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Terms of use for
the online language school CLT within digital
publishing's "free one-month subscription" offer
in cooperation with ICWE GmbH (Berlin).
(November 2007)
Preamble
digital publishing AG
Tumblinger Str. 32
D-80337 Munich
Company Registry:
Munich District Court HRB 129796
Board: Armin Hopp, Jörg Koberling, Peter Lackner
Supervisory Board Chairman: Dr. Hanspeter Maute
digital publishing operates the online language
school CLT (Corporate Language Training) and is
responsible for the editorship, coordination and
support of all elements of CLT. dp offers language
learning software for self-learning at a PC, complete
with qualified mentoring through a personal online
tutor. The learning media and tutoring services
are internet based.
The provider and users work together honorably
and are to inform the other without delay with
regards to any deviation from the agreed line
of proceeding or doubts about the legitimacy of
the line of proceeding.
The scope of services and the configuration of
the offer adhere to the legal guidelines for the
protection of participants of multi-media courses
and distance learning (Fernunterrichtsschutzgesetz
- FernUSG). CLT English is approved by the state
central office examining authority for multi-media
courses and distance learning (license number
429204).
§ 1 Fees and terms of payment
(1) The "free one-month subscription" service,
an offer from digital publishing AG in cooperation
with ICWE GmbH, lasts four weeks and is free of
charge. You can contact digital publishing's customer
service department to enquire about individual
differential prices for dp's key account offer
CLT at any time. Follow the link "Contact us ..."
at www.clt-net.com.
(2) Through the necessary use of telecommunication
services (internet connection, email service and
use), additional costs may arise which are not
covered in the course offer.
§ 2 Composition of contents
(1) The contents are compiled with due diligence.
However, for technical reasons, errors in the
language course portal content and technology
can not be fully ruled out. There is no obligation
to assure a certain quality of content or technology,
nor is flawlessness guaranteed.
(2) The provider digital publishing reserves the
right to make alterations to contents at short
notice or to adapt the contents in order to incorporate
findings related to content or technology.
§ 3 Authorization of use
(1) The provider permits the user to access the
provider's contents set forth herewith within
the framework of these terms of use. The contents
are made available in the form of didactically
and methodically prepared study units in the language
course portal. Registration is carried out through
an online form. The provider confirms successful
registration by email.
(2) The authorization of use includes: - the learning,
working and communication functions provided in
the language course portal. - the retrieval and
use of online contents on a data-processing appliance
(computer) in property of the user or a third
party for informative and learning purposes. -
the use of all contents made available by the
online tutor throughout the duration of the course.
(3) The use of the provider's contents as set
forth herewith does not automatically entitle
the user to testing and support rights or to certification
of knowledge acquired.
(4) The user receives private and confidential
login data for the period of use. The user is
liable to the provider and cooperation partners
for all costs and damages which may arise from
misuse, disclosure or circulation of login data,
up until the user notifies the provider of the
misuse (any notification to this effect must take
place within working hours). In the case of abuse
of property rights and breach of license, the
user is liable to the rights owner. The provider
is not liable for user violation of rights. In
this respect, the user frees the provider of any
liability to third-party claims.
(5) The user may not distribute data. In addition,
the user is forbidden to save data on a data medium
of the provider which would be in a position to
endanger the existence or operation of the provider's
data center or data network on account of the
data type, character (e.g. virus), size or replication
(e.g. spamming).
(6) The production of duplicate products of any
kind (documentation, disks, CR-ROMs, DVDs, printouts,
paper copies or any other material etc.), or the
circulation to third parties during and after
the period of access, is strictly forbidden. The
automatic creation of unavoidable temporary copies
through the browser program within the framework
of electronic recall, and printouts for private
learning reasons, are permitted. In addition to
civil and legal sanctions, any violation of clause
1 leads to immediate and automatic termination
of user rights. The same applies to making the
contents of the language course portal accessible
to unauthorized third parties, which includes
the circulation of passwords.
§ 4 Duration of contract
In accordance with clause 2, access authorization
automatically ends at the end of the contractually
agreed length of use. A notice of cancellation
is not necessary.
