Your use of the myLearning – Portal Website (the 'Website') and any products,
software and services, including the videos and content that are provided
by myLearning – Portal on or from the Website (herein collectively designated
as the 'Services') is subject to these Terms (legal agreement) between you
and SSB, as the operator of
myLearning – Portal.
Your legal agreement with myLearning – Portal consists of (A) the terms and
conditions contained in this document and (B) myLearning – Portal's
Privacy Policy.
The Terms constitute a legally binding agreement between you and SSB regarding the use of the Services.
It is important that you take the time to read them carefully.
The Terms apply to all users of the Website, including those users who
contribute video content, information and other materials or Services to
myLearning – Portal.
Accepting the Terms
In order to use the Services, you must agree to the Terms.
You may not use the Services if you do not accept the Terms.
You can accept the Terms by simply using the Services.
You acknowledge and agree that myLearning – Portal will treat your use
of the Services from this point on as an acceptance of the Terms.
You are not allowed to use the Services nor accept the Terms under
the following conditions: if (a) you have not yet reached the legally
required age to form a binding contract with myLearning – Portal; or (b)
under the law of the country in which you reside or from which you
access or use the Services, you are excluded or otherwise prohibited
by law from receiving or using the Services.
You should print the Terms for your records or save them locally.
Language of the Terms
As far as myLearning – Portal presents to you a translation of the German
language version of the Terms, this is merely for your convenience.
Regarding your relationship with myLearning – Portal, the German language
version always prevails.
If discrepancies or contradictions between the German language version
and a translated version exist, then the German language version always
prevails.
Changes to the Terms
myLearning – Portal may change the Terms from time to time. If such changes
are effected, myLearning – Portal will make available a new copy of the
Terms here.
You acknowledge and agree that if you continue to use the Services after
the date on which the Terms have changed, then myLearning – Portal will treat
your use as acceptance of the amended Terms.
You should check the Terms regularly for changes.
myLearning – Portal user accounts
In order to access some features of the Website or other Services,
you need to create an account with myLearning – Portal. When you set up
your account, you must provide accurate and complete information.
It is important that you keep the password to your myLearning – Portal
User account secure and confidential.
You must inform myLearning – Portal immediately of any infringement of
security precautions that you become aware of or any unauthorised
use of your myLearning – Portal user account.
You agree that you are solely responsible (both vis-à-vis myLearning – Portal
as well as vis-à-vis others) for all activities that occur under your
myLearning – Portal account.
General restrictions on use
myLearning – Portal hereby grants you, subject to the following express
Terms, permission to access the Website and the Services and to use
them. Further, you agree that any deviation from any of these Terms
constitutes a breach of this agreement on your part:
You agree not to distribute any part of the Website or entire
web pages themselves, by any means, without the prior written
authorisation of myLearning – Portal. This also applies - but not
exclusively - to any User Submissions (as defined below);
You agree not to alter or modify any portion of the Website or
any of the Services (including - but not limited to - the
myLearning – Portal Player and its related technologies);
You agree to only access User Submissions (as defined below) or
any other content made available on the Website (including
myLearning – Portal Content as defined below) using such technology
or other means that are expressly designated by myLearning – Portal
for this purpose;
You agree not to bypass (or attempt to bypass), eliminate or
impair in any way any security-related features of the Website
whereby (i) the use or reproduction of User Submissions or
myLearning – Portal Content would be impaired or restricted or
(ii) the usability of the Website or Content accessible via the
Website would be limited;
You agree not to use the Website or any Services (including the
myLearning – Portal Player) for any commercial purpose, unless with
the prior written authorisation of myLearning – Portal. Prohibited
commercial uses include - but are not limited to:
disclosure of access data for the Website or any of
the Services (such as the myLearning – Portal Player) on
another Website for the primary purpose of generating
advertising or subscription income; and
redistribution of the Services (including any User
Submissions accessible via such Services) for the primary
purpose of generating income in business ventures that are
significantly similar or comparable to myLearning – Portal.
