governments.         

The performance of the GTC will be suspended as long as the event of Force Majeure lasts and the performance times will be extended accordingly. ESSKA will endeavour as far as possible to put an end to the event of Force Majeure or to find a solution allowing it to perform its contractual obligations despite the event of Force Majeure. If after ONE year of appearance of the Force Majeure event the performance cannot resume, the GTC will be terminated.

12. AMENDMENTS TO GTC

ESSKA reserves the right to amend these GTC at all times.

As the case may be, the new GTC  shall be notified to the User, including by email or on the Website private portal. The User must expressly agree to the new GTC in order to continue use of the Subscription and/or Journal .

13. MEDIATION – ARBITRATION

In case of a dispute relating to the performance of the GTC, the Parties shall as a matter of priority research amicable agreement, including if need be though the services of a mediator.

In case of failure such amicable agreement within 2 calendar months as of receipt of initial claim, the Parties may bring the dispute to judicial resolution in accordance to the provisions stated herein.

14. GENERAL PROVISIONS

If any provision of these GTC or its application to any person or circumstance is deemed invalid, null and void, or unenforceable, for whatever reason, this provision will be deemed divisible and will not affect the validity and enforceability of the other provisions of these GTC.

Any notification must be made in writing and either delivered by hand, or sent by registered letter with acknowledgment of receipt, or made by extrajudicial act to the address indicated in the order.

15. LANGUAGE OF THE CONTRACT

The GTC may be established in several languages. In case of interpretation conflict, the version in ENGLISH language shall prevail.

16. GOVERNING LAW AND JURISDICTION

The GTC are governed by the Law of LUXEMBOURG.

Disputes of any kind relating to the interpretation or performance of these GTC, notwithstanding multiple defendants, incidental or summary request or warranty calls, shall be brought before the jurisdictions of the User’s residence.