General Terms and Conditions


Education Gateway GmbH
Falkenried 74a
20251 Hamburg

(Hereinafter "Education Gateway")


Preamble


Education Gateway is the operator of the e-learning portal Learnity.com. On www.Learnity.com, both private and commercial providers can upload video courses, course material, and learning material (hereinafter referred to collectively as “content”), and offer it to other users (consumers) free of charge or for the payment of a fee. All of the content uploaded by users comes from the users (content providers) themselves. Education Gateway stores the content for the consumers and mediates access. The content providers are responsible for their content.

1. Membership/registration


1.1 Uploading content, though not the consumption of content, requires registration as a member of Learnity.com. By registering, the user enters and contract with Education Gateway for the use of the website Learnity.com. The registration itself is free of charge. By registering, the user accepts the general Terms and Conditions and acknowledges them as binding. Registration with Learnity.com is not possible without explicit agreement.

1.2 There is only one kind of membership. The membership is open to all user, and gives the opportunity to view all free content.

1.3 The user is obliged to enter all the necessary data during the registration process truthfully; this includes the entry of a valid email address. The email address provided by the user will qualify as a billing email address. All information about the membership with Learnity.com will be sent by Education Gateway to this billing email address. The user agrees to the reception of all emails relating to the membership sent by Education Gateway. The acceptance of the contract for the membership takes place with Education Gateway via email. This email also contains a password for the user’s account.

1.4 Education Gateway offers its services for private and commercial purposes.

1.5 The use in or under the name of a third party without their knowledge, as well as multiple logins of one user under different names is forbidden.

2. Coin-account, payment methods, and invoicing modalities relating to the content-usage contract


2.1 Browsing onto and viewing of the individual contents available on the portal require the conclusion of individual contract (hereinafter referred to as “content-usage contracts). By choosing the desired content, the consumer makes an offer for closing a contract for the usage of the relevant content by the content provider. The resulting content-usage contract is exclusively between the consumer and the content provider. All content uploaded by the members comes from the content providers themselves.

2.2 The costs and running time of the chosen content-usage contracts arise from the online-offer. The provision of usage fees take effect only by a charge of the appropriate sum out of the user’s own purchasing account.

2.3 The user can fill/refill their purchasing account by prepaying any certain sum of money over the payment method made available by Education Gateway.

2.4 The user is required to enter the relevant and necessary data for payment during the filling of the purchasing account.

2.5 If a sum of money is reached, which is not quantified in whole “EUROS” (e.g. in the case of sales share in percentages) the sum will be rounded in the user’s favor.

2.6 Sums paid into the purchasing account are personal data and cannot be given to third parties.

2.7 Other expenses incurred by the user, especially processing costs, e.g. for the cancellation of payment or other costs, are to be paid for by the user.

2.8 Education Gateway reserves the right to delete purchasing accounts after a period of 24 months of inactivity.

3. User obligations


3.1 Every user is obliged to enter the data requested in the registration process truthfully. The user confirms that the information they provided during the registration process are true. Education Gateway reserves the right to pursue claims for recompense for damages in the case of infringement against this regulation. The user has the right to try and prove the damages were not as grievous as claimed. Should the original information provided during registration change during the running time of the contract, the user is obliged to inform Education Gateway of these changes.

3.2 The user commits themselves to the payment of any agreed upon sum. Devices with outstanding payments can be blocked by Education Gateway from using the respective service. The block will be removed immediately after the payment of the outstanding payment to Education Gateway. The block does not constitute a release from the obligation of payment.

3.3 The user obliges themselves to an appropriate use of the portal. An infringement against this obligation will lead to an immediate ban from accessing the website, and entitles Education Gateway to an extraordinary termination of the contract.

3.4 The user is required to store their personal login data in such a way that no third parties can gain access to them. The user is responsible for this privacy and the correct use. An infringement against this obligation will be the responsibility of the user, as well as any resulting consequences, including financial ones. The user obliges themselves to inform Education Gateway of any known misuse of their password or user account. The login may be used over different computers or devices, the user, however, declares that their access data will not be shared with other persons.

3.5 The user is confirms that the responsibility for any use by third parties of the services offered by Education Gateway lies with the user in the case that they, either knowingly und unknowingly, intentionally or unintentionally, allowed access to said services offered by Education Gateway. The user recognizes that they, as owners of their account, are responsible for all activities made on it, especially any sales or purchases, or changes or expansions to contractual conditions.

3.6 The user is forbidden to insult, abuse, slander, threaten, harass, or harm other users in any way. In any case of infringement, Education Gateway can raise a contract penalty in accordance with point 10 of these Terms and Conditions.

