iversity expects its Users to display the same level of care in dealing with the personal and intellectual property rights of other Users and rights holders. To ensure a productive and safe work environment, it is indispensable to adhere to some general principles. Please see point 9 for those principles.
2. Registration and Conclusion of the Agreement
2.1 In order to be able to use the Platform, the User is required to register. After registration a contract between the User and iversity about the use of the Platform is concluded (“user contract”). The registration for, and use of, the Platform is free for all users.
2.2 Only Users who are at least 18 years of age are allowed to register for the Platform.
2.3 A User can register for the Platform either by completing a registration form or logging in through an existing facebook-account or another account of a comparable internet service.
2.4. The contracting party for the use of the Platform is
iversity Learning Solutions GmbH Krausnickstrasse 16 10115 Berlin
Further contact details can be found in the legal note on the website of the Platform.
2.6 iversity may refuse a registration without stating reasons for the decision. The User is not entitled to conclude a user contract.
3. User Account and Login Data
3.1 iversity provides to the User a user account on the Plattform’s website after concluding the user. The User has access to their data via this user account after entering the login data.
3.2 The login data (see point 2.5) as well as the user account are not transferable and may only be used by the registered User themselves. The User must not pass or allow the use of the login data to any third party. The login data has to be kept in safe custody and must not be disclosed to anyone.
3.3 As soon as the User learns of or suspects an abuse of their login data they are obliged to notify iversity thereof immediately. The User is liable for all consequences of a third party accessing and using the user account provided that they are responsible for the loss of login data. In particular, the User is liable if they enabled the unauthorized use of login data intentionally or carelessly. The User's liability ends only if they inform iversity about the unauthorized use or loss of login data and change the password, if possible and necessary.
- false information were provided during registration,
- unauthorized disclosure of login data and / or other forms of abuse of the Platform.
In these cases, the User is not allowed to register again without iversity’s prior written consent.
5. The contents of the agreement - what does iversity provide?
5.1 On the Platform, MOOCs are offered for a variety of different areas. These courses are supported by interactive elements. In particular, iversity helps to bring together the Users and gives them an opportunity to participate in MOOCs. iversity provides the technical applications but does not participate in any communication with regard to the contents.
5.2 The participation in. or the completion of, a MOOC does not constitute any legal relationship of any kind between the User and the university or organization providing the course or the respective lecturer. In particular, the User does not apply for or enrol in any courses at the university or organization.
5.3 iversity reserves the right to cancel, change or delay courses at any time. The User is not entitled to participate in a specific course and / or at a specific time.
5.4 For certain courses exams can be taken in accordance with the procedure provided online for the respective course. iversity reserves the right to change, delay or cancel the examination procedure, in particular with regard to the emphasis of the results. For certain courses it is also possible to obtain a certificate. If this is possible and subject to which conditions, is at the discretion of iversity as agreed with the respective course provider. The conditions for the award of a certificate may change anytime. iversity will not be liable for any damages incurred by the User as a result of such change of conditions. Unless stated otherwise, certificates do not represent an academic certificate and do not prove academic achievements.
5.5 The exact scope and the details of certain functions of the Platform can be found on the Platform’s website.
5.6 Aside its own functions iversity also offers third party functionalities in the form of apps, or provides links to third party content. In such cases, apps or third party content are clearly marked as such. iversity is not responsible for these offers and cannot exert any influence on them. Any contracts resulting from third party apps are concluded only between the User and the third party, governed by the provisions of the respective provider.
5.7 iversity may provide the User with news on the Platform, e.g., new features, as well as on modifications or upgradings of iversity’s services, via e-mail to the e-mail address provided during registration, provided that the User agreed to the receipt of such a newsletter. If the User does not want to receive news about the Platform they can unsubscribe from the service by sending an e-mail to firstname.lastname@example.org at any time, or stop the receipt by changing their account settings. Furthermore, every e-mail contains a link to unsubscribe from the e-mail list.
