Use of Terms Lernwelt Maschinenbau
Purpose of the learning management system „Lernwelt Maschinenbau“
The Lernwelt Maschinenbau („Lernwelt“) and its contents are exclusively provided to be used by customers and third parties with which the operator have a cooperation (e.g trainers and consultants). With the Lernwelt Maschinenbau the Maschinenbau-Institut GmbH (operator) offers customers and third parties with which it has a cooperation (user) a platform to use for their individual learning and other related activities. Through this platform the user has access to all relevant information for their booked events and the complete overview of events offered by the operator. The Lernwelt additionally is used by the operator to manage all activities regarding the planning, organisation and exertion of events and the related management of the participants.
1. Scope of Application
2. Completion of Contract and User Account
- Before setting up a user profile the operator has to create a user account which contains a user name and a password (log in data) as well as the personal data which is given after registering or sending a request, respectively, via the operator’s website by the user. Should the verification process at the VDMA Group bringany differences between their stored data and the given data during the registration at the Lernwelt Maschinenbau to light, each difference will be checked and altered manually.
- For the creation of a user account the user has to use a current and valid e-mail address which is in consequence used for communicating purposes by the operator.
- The user assures that the filled in data during the registration is correct and complete. If there are any changes of the given data the user obliges to inform the operator.
3. Usage of the User Profile
- The user profile can be used to benefit from different services which are as follows:
- to download event documents and certificatesof attendance for booked events
- to receive further information about booked events (e.g. information about place, date, hotel or location of the venue)
- to contact the operator by using the messanger implemented in the system oft he Lernwelt
- to look into offers of the operator and to book them
- to send messages to other participants of a booked certificate course
- 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 services of the Lernwelt provided free of charge by the operator.
- The operator ensures the smooth running of the Lernwelt. This is naturally limited to services over which the operator has an influence. The operator is at liberty to restrict or completely block access to the Lernwelt in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and due to other occurences that are beyond its control.
4. User’s Obligation to Cooperate: Posting of Content
- The user is compelled to follow applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his own content and not to infringe any rights of third parties (e.g. name rights, trademark rights, copyrights and data protection rights).
- The user is compelled not to violate applicable law or morality with any posted content in the Lernwelt regardless if it is through its content or its form. The same applies to the setting of external links. In particular, the dissemination of content that depicts, concerns or contains the following aspects are not permitted:
- glorification of violence and extremism of any kind
- incitement and instigation to commit criminal offences and breaches of the law, threats against life, limb or property
- hounding people or companies
- comments that violate personal rights, slander, defamation and defamation of users and third parties as well as violations of the law on fair trading
- copyright infringing content or other infringements of intellectual property rights
- sexual harassment of users and third parties
- offensive, sexist, obscene, vulgar, vile or disgusting material and expression
- Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the framework of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and citing the source. Quotations in a foreign language must also be translated into German to such an extent that the content is roughly evident. In particular, incorrect quotations in posts may be removed or corrected by the operator. The distribution and/or public reproduction of any content of the Lernwelt without the prior consent of the operator is prohibited.
5. Other Obligations to Cooperate
- The user is allowed to use the Lernwelt and its contents entirely in the capacity of a customer or third party which has a cooperation with the operator without the prior consent of the operator, and is therefore not allowed to advertise for himself or for other third parties. This means specifically that the user is not allowed not send any messages with advertising content without the prior consent of the operator and the recipient (in particular: spam messages).
- In the case that the content contains hyperlinks to third party websites, the user ensures that the website to which the link refers to ("landingpage") is in compliance with applicable law and third party rights.
- 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 to access the profile by circumventing the log in data.
- The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the Lernwelt or the technical infrastructure behind it. This includes in particular:
- the use of software, scripts or databases in connection with the use of the Lernwelt;
- the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the Lernwelt.
- Should there be any disruptions in the use of the Lernwelt or its services, the user has to notify the operator of this disruption without delay. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
- Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. The operator is liable for slight negligence in the case of damage resulting from injury to life, limb and health of persons.
- In addition, the following limited liability applies: In the event of slight negligence, the operator is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to the operator's vicarious agents.
7. Right to Exemption
The user indemnifies the operator and its employees or agents against all third party claims arising from alleged or actual infringement of rights and/or violation of third party rights through actions undertaken by the user in connection with the use of the Lernwelt. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of claims made by third parties. Reimbursable costs include, in particular, the costs of an appropriate legal defence.
8. Personal Data
The use of the Lernwelt makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to treat all stored data with care.
9. Termination of Use
- The user can terminate the use of the Lernwelt and its contents at any time, insofar as it is not necessary for a booked event (for example in the case of webinars).
- Termination may in particular be effected in such a way that the user requests of the operator to deactivate the related user account. In case of deactivation, the user account will be securely archived and automatically anonymised by the operator after 90 days.
- If a user account is archived, the user account can be restored at any time within 90 days from the day of deactivation (the user then has access to his educational inventory again, such as his completed events and certificates of attendance). After anonymization, the user's account cannot be restored.
- The operator can unilaterally deactivate a user account if the user has not used it for a period of at least 24 months. In case of deactivation, the user account will be securely archived and automatically anonymised by the operator after 90 days.
- The operator is entitled at any time to discontinue the Lernwelt as a whole or to remove individual contents from the service offer.
10. Final Provisions
Last Update: July 2021