3.7 Every user is obliged to handle all personal information acquired from the portal with discretion and care. It is forbidden for all users to use the email address acquired from the portal for purposes of advertising, soliciting, or sending undesired advertisements. In any case of infringement, Education Gateway can raise a contract penalty in accordance with point 10 of these Terms and Conditions.

4. Special obligations of the content providers


4.1 The content provider is advised, before uploading new content, to read the newest version of the general Terms and Conditions, and the fee regulations/earnings distribution.

4.2 By uploading content onto the Education Gateway’s servers, the content providers are obliging themselves to Education Gateway to not infringing on any lay, especially not penal law, copyright law, competition law, youth protection law, brand, trademark, personality law, or other existing industral and business protection laws. It is expressly forbidden to upload illegal content, for example, violence glorifying depictions, extremists and racist content, erotic or pornographic content, or to offer or request similar content over the portal. The re-enacted or recreated form of the above content is also forbidden. The content provider is not permitted to collect, process, or use personal information about other content providers or users.

4.3 The user is not allowed to offer services or wares or their sale over the email address gained by use of the portal.

4.4 Education Gateway reserves the right, but is not obliged, to delete or block content without the consent of the content provider and without informing them in the case that these break any law or infringe on any article of the Terms and Conditions. This is also applicable in case of suspicion of an infringement.

4.5 The content provider is responsible to ensure that the uploaded content is free of viruses, trojan horses, or worms, which could endanger or hinder the functionality or inventory of Learnity.com.

4.6 In the case of an infringement against any of the aforementioned regulations, Education Gateway is entitled not only to the pursuit of recompense for damages, but also to reject content, delete content, to terminate the contract with immediate effect, to delete the account, and ban future use of the portal. The user’s claim to publication is, then, void.

5. Obligations of Education Gateway


In the case where Education Gateway becomes aware of disallowed use by a user, or of alleged misuse by a third party, Education Gateway, in accordance to the law, is required to give personal information of the user to the prosecution and law enforcement authorities. Should an examination of the legality of this transmission of data or of the alleged misuse be required of Education Gateway, Education Gateway will cooperate in full with the legal requirements.

6. Usage rights


6.1 The content provider gives Education Gateway the revocable, temporally and spatially unrestricted right for the duration of publication to multiply, spread, publish, display, make publically available, and to send all content uploaded to the portal. Education Gateway is entitled to enable advertisement onto the uploaded content, or use the content for advertisement purposes. Furthermore, the right encompasses the permissions especially as is required for the conversion of the data into the appropriate formats for the portal as well as the improvement of the quality.

6.2 All users confirm with their uploading of images and videos onto Education Gateway’s servers that they possess all rights to this content, as well as the permissions of all depicted persons on these. The content provider assures and confirms especially that all content, which they made available, is not burdened by rights of third parties. Should any such rights burden the uploaded content, it is the content provider’s obligation to cover any costs resulting from these.

6.3 The content provider releases Education Gateway firstly of any demands and claims by third parties, who might, due to infringement of their rights, especially copyright, license, competition, personality, and other business protection laws, claim recompense for their uploaded content from Education Gateway. The content provider reimburses Education Gateway for any costs caused by legal procedures for their unlawful content. The content provider will support Education Gateway in attaining and defending the rights for content encompassed by the contract, especially by giving any information needed. The content provider will also give any needed declaration and sign any document needed for the aforementioned purposes and requested by Education gateway, for the utilisation and security of the full use and advantages of the contract relevant content. The aforementioned obligations are valid after the end of the contract as well.

7. Remuneration arrangement for content providers/invoicing modalities


7.1 The incoming payments, resulting from sales of the content providers contents, over Education Gateway reach the content provider after a deduction for Education Gateway’s service fee.

7.2 The purchasing an earnings’ accounts are visible for every user. Payouts of the usage fees are made according to the content provider’s request 2 days after the registration of the booking with Education Gateway at the earliest. The user is solely responsible for the correct entry of bank details. Payouts, which could not be completed due to incorrect bank details, expire 8 weeks after the end of the month. Claims to fees under 20€ will not be paid out, but instead be prepaid as credit until the sum is reached. Alternatively, the content provider can rebook the fee as credit onto their purchasing account for purchasing content. The payout and/or transfer of credit back to the earning account is not possible. Education Gateway will inform the user separately of incoming payments/rebooking to their purchasing account.

7.3 If the content-provider provides his contents for free, he has the opportunity to agree into In-Video Advertising in his Contents. He will get a percentage share of this Revenues.

7.4 Education Gateway runs Banner-Ads on learnity.com. The revenue from these banner ads is enabling Education Gateway to offer the Service, watching many courses for free, to all users.

8. Contract running time/termination


8.1 The Learnity.com membership is set for an unrestricted amount of time and can be terminated at any time without need for a notice period, or giving a reason.

