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Terms & Conditions regarding the use of MoLeaP – The
Mobile Learning Project Database
(last revised on 05th January 2010)
Preamble
MoLeaP – The Mobile Learning Project Database is a service provided
by Judith Seipold, (Falkensteinstrasse 3b, 34305 Niedenstein, Germany) and
the London Mobile Learning Group (LMLG), (Dr. Norbert Pachler, Institute of
Education, University of London, 20 Bedford Way, London WC1H 0A, U.K.) (hereinafter
called "MoLeaP").
MoLeaP is an on-line service which is made available for the purpose of scientific
research and practical teaching. The intention is to enhance the theory and
practice of mobile learning via the Internet.
The MoLeaP database invites projects which focus on the use of mobile media
relevant to teaching and learning, within as well as outside a school environment.
In addition to project descriptions, also mobile applications and resources
such as URL links to project websites, texts, services as well as similar tools
and aids may be entered.
Users (hereinafter called "users") of MoLeaP have the possibility
to seek information on the practice and theory of mobile learning.
Contributors (hereinafter called "contributors") provide data of
relevance to the field of knowledge outlined above, making their pratical examples,
experiences, theories, products, resources, or services related to mobile learning
available to a wider audience via MoLeaP.
Partners enter into a strategic partnership with MoLeaP, e.g. by providing distribution channels. Partners express their support of the MoLeaP initiative by placing their logo on the MoLeaP website, and by placing the MoLeaP logo on their own website and disseminating it through other distribution channels.
MoLeaP provides its service on the basis of these Terms and Conditions. By
registering or using this service, the user/contributor/partner consents to
the validity of these Terms and Conditions. If the user/contributor/partner
does not wish to be bound by these Terms and Conditions, he may not use the
service provided.
1. Scope of application and alterations to the Terms and Conditions
(1) The present Terms and Conditions lay down the conditions under which users,
contributors and partners are entitled to use the service provided by MoLeaP.
(2) MoLeaP reserves the right to change or modify the Terms and Conditions
with future effect. In this case the user/contributor/partner will be informed
accordingly on the MoLeaP website. Unless the user/contributor/partner expressly
objects to these changes within four weeks after receiving notification, the
changes will be deemed accepted. In any other respect, the changes are deemed
accepted with the further use of the service.
2. Services provided by MoLeaP
(1) MoLeaP is a multimedia platform which seeks to give users/contributors/partners
the possibility to make specific contents and information available to the
public. To this end, MoLeaP makes specific means and services available through
its website, database and related services which contributors may use to publish
their entries. Entries shall be defined as any form of data (texts, images,
videos, weblinks etc.) which are contained in projects, applications, or resources
relevant to the field of mobile learning.
(2) By accepting the Terms and Conditions, users/contributors/partners are
entitled to use the contents of the MoLeaP database as a research tool within
the scope of these Terms and Conditions.
(3) Similarly, MoLeaP makes its own contents available for use by users/contributors/partners
within the scope of these Terms and Conditions.
(4) Upon successful registration, MoLeaP allows the contributor to upload
his data to the MoLeaP database by using an on-line input surface.
(5) MoLeaP grants the contributor a non-exclusive right to publicly display
the MoLeaP logo on advertising materials and/or on the contributor's website.
3. Partners
(1) Partners enter into a strategic partnership with MoLeaP, e.g. by providing distribution channels. Partners support MoLeaP by placing their logo on the MoLeaP website, and by placing the MoLeaP logo on their own advertising materials and/or their own website.
(2) To allow the partner to place his logo on the MoLeaP website, MoLeaP offers
appropriate means and services to the partner free of charge. For this purpose,
the partner grants MoLeaP the non-exclusive free right to use his logo for
display on the MoLeaP website.
(3) For the purpose of placing the MoLeaP logo on advertising materials and/or
on the partner's website, MoLeaP grants the partner a non-exclusive free right
to use the MoLeaP logo.
