Terms of use

  1. Your relationship with OpenCourseWorld
    1. Your use of the OpenCourseWorld Website (the 'Website') and any products, software and services, including the videos and content that are provided by OpenCourseWorld on or from the Website (herein collectively designated as the 'Services') is subject to these Terms (legal agreement) between you and imc information multimedia communication AG, as the operator of OpenCourseWorld. 'OpenCourseWorld' / imc information multimedia communication AG has its principal place of business at Scheer Tower, Uni-Campus Nord, 66123 Saarbrucken, Germany.
    2. Your legal agreement with OpenCourseWorld consists of (A) the terms and conditions contained in this document and (B) OpenCourseWorld's Privacy Policy.
    3. The Terms constitute a legally binding agreement between you and imc information multimedia communication AG regarding the use of the Services. It is important that you take the time to read them carefully.
    4. The Terms apply to all users of the Website, including those users who contribute video content, information and other materials or Services to OpenCourseWorld.
  2. Accepting the Terms
    1. 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.
    2. You can accept the Terms by simply using the Services. You acknowledge and agree that OpenCourseWorld will treat your use of the Services from this point on as an acceptance of the Terms.
    3. 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 OpenCourseWorld; 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.
    4. You should print the Terms for your records or save them locally.
  3. Language of the Terms
    1. As far as OpenCourseWorld presents to you a translation of the German language version of the Terms, this is merely for your convenience. Regarding your relationship with OpenCourseWorld, the German language version always prevails.
    2. If discrepancies or contradictions between the German language version and a translated version exist, then the German language version always prevails.
  4. Changes to the Terms
    1. OpenCourseWorld may change the Terms from time to time. If such changes are effected, OpenCourseWorld will make available a new copy of the Terms at:
    2. You acknowledge and agree that if you continue to use the Services after the date on which the Terms have changed, then OpenCourseWorld will treat your use as acceptance of the amended Terms.
    3. You should check the Terms regularly for changes.
  5. OpenCourseWorld user accounts
    1. In order to access some features of the Website or other Services, you need to create an account with OpenCourseWorld. When you set up your account, you must provide accurate and complete information. It is important that you keep the password to your OpenCourseWorld User account secure and confidential.
    2. You must inform OpenCourseWorld immediately of any infringement of security precautions that you become aware of or any unauthorised use of your OpenCourseWorld user account.
    3. You agree that you are solely responsible (both vis-à-vis OpenCourseWorld as well as vis-à-vis others) for all activities that occur under your OpenCourseWorld account.
  6. General restrictions on use
    1. OpenCourseWorld 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 OpenCourseWorld. 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 OpenCourseWorld 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 OpenCourseWorld Content as defined below) using such technology or other means that are expressly designated by OpenCourseWorld 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 OpenCourseWorld 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 OpenCourseWorld Player) for any commercial purpose, unless with the prior written authorisation of OpenCourseWorld. Prohibited commercial uses include - but are not limited to:
        1. disclosure of access data for the Website or any of the Services (such as the OpenCourseWorld Player) on another Website for the primary purpose of generating advertising or subscription income; and
        2. 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 OpenCourseWorld.
        3. however, the aforementioned provision does not cover (i) uploading a document or content to OpenCourseWorld and (ii) any use that OpenCourseWorld expressly gives you permission which is in writing and signed;
        4. 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 OpenCourseWorld server within a certain period than a person within the same period could reasonably send using a publicly available, non-modified standard web browser;
        5. 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 OpenCourseWorld);
        6. 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;
        7. 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
        8. 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.
    2. When using the Services, you agree to comply with all other provisions of the Terms and the OpenCourseWorld Community guidelines at all times.
    3. If necessary, OpenCourseWorld 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. OpenCourseWorld reserves the right to revoke this permission either generally or in specific cases.
    4. OpenCourseWorld 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 OpenCourseWorld may change from time to time, without prior notification being given to you.
    5. You acknowledge and agree that as part of this constant renewal, OpenCourseWorld 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 OpenCourseWorld when you cease to use the Services.
    6. You agree that you are solely responsible for (and that OpenCourseWorld 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 OpenCourseWorld).
  7. Your User Submissions
    1. As the owner of a user account on OpenCourseWorld you can create your own documents and text comments notes (jointly referred to as: 'User Submissions'. You acknowledge that OpenCourseWorld, regardless of whether such User Submissions are published, does not guarantee any confidentiality with respect to any User Submissions.
    2. You retain all ownership rights in your User Submissions. Notwithstanding the above, it is necessary that you give OpenCourseWorld 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’).
    3. You acknowledge and agree that you are solely responsible for your User Submissions and the consequences of your postings or your publication. OpenCourseWorld does not accept or confirm any USER SUBMISSION, or any opinion, recommendation or advice contained therein, and OpenCourseWorld expressly excludes all liability in connection with User Submissions.
    4. 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 OpenCourseWorld can use your User Submission for the purpose of providing Services via OpenCourseWorld and can use your User Submissions elsewhere in the manner stipulated on the Website and in these Terms.