however, the aforementioned provision does not cover (i)
uploading a document or content to myLearning – Portal and (ii)
any use that myLearning – Portal expressly gives you permission
which is in writing and signed;
you agree not to use any automated system (including - but
not limited to - any robot, spider or offline reader) to
access the Website in a way that sends more requests to the
myLearning – Portal server within a certain period than a person
within the same period could reasonably send using a publicly
available, non-modified standard web browser;
you agree not to collect or skim off any personal data of any
user of the Website or any of the Services ('harvesting')
(in this context, the term 'personal data' is also understood
to mean the names of user accounts with myLearning – Portal);
you agree not to use the Website and the Services (including
the comments and email features of the Website) for the creation
of business opportunities related to trade or a commercial enterprise;
you agree not to make contact with any user of the Website on
account of that user's User Submissions for a commercial purpose;
and
you agree not to access user videos and user content for any
purpose other than purely personal, non-commercial use, and only
in the context which is specified and permitted by the normal
features offered by the Services.
When using the Services, you agree to comply with all other
provisions of the Terms and the myLearning – Portal Community
guidelines at all times.
If necessary, myLearning – Portal permits the operators of public
search engines to use spiders in order to copy material from
the site; however, this is only permitted for the purpose of
creating publicly accessible and searchable lists of materials,
but not for the creation of caches or archives of such materials.
myLearning – Portal reserves the right to revoke this permission
either generally or in specific cases.
myLearning – Portal is constantly innovating in order to provide its
users with the best possible experience. You acknowledge and agree
that the form and nature of the Services provided by
myLearning – Portal may change from time to time, without prior
notification being given to you.
You acknowledge and agree that as part of this constant renewal,
myLearning – Portal may in its sole discretion (temporarily or permanently)
cease providing you or users in general with the Services (or any
features within the Services), without giving you prior notification.
You are entitled to cease using the Services at any time. You are
not obliged to specifically notify myLearning – Portal when you cease
to use the Services.
You agree that you are solely responsible for (and that
myLearning – Portal is not responsible vis-à-vis you or any third party)
in connection with and for the consequences of any breach of your
obligations under these Terms (including any loss or damage thereby
suffered by myLearning – Portal).
Your User Submissions
As the owner of a user account on myLearning – Portal you can
create your own documents and text comments notes (jointly
referred to as: 'User Submissions'. You acknowledge that
myLearning – Portal, regardless of whether such User Submissions
are published, does not guarantee any confidentiality with
respect to any User Submissions.
You retain all ownership rights in your User Submissions.
Notwithstanding the above, it is necessary that you give
myLearning – Portal and other users of the Website restricted
rights of use. These are described in more detail in
Section 9 of these Terms (‘The rights that you grant’).
You acknowledge and agree that you are solely responsible
for your User Submissions and the consequences of your
postings or your publication. myLearning – Portal does not
accept or confirm any USER SUBMISSION, or any opinion,
recommendation or advice contained therein, and
myLearning – Portal expressly excludes all liability in
connection with User Submissions.
You represent and warrant that you have all the necessary
licences, rights, consents and permissions (and will have
for the entire period of your use of the Services) that are
required to ensure that myLearning – Portal can use your User
Submission for the purpose of providing Services via
myLearning – Portal and can use your User Submissions elsewhere
in the manner stipulated on the Website and in these Terms.
Content of your User Submissions
You agree that your conduct in the use of the Website
(and the content of all of your User Submissions) complies
with myLearning – Portal's guidelines.
You agree that you shall not post or upload any User
Submission the possession of which by you is illegal in the
country of your residence or the use or possession of which
by myLearning – Portal would be illegal in connection with the
provision of Services.
You agree that you shall not post or upload any User
Submissions that are subject to third-party property rights
(including confidentiality or privacy rights), unless you hold
a formal licence or have permission from the rightful owner,
whereby pursuant to section 9.1 below, myLearning – Portal is
permitted to post the material in question and is granted
a licence.
myLearning – Portal reserves the right (but shall not be obliged)
to decide whether User Submissions comply with the content
requirements, as laid down in these Terms. myLearning – Portal
may at any time remove without prior notice and at its sole
discretion such User Submissions that breach these Terms and
/ or block a user's access right that is required for
uploading user content.