4. Registration and conditions of participation
(1) Before posting entries on the MoLeaP website, the contributor must register
with MoLeaP.
(2) The contributor is obliged to complete all fields on the registration
form and to verify that the information given is true and correct. Registration
will only be successful if all applicable and mandatory fields are completed.
(3) Subsequent to his registration, the contributor will be assigned personal
access data needed for using MoLeaP. This personal access data is intended
for exclusive use by the contributor to whom this information was sent upon
registration.
(4) Only individuals with unlimited legal capacity are entitled to use the
service.
(5) The contributor is obliged to keep the personal access data assigned to
him safe and secure and protect it against misuse by third persons.
5. Granting of rights, legal guarantee and utilisation of contents
(1) By uploading entries to the MoLeaP database, the contributor grants MoLeaP
a non-exclusive free right to make these entries and their contents available
to the public. This also includes contact details which the contributor passes
on along with an entry. The contributor in particular grants the following
rights to MoLeaP:
- the right of reproduction,
which is the right to produce copies of the work (in this case content), temporary
or permanent, in any form or number;
- the right of distribution,
which is the right to offer or issue the original work or copies of the work
(in this case content) to the public;
- the right of public display,
which is the right to make the work (in this case content) available to the
public, wired or wireless, in a way to allow members of the public to access
the work at any place and time convenient to them.
(2) The contributor grants MoLeaP the right to process the uploaded contents,
in particular for the purpose of adjusting them to the required formats or
enhancing the quality in which they are presented.
(3) MoLeaP reserves the right to use the database contents for scientific
research purposes and for educational purposes as well as any other purposes
related to teaching. This includes in particular their release on the MoLeaP
website, in publications and in presentations. MoLeaP, for its part, is obliged
to make reference to the project operators and owners of the user rights as
indicated in the database.
(4) The contributor guarantees to MoLeaP that he possesses all relevant rights
to use the contents he has uploaded and that he does not violate any third-party
rights, any statutory provisions nor any of the provisions of these Terms and
Conditions. If the contributor is not the exclusive owner of the rights to
the contents uploaded, he guarantees that he has obtained all transfers of
rights, licenses, permissions, consents etc. with legal effect. Should the
contributor violate these guarantees, he shall release MoLeaP, in accordance
with article 12, from any liability towards third parties and fully indemnify
MoLeaP.
(5) The contributor grants permission that his contents are made publicly
available and may be used by third parties for their own purposes.
(6) The contributor grants permission that MoLeaP make reference to MoLeaP's
services by using the contributor's name or contents vis-à-vis third
parties free of charge.
(7) The rights granted to MoLeaP by the contributor shall expire upon the
termination of participation or after MoLeaP deletes the contents from the
database.
6. Free-of-charge use
Users, contributors and partners are entitled to use MoLeaP free of charge.
7. General obligations of the contributor
(1) The contributor agrees to provide the relevant entries and take care of
their selection, formatting, categorisation, editing and processing.
(2) The contributor is obliged to check before uploading whether the contents
he intends to upload comply with the provisions of these Terms and Conditions
and with the legal requirements.
(3) The contributor is obliged to produce at least one backup copy for himself
and keep this copy for at least six months after the entry expires.
(4) The contributor is entitled to make reference to his collaboration with
MoLeaP by using the MoLeaP logo on his advertising material, in particular
on his own website/s (if available),
8. Liability and forbidden contents
(1) Although MoLeaP checks and inspects all contents before making them public
to assure a certain level of scientific quality, the responsibility for any
contents (information, data, texts, software, music, sounds, photos, graphics,
videos, news, or any other material) which are stored, published or transmitted
by contributors by using MoLeaP's service lies exclusively and absolutely with
the contributor who has created such contents.