5.8 iversity aims to develop the Platform gradually and in close collaboration with the Users. Therefore, iversity reserves the right to expand, supplement and modify the services of the Platform or offer different services. However, this should not lead to any unreasonable restrictions of the User's current organization on the Platform as the aim is to improve the system and not to reduce the functionality. In the event of extensions, supplements or modifications to the service, all User data will be preserved unless the User explicitly consents to the deletion of certain data or deletes them himself.
6. Free of Charge Services, Term and Termination
6.1 Registration and use of the Platform are free of charge for the User.
6.2 The user contract is concluded for an indefinite period.
6.3 Both parties may terminate the user contract without giving any reasons to the end of each month by giving notice two weeks. The right to terminate for important reasons remains unaffected. The termination notice shall be delivered by e-mail to email@example.com. To ensure the allocation of a termination to the right User the User must use the e-mail address they used for registration, or shall include this email address in the termination e-mail. The User can also terminate by deleting their account settings by using the corresponding function on the website. iversity will confirm the termination of the user contract by e-mail.
6.4 Upon termination of the user contract the user account will be closed and the User profile including the contents will be irrevocably deleted by iversity. A recovery of the contents after termination is, due to technical reasons not possible. However, data and content that the User has released for other Users to access or posted in discussion forums will not be automatically deleted even after the contract has been terminated (see also section 8.2). If a User wishes to delete data published and shared by them, it is their responsibility to delete such data before the termination of the agreement. iversity is not responsible for the use of data and content by other Users, which the User has not deleted before their contract has been terminated.
7. Right of Revocation
If the User concludes the user contract with iversity as a consumer, they have a statutory right of revocation. Consumer means every natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession.
Right of revocation
You have the right to revoke your contractual acceptance within 14 days in text form (e.g,. letter, fax, e-mail) without stating your reasons for doing so. The period begins on receipt of this notification in text form, but not before the contract has been concluded or our information obligations have been fulfilled according to Article 246 sec. 2 in conjunction with sec. 1 para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our information obligations according to sec 312g para. 1 sentence 1 EGBGB. Revocation shall be considered timely if the notice of revocation is dispatched within the above period. The revocation must be addressed to:
iversity Learning Solutions GmbH Krausnickstrasse 16 10115 Berlin
Consequences of revocation
In the event of a valid revocation, services received on both sides are to be returned including any emoluments taken (e.g. interest). If you are unable to return or restitute parts or all of the services received as well as the emoluments (e.g., benefits of the use), or are only able to return or restitute them in a deteriorated condition, you will have to compensate for the loss of value where applicable. This may mean that you nevertheless have to fulfill the contractual payment obligations for the period prior to revocation. Obligations to refund payments have to be fulfilled within 30 days. This period begins when you dispatch your notice of revocation, for us, upon receipt of the notice.
Your revocation right shall expire prematurely if both parties perform the contract in full at your explicit request before you exercise your revocation right.
End of revocation instructions
8. User generated content, copyright and other rights to content
8.1 The User is and remains the author of their copyright protected work the “User Content”). The same applies after publication of User Content on the Platform.
8.1.1 The user grants iversity for the operating of the Platform and for the display of the User Content the transferable, non-exclusive rights unlimited in respect of time and place to the works published on the Platform. This includes the right to distribute, reproduce, adapt, make available, broadcast and retransmit and to recite, perform and present in public. In particular, they grant iversity the right to make the User Content available on the Platform in any form, and to undertake any adaptations and reproductions that are required for this purpose (storage on the servers of iversity, etc.) and to permit reproductions to other Users. This also includes the right to undertake acts of exploitation within the context of additional functionalities applicable at any given time, such as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services) and the use of User Content in optimized versions of the Platform on mobile devices or of apps. The rights granted are always limited to functions and features of the Platform. The User hereby agrees to a possible assignment of rights.