You acknowledge and agree that during use of the Website and
the Services you may be exposed to User Submissions that are
on a factual basis are inaccurate, offensive or indecent or
otherwise perceived by you as disturbing. You agree and
hereby waive any and all rights and remedies vis-à-vis
myLearning – Portal that you are entitled to with respect to
such User Submissions.
The rights that you grant
By uploading or posting User Submissions for myLearning – Portal you grant
myLearning – Portal and SSB AG,
a worldwide, non-exclusive, royalty-free licence (with the right
to sublicense) for the use, reproduction, distribution,
preparation of derivative works, exhibition and performance of
User Submissions in connection with the provision of the Services
and otherwise in connection with the provision of the Website and
myLearning – Portal's transactions, including, but not limited to the
advertising and redistribution of the whole or parts of the Website
(and derivative works based thereon) regardless of the media format
and regardless of the distribution channels;
any user of the Website a worldwide, non-exclusive, royalty-free
licence for access to your User Submissions via the Website, as well
as for the use, reproduction, distribution, preparation of derivative
works, exhibition and performance of such User Submissions to the
extent allowed by the features of the Website and permitted under
these Terms.
The above licences regarding User Submissions granted by you expire as
soon as you remove your User Submissions from the Website. However,
User Comments are perpetual and irrevocable, but do not affect your
designated property rights described in Section 7.2 above.
myLearning – Portal Content on the Website
With the exception of User Submissions, all Content available on
the Website, including but not limited to text, software, scripts,
graphics, photos, sounds, music and interactive elements on the
site (the 'myLearning – Portal Content') are owned by myLearning – Portal
or are licensed to myLearning – Portal, and are the subject of copyright,
trademark and other intellectual property rights of myLearning – Portal
or myLearning – Portal's licensors. Any one trade or service marks
connected to the myLearning – Portal Content are attributable to their
respective owners.
For any other purposes in any form whatsoever myLearning – Portal Content
may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited, unless
with the prior written consent of myLearning – Portal or myLearning – Portal's
licensors. myLearning – Portal reserves all rights not expressly granted to
and with respect to myLearning – Portal Content.
myLearning – Portal links
The Services may include hyperlinks to other websites that
are not owned by myLearning – Portal or controlled by myLearning – Portal.
myLearning – Portal has no control over and assumes no responsibility
for the content, privacy policies or activities of any external
websites.
You acknowledge and agree that myLearning – Portal is not responsible
for the availability of such external sites or resources, and does
not accept or affirm any advertising, products or other materials
provided by or available via such websites.
You acknowledge and agree that myLearning – Portal is not responsible
for any loss or damage which you suffer as a result of the
availability of such external sites or sources, or as a result of
your confidence in the completeness, accuracy or the existence of
any advertising, products or other materials provided by or
available via such websites.
myLearning – Portal encourages you to be vigilant when leaving the
Website of myLearning – Portal and to peruse the Terms of Use and
Privacy Policy of any other website that you visit.
Ending your relationship with myLearning – Portal
These Terms remain in effect until terminated by either you or
myLearning – Portal in accordance with the following.
If you want to terminate your legal agreement with myLearning – Portal,
you can do this by (a) providing notification to myLearning – Portal at
any time and (b) closing your user account with myLearning – Portal.
Your notification must be sent in writing to the address of
myLearning – Portal mentioned at the outset of these Terms and
be signed.
myLearning – Portal may terminate its legal agreement with you at any
time, provided that:
you have breached any provision of the Terms (or have acted
in a manner that clearly shows that you are not willing or
able to comply with the provisions of the Terms),
myLearning – Portal is legally obliged to terminate its legal
agreement (e.g. if the provision of Services to you is or
will be illegal); or
myLearning – Portal ceases to provide the Services to users in
the country in which you are resident or from which you use
the Services; or
the provision of the Services to you by myLearning – Portal is -
in the opinion of myLearning – Portal - no longer profitable.
Expiry of these Terms will be without prejudice to any rights,
obligations or liability which benefited or governed either you or
myLearning – Portal (or which accrued during the period of validity of
the Terms), or whose indefinite continuance has been arranged.