  8. Content of your User Submissions
    1. You agree that your conduct in the use of the Website (and the content of all of your User Submissions) complies with OpenCourseWorld's guidelines.
    2. 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 OpenCourseWorld would be illegal in connection with the provision of Services.
    3. 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, OpenCourseWorld is permitted to post the material in question and is granted a licence.
    4. OpenCourseWorld reserves the right (but shall not be obliged) to decide whether User Submissions comply with the content requirements, as laid down in these Terms. OpenCourseWorld 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.
    5. 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 OpenCourseWorld that you are entitled to with respect to such User Submissions.
  9. The rights that you grant
    1. By uploading or posting User Submissions for OpenCourseWorld you grant
      • OpenCourseWorld and imc information multimedia communication 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 OpenCourseWorld'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.
    2. 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.
  10. OpenCourseWorld Content on the Website
    1. 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 'OpenCourseWorld Content') are owned by OpenCourseWorld or are licensed to OpenCourseWorld, and are the subject of copyright, trademark and other intellectual property rights of OpenCourseWorld or OpenCourseWorld's licensors. Any one trade or service marks connected to the OpenCourseWorld Content are attributable to their respective owners.
    2. For any other purposes in any form whatsoever OpenCourseWorld Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited, unless with the prior written consent of OpenCourseWorld or OpenCourseWorld's licensors. OpenCourseWorld reserves all rights not expressly granted to and with respect to OpenCourseWorld Content.
  11. OpenCourseWorld links
    1. The Services may include hyperlinks to other websites that are not owned by OpenCourseWorld or controlled by OpenCourseWorld. OpenCourseWorld has no control over and assumes no responsibility for the content, privacy policies or activities of any external websites.
    2. You acknowledge and agree that OpenCourseWorld 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.
    3. You acknowledge and agree that OpenCourseWorld 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.
    4. OpenCourseWorld encourages you to be vigilant when leaving the Website of OpenCourseWorld and to peruse the Terms of Use and Privacy Policy of any other website that you visit.
  12. Ending your relationship with OpenCourseWorld
    1. These Terms remain in effect until terminated by either you or OpenCourseWorld in accordance with the following.
    2. If you want to terminate your legal agreement with OpenCourseWorld, you can do this by (a) providing notification to OpenCourseWorld at any time and (b) closing your user account with OpenCourseWorld. Your notification must be sent in writing to the address of OpenCourseWorld mentioned at the outset of these Terms and be signed.
    3. OpenCourseWorld 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),
      • OpenCourseWorld is legally obliged to terminate its legal agreement (e.g. if the provision of Services to you is or will be illegal); or
      • OpenCourseWorld 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 OpenCourseWorld is - in the opinion of OpenCourseWorld - no longer profitable.
    4. Expiry of these Terms will be without prejudice to any rights, obligations or liability which benefited or governed either you or OpenCourseWorld (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.
  13. Disclaimer of warranties
    1. These Terms do not affect any statutory rights which are due to all consumers that cannot be contractually changed or cancelled.
    2. The Services are provided on an 'as is' basis and OpenCourseWorld provides no warranty or guarantee in this regard.
    3. In particular, OpenCourseWorld 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.
    4. 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.
  14. Limitation of liability
    1. These Terms do not exclude or limit the liability of OpenCourseWorld if such liability cannot be lawfully excluded or limited under the applicable law.
    2. Notwithstanding the general stipulation laid down in Section 14.1 above, OpenCourseWorld is not liable for:
      1. 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.
      2. 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 OpenCourseWorld 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 OpenCourseWorld with appropriate information concerning the user account;
        • your failure to keep your password or details about your OpenCourseWorld user account secure and confidential.
    3. The limitations of OpenCourseWorld's liability vis-à-vis you, as specified under Section 14.2 above shall apply regardless of whether OpenCourseWorld has been advised of or was aware of the possibility of such losses.
  15. General Terms
    1. These Terms constitute the whole legal agreement between you and OpenCourseWorld, govern your use of the Services and completely replace any prior agreement between you and OpenCourseWorld regarding the Services.
    2. Notifications regarding your contractual relationship with OpenCourseWorld and your use of the Services, including notifications about changes to these Terms, shall be sent by OpenCourseWorld to you by e-mail, regular mail or postings on the Website of OpenCourseWorld.
    3. You agree that failure to exercise or enforce any rights or remedies which are given under the Terms (or which are available to OpenCourseWorld under any applicable law) does not constitute a formal waiver of OpenCourseWorld's rights and that these rights or remedies are still available to OpenCourseWorld.
    4. 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.
    5. You acknowledge and agree that each member of the group of companies belonging to OpenCourseWorld 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.
    6. These Terms and your relationship with OpenCourseWorld 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 OpenCourseWorld agree on the exclusive jurisdiction of German courts; you and OpenCourseWorld further agree that the courts with competence for the principal place of business of imc AG 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 OpenCourseWorld or imc information multimedia communication AG respectively. Notwithstanding the above, you acknowledge and agree that OpenCourseWorld and imc information multimedia communication AG may enforce any remedies (especially cease and desist orders or comparable types of injunctive relief) in any other jurisdiction and country.

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