8.1.2 iversity also reserves the right to open the Platform using an appropriate application programming interface (called API), so that the Platform may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by the User. The User can determine whether the contents shall be accessible by the public. In that regard, the User grants iversity the right to permit the exploitation of rights to third parties to the same extent as they were granted to iversity. This shall not affect iversity’s entitlement to continue to use the rights granted to iversity.
8.1.3 The rights granted to iversity according to the provisions above do not allow it to exploit the Users Content independently of the Platform. Any reproduction or use of the contributions and their content in other electronic or printed publications beyond iversity’s service without the prior written consent of the User is not permitted. If Users delete their data, the grant of rights to iversity ends as well and the granted rights shall revert to the user.
8.2 iversity provides discussion forums on the Platform where the User can discuss the courses provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content published in discussion forums are publicly accessible. Every User can delete, at any time, content they provided.
8.2.1 The Platform thrives on User generated information which are linked in various ways and in some cases build upon one another (especially in discussions and comments of individual courses). The granting of rights pursuant to the entire sec. 8.1 is therefore irrevocable and continues even after the termination of the user contract in order to enable the continuing operation of the Platform. This applies as well if an exploitation right was assigned to a third party by iversity. Content uploaded onto the Platform by the User for public access may remain publically available, even after termination of the User contract by the User (see sec. 6.4 for deletion of data). However, this does not apply for the User profile, which will be deleted in any case after termination of the user contract (see sec. 6.4).
8.2.2 Without prejudice to secs. 8.2 and 8.2.1 iversity reserves the right to delete certain contents without giving any reasons. The User is not entitled that certain content remains on the Platform.
8.3 Any content provided by iversity or a third party may be protected by copyright or other intellectual property (e.g., logos of universities or organizations). The User is granted only a non-exclusive, non-transferrable right for the non-commercial use of the content in context of the work for the course on the Plattform only. Any further use of legally protected content (e.g., transfer to third parties) is only permitted after prior written consent by the respective rights owner.
9. Rules for the use of the iversity Platform and for posting content
By providing the Platform iversity provides the technical conditions for an open exchange of experiences and opinions of the Users without any influence by iversity. Only to the extent that it is obligated by law or by authorities, iversity will examine specific content, remove it and take appropriate measures, if necessary. Therefore, it is of outmost importance that Users respect the rights of third parties and generally commit to a respectful interaction and mutual consideration of each other’s interest. This includes, in the areas for the exchange of views and discussions, tolerance and the openness towards different-minded people and the readiness for constructive conflict resolution when needed. In particular, the user commits to observe the following rules on the Plattform:
9.1 Stalking, which is defined by as deliberate and repeated (persistent) tracking or harassment of other Users, is prohibited when using the Platform. Once another User states that they do not or no longer want to be contacted this wish must be respected. Also, mobbing in any form is prohibited on the Platform. No user may harass other Users or third parties, torture or hurt them emotionally. iversity reserves in particular the right to immediately terminate the user contract (see sec. 6.3) as well as to inform respective law enforcement authorities after gaining knowledge of stalking or mobbing cases.
9.2 iversity is a Platform solely designed for the personal use by Users and for the exchange among Users. Therefore, any commercial use of the Platform is permitted only with explicit authorization by iversity. This particularly concerns the offering of goods or services of any kind against payment or an invitation to make a respective offer, and the performance, application and promotion of structural distribution measures (such as multi-level marketing or multi-level network marketing) or the display of premium rate phone numbers or premium SMS numbers in the context of the Platform. This prohibition also applies to relationships between Users, provided that the communication takes place using the services of the Platform as well as for the advertisement of goods or services against payment offered by third parties. However, in discussion forums it is permissible for the User to recommend for their respective course to buy their own books, scripts or teaching materials.
9.3 The User shall only make true and non-misleading statements in their profile and their communication with other Users. When setting a profile picture, they must ensure that the public display of these photos is permitted and does not contain references to logos, trademarks or other proprietary information on businesses and the display of the photo does not violate any applicable laws or rights of third parties. This applies in particular to personal rights and the right to one's own image.