(2) Within the scope of the services offered by MoLeaP, the user/contributor
is not permitted:
- to store, publish and/or transmit any data, texts, pictures, data files,
links, software, or any other contents which, in accordance with the relevant
statutory provisions or in the opinion of MoLeaP, are illegal, detrimental,
threatening, abusive, pestering, slanderous, vulgar, obscene, hate-inciting,
racist or reprehensible in any other way or may be detrimental to minors in
any way, in particular contents that are pornographic, glorify violence, or
are dangerous for young people in any other way;
- to store, publish and/or transmit contents that violate the rights of third
parties, in particular patents, brandnames, copyrights or ancillary copyrights,
business secrets, personal rights, or property rights;
- to store, publish and/or transmit contents that you are not entitled to
convey;
- to identify yourself as a different person when using the service provided
by MoLeaP, e.g. as a representative of MoLeaP or as any other person responsible
for the offer in any other way, or to wrongfully claim to have a relation to
such persons;
- to falsify headers or manipulate identification in any other way in order
to conceal the origin of contents transmitted within the scope of the service;
- to store, publish and/or transmit unwanted advertising, promotional material,
junk e-mails or mass e-mails (“spam”), chain letters, snowball
systems, or any other advertising;
- to harrass, insult, threaten, slander, pressurise or embarrass a natural
person, legal entity or enterprise, or to create trouble in any other way,
or to state or spread untruths about a natural person, legal entity or enterprise.
(3) MoLeaP reserves the right to reject, exclude, or delete contents with
immediate effect and without giving reasons, in particular if these contents
violate any statutory provisions or these Terms and Conditions.
9. Notification of infringements of rights
(1) MoLeaP respects the intellectual property of third parties and encourages
the users/contributors/partners to do so as well.
(2) If a user/contributor/partner feels that his copyrights or any other of
his proprietary rights are violated as a result of the contents provided by
a different contributor, he shall inform MoLeaP thereof in due course.
(3) If any further contents have been uploaded to the MoLeaP database of which
the user/contributor/partner feels that they violate these Terms and Conditions
or any statutory provisions, MoLeaP requests to contact the address indicated
in the imprint and provide MoLeaP with detailed information as to the place
where the content in question is stored.
10. Data privacy
The service provided by MoLeaP is subject to the data
privacy declaration set up by MoLeaP, of which the user/contributor/partner has taken notice.
11. Liability, warranty, web links
(1) Claims for damages against MoLeaP are precluded irrespective of the legal
ground, unless MoLeaP, its legal representatives, or the persons employed in
performance of an obligation have acted willfully or by gross negligence. MoLeaP
will only be liable for slight negligence if a contractual liability essential
for attaining the purpose of the contract was violated by MoLeaP, its legal
representatives, or its executive personnel, or the persons employed in performance
of an obligation.
(2) This disclaimer of liability does not apply to claims for damages resulting
from injury to life, body, health or the assumption of a guarantee of quality
or fraudulent concealment of defects on the part of MoLeaP.
(3) Should MoLeaP be liable for slight negligence in accordance with item
1, the claim for damages will be limited to the foreseeable damage that could
typically be expected in connection with the contract.
(4) Claims for damages from MoLeaP are subject to a 12-month limitation period
from the time they arise, unless they are based on an unlawful act or intentional
damage.
(5) If MoLeaP's liability is excluded, this will also apply to enterprises
connected to MoLeaP as well as to a personal liability of employees, staff
members, representatives, partners and persons employed in the performance
of an obligation associated with MoLeaP or with enterprises connected to MoLeaP.
(6) MoLeaP offers its services with the reservation that these services may
be interrupted or discontinued at any time. Users/contributors/partners will
use the service at their own risk. This applies in particular to the downloading
or any other use of contents, in particular of contents provided by other contributors.
Users/contributors/partners bear sole responsibility for any damage to their
computer system or any other technical equipment used, for the loss of data
or for any other damage and also for damage incurred by third parties, which
they have caused in this connection.