§ 5 Availability
(1) The provider ensures that the contents of
the services set forth in this contract are accessible
around the clock as far as is possible.
(2) Maintenance (technical, content) which does
not significantly impair usage is tolerable.
(3) If availability is inofficiously disrupted
for a period which is not negligible, the usage
duration is automatically extended. Liability
for compensation is limited to gross negligence
and intent. This does not apply to damages which
involve bodily harm and infringement of the user's
life or health.
§ 6 Liability
(1) In addition to the guarantee in clause 5(3)
and in cases of gross negligence and intent only,
the provider is liable for potential indirect
damages resulting from breech or neglect of duty
including innoficious restriction of availability.
This is not restricted to damages involving bodily
harm and infringement of the user's life or health.
(2) On 12.05.1998, the Hamburg District Court
decided that the contents of a linked website
are also to be legally answered for where applicable.
According to the Hamburg District Court, this
can only be avoided if the provider explicitly
distances itself from the contents of a website.
On its websites, digital publishing AG defers
to links to other internet sites. In all such
cases, digital publishing AG explicitly declares
that it has zero influence on the composition
and content of the linked and integrated websites.
For this reason, digital publishing AG explicitly
distances itself from all contents of websites
which are linked to its websites and does not
consider these contents as its own. This declaration
is valid for all websites which links may lead
to.
§ 7 Copyright, intellectual property rights
(1) Licensing agreements for content use are granted
on the condition that digital publishing reserves
all copyright or intellectual property rights.
(2) Usage levels do not effect the fact that user
rights are not to lead to a transfer of intellectual
property rights or copyright in any way.
§ 8 Data protection
(1) digital publishing accumulates certain personal
data of the users of our service (e.g. names,
email addresses, addresses, data from the registration
form for the service etc.). This information assists
us in immediately dealing with their orders, initializing
customer services and improving the support of
our course participants through our mentoring
service. digital publishing maintains the right
to electronically save and process data provided
by the user. The storage of personal data is carried
out to enable the fulfillment of the contractual
relationship and the security of content, and
for communication between provider and user. German
data security and privacy law are adhered to.
(2) In addition to personal data, digital publishing
accumulates learner profile data containing participants'
online course records and learning progress (e.g.
absolved learning time, course and exercise results,
pronunciation results etc.) in the central administration
system in order to personalize the service provided
through the online tutor. This data is only stored,
processed and used for internal use and for direct
contact with the user. User data is used under
strict adherence to data security and privacy
law, and is not made available to third parties
for commercial use.
(3) The user agrees to be contacted by email by
tutors (certified by digital publishing) with
homework and feedback on the user's learning progress.
(4) The provider assures that all employees involved
in the development of the contractual relationship
and content support are au fait with and observant
of the corresponding data security and privacy
laws.
(5) In addition to paragraph 2, the user agrees
to the provider saving the user's personal data
in anonymous form for scientific purposes. Scientific
purposes are, for example, the optimization of
contents and the creation of user statistics.
The user is free to object to this agreement in
writing at any time.
(6) In participating in digital publishing's "free
one-month subscription" offer, the user agrees
to be contacted, either during or after the course,
both by tutors regarding learning progress and
by digital publishing representatives with information
about more of the company's offers and a possible
continuation of the already commenced course.
§ 9 Court of jurisdiction
(1) The court of jurisdiction for all matters
of contention regarding use of the language course
portal is Munich.
(2) German law applies to this contract.
§ 10 Final clauses
(1) Changes and modifications to the regulations
within these terms of use are to be validated
in writing or electronically (§ 126a BGB). Changes
to the general terms and conditions of business
are possible at all times and are to be announced
with adherence to a time limit of 2 (two) weeks.
They are to be made accessible to all those involved
via the online system. If an objection in writing
does not follow within the above-mentioned time
limit, the conditions of participation apply.
(2) Should an individual clause within these terms
of use prove to be invalid, the validity of the
remaining clauses is not effected. In place of
the invalid clause(s), dispositive enacted law
or, for want of corresponding regulations, replacement
regulation which approximates the intention of
the invalid clause as far as is possible, comes
into effect.
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