9.4 The User shall ensure that the reproduction and communication to the public of content submitted by them including text, images, graphics, videos, etc. on the Platform is permitted. In particular, they have to ensure that by uploading contents onto the Platform, they do not violate any copyright and ancillary copyright protected positions of third parties (e.g., by uploading plagiarisms of academic papers, pirated movies or software, etc.), no personal rights, rights to one's own image, no trademark rights held by third parties (brands, company names, titles, etc.).
9.5 The User is obliged to adhere to any applicable laws when using the content and services of iversity. In particular, it is prohibited to upload content of unconstitutional organizations as well as the proliferation of unconstitutional, particularly racist, ideas, the dissemination of pornographic material, to upload content that is libelous, slanderous or otherwise defamatory or violates statutory regulations (e.g., criminal law, youth protection law, privacy law, copyright law or trademark law).
9.6 Any improper use of the Plattform is prohibited. Without limitation, the following acts in particular constitute improper use:
- if data on the Platform is altered, deleted, suppressed or rendered unusable without authorization;
- by using mechanisms, software or scripts in connection with the use of the Platform which are likely to affect the operation of the Platform;
- by any blocking, overwriting, modifying and copying of content, unless it is necessary for the proper use of the Platform’s services (copying by means of robot / crawler search engine technology is for example not necessary for the proper use of the Platform’s services and is therefore prohibited);
- by distributional and publicly communicating content on the Platform’s website or content of other Users if the User has no explicit distribution right;
- by every action that is likely to affect the functionality of the Platform’s infrastructure, especially by crush loading it;
- by introducing malicious codes such as viruses, worms, Trojan horses and related scripts or programs,
- by simultaneously sending chain letters and the sending of identical private messages to multiple users unknown to the User;
- in case of any insinuating or sexual communication (explicit or implicit).
9.7 Before setting links, the linked content must be checked for rights violations. Linking to illegal sites, especially with an extremist, inciting or offensive content is prohibited. iversity expressly disassociates itself from the linked content and assume no liability for it. Solely the operator of such site is responsible for the content of these websites.
9.8 The Platform allows to interact with other Users, invite them to specific groups or to point other Users to particularly interesting content. If the Platform provides a message feature this feature may be used exclusively for sending messages to people known to the User and to those where he may assume that they do not feel disturbed by the receipt of the message.
9.9 Every User shall pay attention to behave appropriately towards other Users and to not make any defamatory or vexatious statements while exchanging views and opinions in discussion forums.
9.10 If a User or a third party gains knowledge of content which is unlawful or inappropriate according to the foregoing provisions, iversity requests to report the violation via the contact form or e-mail. iversity will examine the content immediately upon receipt of such notice.
9.11 Furthermore, the User is obliged to comply with the following code of honor:
- I will register for one account only and for my personal usage and will not make the login data available to anyone.
- All work results which I hand in with regard to homeworks and examinations are the result of my own work without external help (unless collaboration with others is explicitly permitted) and without the aid of materials other than moreexplicitly permitted for the course.
- I will not make available any solutions to homeworks, examinations or other assignments to others. This includes my own solutions as well as those released by the respective lecturer.
- will not engage in any activity that would dishonestly improve my results, or improve or deteriorate the results of others. In particular I will not perform any examinations or provide any other assignments for others.
10.3 The above provisions also apply in the case that iversity has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan horses).
11. Warranty and liability of the user / Indemnification
11.1 The User assures and warrants that they are entitled to and able to grant iversity the rights of use to the uploaded User Content in the scope as provided for in sec. 8. The User warrants to iversity not to post content onto the Platform which violates the provisions of sec. 9, not to commit any of the prohibited acts provided in and not to provide any false information.