The provisions laid down in Section 15.6 apply perpetually to such
rights, obligations and liability.
Disclaimer of warranties
These Terms do not affect any statutory rights which are due to all
consumers that cannot be contractually changed or cancelled.
The Services are provided on an 'as is' basis and myLearning – Portal
provides no warranty or guarantee in this regard.
In particular, myLearning – Portal does not guarantee or warrant that:
your use of the Services will meet your expectations,
your use of the Services will be uninterrupted, timely,
secure and free of errors,
any information that you receive as a result of the use
of the Services is accurate or reliable, and
that errors in the operation or functionality of any software
that you receive as part of the Services will be corrected.
Other conditions, warranties or other terms (including any implied
terms as to satisfactory quality or compliance with description) are
not applicable to the Services or only to the extent expressly
designated by the Terms.
Limitation of liability
These Terms do not exclude or limit the liability of
myLearning – Portal if such liability cannot be lawfully
excluded or limited under the applicable law.
Notwithstanding the general stipulation laid down
in Section 14.1 above, myLearning – Portal is not liable for:
any indirect or consequential damage that you suffer.
This includes any loss of profits (whether directly
or indirectly), any loss of goodwill or business
reputation, and any loss of data suffered by you.
any loss or damage that you suffer as a result of:
any trust you have placed in the completeness,
accuracy or existence of any advertising, or as
a result of any relationship or transaction
between you and any advertiser or sponsor whose
advertising appears in the Services;
any changes made by myLearning – Portal to the Services,
or any permanent or temporary cessation in the
provision of the Services (or any features within
the Services);
deletion, damage or storage errors related to User
Submissions and other communication data that are
received or transmitted during your use of the
Services or via the Services;
your failure to provide myLearning – Portal with
appropriate information concerning the user account;
your failure to keep your password or details about
your myLearning – Portal user account secure and confidential.
The limitations of myLearning – Portal's liability vis-à-vis you,
as specified under Section 14.2 above shall apply regardless
of whether myLearning – Portal has been advised of or was aware of
the possibility of such losses.
General Terms
These Terms constitute the whole legal agreement between you
and myLearning – Portal, govern your use of the Services and
completely replace any prior agreement between you and
myLearning – Portal regarding the Services.
Notifications regarding your contractual relationship with
myLearning – Portal and your use of the Services, including
notifications about changes to these Terms, shall be sent by
myLearning – Portal to you by e-mail, regular mail or postings on
the Website of myLearning – Portal.
You agree that failure to exercise or enforce any rights or
remedies which are given under the Terms (or which are available
to myLearning – Portal under any applicable law) does not constitute
a formal waiver of myLearning – Portal's rights and that these rights
or remedies are still available to myLearning – Portal.
If any court of competent jurisdiction decides that any provision
of these Terms is invalid, that provision shall be excluded from
the Terms, whereby the validity of the remaining Terms shall remain
unaffected. The remaining provisions of the Terms shall remain valid
and applicable in this case.
You acknowledge and agree that each member of the group of companies
belonging to myLearning – Portal is a third party beneficiary to the
Terms and that these other companies are entitled to rely on and
immediately enforce any provision laid down in these Terms that gives
you an advantage (or rights). Apart from this, no other person and no
other company are intended to be a third party beneficiary to the
Terms.
These Terms and your relationship with myLearning – Portal under these
Terms are subject exclusively to the laws of the Federal Republic
of Germany with the exception of those Terms which refer to the law
of other countries, and with the exception of the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
You and myLearning – Portal agree on the exclusive jurisdiction of German
courts; you and myLearning – Portal further agree that the courts with
competence for the principal place of business of SSB shall have
territorial jurisdiction for the resolution of all disputes arising
from or in connection with these Terms and the legal relationship between
you and myLearning – Portal or SSB
AG respectively. Notwithstanding the above, you acknowledge and agree
that myLearning – Portal and SSB AG
may enforce any remedies (especially cease and desist orders or
comparable types of injunctive relief) in any other jurisdiction
and country.