2. Contract conclusion and user account
- The user receives his access data by email. These consist of a user name and a password (hereinafter referred to as “log-in data”).
3. Use of the profile
- When using the profile, the user can take advantage of various features of the training platform. These include videos, user guides, web-based trainings, exams, a virtual office as well as customized content, which is provided by the responsible person from the user's organization. These contents are regularly updated at the operator's discretion. Excluded from this are customized contents which are provided to the user by his organization.
- The operator is entitled to block access to individual contents at any time, e.g. if there is a suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the service.
The operator makes every effort to ensure the failure-free operation of the online service. This is naturally limited to services on which the operator has an influence. The operator is at liberty to restrict access to the online service in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond his control.
4. Copyright and other rights
4.1. Copyright and rights of use
In principle, all copyrights and utilization rights to the services created by the operator or a subcontractor or made available by the operator or a subcontractor (in particular logos, images, videos, texts, etc.) remain with the operator or the respective subcontractor. Unless otherwise regulated, the user receives a simple, non-exclusive right of use to the content provided (for a period of time until the end of the free trial period or, in the case of an extension, until the end of the contract, factually for the operation of the online service created by the operator). Reproduction and further use of any kind, regardless of the medium, which go beyond the present terms or separate regulations, require the prior written consent of the operator. Should the contents mentioned in section 3 be published to third parties or via the internet, the operator is entitled in these cases to claim the resulting damages against the user by way of license analogy. Each user account may only be used by the authorized user. The user is obliged to handle the log-in data with care. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to his/her profile by circumventing the log-in criteria. In the case of jointly used accounts, the operator reserves the right to warn or block individual users or the contact person from the superordinate organization.
4.2. Other rights
Furthermore, the user is obliged to protect all rights of the operator or its subcontractors, especially copyright and trademark rights.
5. Final provisions
- Should individual provisions of the contractual agreements between the parties be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. In this case, the parties undertake to replace the invalid provision by a valid provision which comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.