11.2 The User is solely responsible for all of their content uploaded to the portal including texts, articles, photographs, etc., and for the existence of any necessary legal entitlements relating to that as well as for their actions on the Platform. iversity does not generally check the content and actions of the User unless iversity is legally obliged to do so. The User indemnifies and keeps iversity, its personnel harmless from any liabilities or expenses including legal attorney's fees as well as potential and actual costs of legal proceedings and administrative fines, if claims are being brought on iversity, its employees or other personnel because the User culpably violates their obligations under sec. 8 and 9. and infringes rights of third parties or of persons represented by them. The same applies if claims results from otherwise illegal content and in cases where claims are brought by consumer bodies or authorities. iversity informs the User about the claim and gives them, to the extent possible and reasonable, the opportunity to defend against asserted claims. The User is obliged to end the infringing use immediately if requested by iversity and to fully disclose to iversity all relevant facts concerning the use. All further rights and claims of iversity for damages remain unaffected.
11.3 If rights of third parties are violated by the User's contents the User has to provide iversity at iversity’s own discretion and at the User's expense with the right of use, if the User is the owner, or limit the content so that no third party rights are being violated.
12.1 iversity shall be liable to Users without restriction for any damages arising from injury to life, limb or health, based on an intentional or negligent breach of duty and for other damages caused by intentional or gross negligent breach of duty or an acquired assurance or warranty. For other damages incurred due to slight negligence iversity is only liable in case of breach of essential contractual obligations, meaning contractual obligations which are essential for the proper conduct of the performance and on which the contractual partner can reasonably rely as well as those whose breach jeopardizes the purpose of the contract. In these cases iversity’s liability is limited to damages that are fore seeable for this type of contract.
12.2 Only the User shall be liable for content uploaded by the User. In this respect iversity shall not assume any liability unless legally obliged.
12.3 iversity makes every effort to keep the Platform constantly available. The User acknowledges that a constant availability of the Platform’s website is technically impossible. In particular, maintenance, security or capacity issues and events not in the sphere or influence of iversity (e.g., disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary suspension of services on the Platform’s website. iversity may change the times of availability of certain parts of the services at any time and after a respective not on the website of the Platform.
12.4 If iversity is unable to provide the service of the Platform due to operational or technical malfunctions it will undertake all efforts reasonable to publish a respective note about the interruption of the service on the homepage of the Platform’s website as soon as possible. iversity shall not be liable such interruptions as well as for damages resulting from loss of data if the damages could have been avoided by a regular and complete backup of all relevant data by the User. Therefore, each and every User should ensure the backup of important documents at regular intervals.
13. Modification of Services of the Platform
13.1 iversity reserves the right to add, modify or remove any or all of the services of the Platform at any time, in particular with regard to the courses, or change the hours of operation of the Platform.
13.2 iversity shall notify the Users of any changes to the services of the Platform made pursuant to sec. 13.1, including the details of the changes made to the services and the effective date of such changes. However, iversity shall not be required to provide any such notification where advance notice is impossible or time-critical changes are required due to circumstances outside Company's control.
13.3 iversity shall have no liability to Users in respect of any losses arising as a result of any changes to the services of the Platform.
14. Change of Contracting Party
iversity may transfer or assign the user contract to another party. The other party will, in this event, take over the rights and obligations that arise under the User agreement towards the User and become the new contracting party of the User. iversity will inform the User about such a transfer of contract in due time. The User may terminate the user contract within two weeks upon receipt of this information in writing to the above mentioned address or via e-mail to firstname.lastname@example.org
15. Contract Language, Storage of User Contract
16.2 If in the future a fee will be charged for the provision of individual services, the User and iversity will enter into separate agreements which will require the explicit consent of the Users.
17. Final Provisions
17.3 If the User is a merchant, a legal entity under public law or a special fund under public law or if the User has no permanent residence within Germany. then the venue for litigation arising out of or in connection with this contract is Berlin. If the User is a merchant, a legal entity under public law or a special fund under public law or the User has no permanent residence within Germany, then the venue for all rights and obligations resulting from the contractual agreements with the user is Berlin.
Stand Juni 2013