8.2 The termination by the user needs to take written form via email to the following address: support@learnity.info. The content provider agrees to the deletion of their account after a successful termination. Content already paid for will remain available to the consumers. Further sales will not be possible.

8.3 The right of both parties to extraordinary termination for important reasons remains intact. Inappropriate use of the services provided by Education Gateway constitutes one such important reason. Especially in the case of repeated offenses.

9. Liability


9.1 Important notice to all link present on any offers from Education Gateway leading to external sites: Education Gateway distances itself explicitly from all content on webpages linked with Education Gateway via links on offers Education Gateway’s services, and accepts no responsibility, or liability, for their content. The content providers of the respective material are solely responsibility.

9.2 Education Gateway is still responsible for external content, to which access for use is mediated, only in accordance with paragraph 8 TMG.

9.3 Education Gateway is responsible for content made available, according to paragraph 10 TMG, only if: a) Education Gateway knows of the unlawful acts or information, and is aware of the facts or circumstances in the case of claims for damage recompense, out of which the unlawful act or information becomes known or b) Education Gateway did not act immediately to remove the information or block access to it as soon as it was made known.

9.4 The users are obliged to inform Education Gateway immediately about apparent unlawful or inappropriate content.

9.5 Despite careful examination, Education Gateway cannot guarantee the constant availability and functionality of its services. Education Gateway is not liable in the case of crashes, loss of data, and failed transfer of data. Education Gateway is entitled to halt its operation, or any service without previous notification. A liability for damages such as consequential damages is also not possible.

9.6 Additionally, Education Gateway is liable only in cases of intention acts and gross negligence. With infringements to important contractual obligations by way of slight negligence, Liability is restricted to the predictable damages. Pre-existing restrictions to the liability are no longer valid if life, body, or health are endangered by the infringement of obligations.

9.7 The user releases Education Gateway from all claims which may arise due to the user’s own actions or actions attributed to them by third parties against Education Gateway.

10. Contractual penalties


For each proven case of infringing act by a user against the obligations laid out in point 3.6 and 3.7 of these Terms and Conditions, Education Gateway can demand the payment of a contractual penalty in the sum of up to 5,100 €. The user can request an examination of the sum individually set by the provider at court. The right of assertion regarding further damages remains reserved.

11. Final provisions


11.1 The services made available by Education Gateway and content are copyright protected. It is not permitted for the user to download this content onto their private or commercial computer, to load, or to print, if not given explicit permission by Education Gateway. The user is also not allowed further usage acts such as copying, sales, or publication if the content.

11.2 Education Gateway reserves the right to change the Terms and Conditions, service descriptions, or the price lists for the purposes of retaining the balance of contractual conditions, provided this resulted by an unforeseeable, especially technical, legal, or regulatory changes after the conclusion of the contract, or as the need arises due the changes in the prices of services of third parties, on whose services Education Gateway relies. A change in pricing is limited to the extent of change in costs.

11.3 A change in accordance with point 11.2 is only permissible in the case that no important regulation in the contract (especially those relating to the extent of contractual services and the time span, including the regulation relating to termination) is effected, and the change, after weighing the interests of both sides, is reasonable for the user.

11.4 The changes mentioned in point 11.2 – which are not exclusively dependent on an increase of sales tax – will be communicated 6 week before they come into effect at the very least. If the user does not reject the change within this 6 weeks period starting the reception of the communique, the change becomes a binding part of the contract. Education Gateway commits itself to informing the user in the aforementioned communique of the consequences of an omitted rejection.

11.5 The transfer of the rights and obligations from this contract by one party to one or more third parties is only permissible with prior consent of the respective party. In the case this prior consent is disregarded, Education Gateway is allowed to offer the contract to a firm pursuant to §§ 15 ff. AktG, or in another company law related manner affiliated with Education Gateway.

11.6 Should any article of this agreement become invalid or inexecutable, the remaining conditions of the agreement will remain intact. In place of the invalid or inexecutable clause, a new clause, suitable and permissible to and for the will of both parties, the financial, and legal liability purposes of the contract, will take effect.

11.7 The use of Learnity website and services, as well as this agreement are subject only to the law of the federal republic of Germany with exclusion of UN purchasing law.

11.8 The place of performance for all two-sided services arising from the contract, including possible claims for restitution, is – inasmuch as legally permissible – Hamburg.

11.9 The courts of law in Hamburg are the sole institution permitted to mitigate any disputes arising from or pertaining to the use of services provided by Education Gateway or these Terms and Conditions, providing the user is a merchant or has no permanent residence in Hamburg, moved their residence or regular place of accommodation abroad after these conditions have taken effect, or if their residence or regular place of accommodation at the time the complaint was raised is unknown.

Date: 01.07.2015