(7) MoLeaP does not guarantee that the service will meet with the user's/contributor's/partner's
requirements and will be available at any time without any interruption, up-to-date,
safe and without fault. MoLeaP does not give a guarantee with regard to the
results that may be achieved by making use of the service, or with regard to
the accuracy and reliability of the information available within the scope
of the service. MoLeaP does not guarantee either that the hardware and software
used for providing the service will always work faultlessly, or that any faults
in the hardware or software will be corrected, and will not assume liability
for damage resulting from the use or the impossibility to use the service provided
by MoLeaP, including loss or corruption of data. In particular, MoLeaP will
not assume liability for the cost of procurement of replacement or for costs
incurred in connection with any goods or services obtained, any news received
or any other business deals or any alteration of entries or data, or in any
other way. MoLeaP will not assume liability either for the conduct of users/contributors/partners
or other third parties, or for contents or declarations passed on by users/contributors/partners
or other third parties within the scope of the service.
(8) The service provided by MoLeaP may include links to other websites and
services. MoLeaP does not check the objectives of these links, nor adopts these
contents and excludes any liability or warranty with regard to these contents.
12. Release from liability
The contributor herewith declares that he will release and indemnify, upon
the first request, MoLeaP, any enterprises connected to MoLeaP as well as the
employees, staff members, representatives, partners and persons employed in
the performance of an obligation associated with MoLeaP or with enterprises
connected to MoLeaP, with regard to claims of any type which are raised by
third parties on the basis of or in connection with contents that the contributor
stores, publishes or transmits within the scope of the service offered by MoLeaP,
or which are raised on the basis of his use of the service or on the basis
of violations of these Terms and Conditions or of rights of third parties.
This will include in each case adequate lawyer's fees and legal costs.
13. Termination and exclusion from participation
(1) The contributor may cancel his member account at any time for any reason
whatsoever. MoLeaP will then delete all of the contributor's data stored.
(2) The contributor grants permission that MoLeaP may, at its own discretion
and for any reason whatsoever, terminate his password, member account (or parts
or certain contents thereof) or any other utilisation of the services, and
may delete any contents. This applies in particular if MoLeaP assumes that
the contributor violates any statutory provisions or these Terms and Conditions.
(3) The contributor grants permission that, in accordance with the provisions
of these Terms and Conditions, his access to the service provided by MoLeaP
may be interrupted without previous notice and that MoLeaP may block or cancel
the contributor's member account and any of his contents with immediate effect
and/or restrict any further access to such contents or to the service provided
by MoLeaP.
14. Proprietary rights of MoLeaP
(1) The user/contributor acknowledges that all rights to the service provided
by MoLeaP and its identification including any rights with regard to trademarks,
patents, copyrights or licences or other rights or comparable legal positions
are exclusive to MoLeaP. The user/contributor/partner will not use these without
previous express and written permission from MoLeaP or remove any references
to the proprietorship of MoLeaP. In particular, the user/contributor/partner
shall not be entitled to use the brandname MoLeaP, to copy, change or disect
software, to process it or try to find out the source code, to sell or assign
software, to grant any sub-licences in this respect, to transfer any rights
to the software, or to claim any rights whatsoever. To clarify matters, the
above does not apply to the contributor's own contents which he has uploaded
to MoLeaP. In this regard, however, the user/contributor/partner will respect
the rights of other authorised persons to these contents.
(2) Article 2 item 5, article 3 and article 7 item 4 of these Terms and Conditions
remain unaffected by the above provision.
15. Final provisions
(1) If individual provisions of these Terms and Conditions are or become ineffective,
the remaining provisions shall not be affected. Ineffective provisions shall
be replaced upon mutual agreement by other provisions which, considering the
diffferent interests of the involved parties, are suited to achieve the desirable
economic purpose. The same applies in the case of a regulation gap which may
emerge from these Terms and Conditions.
(2) Any changes and amendments to these Terms and Conditions must be made
in writing in order to be effective. This also applies if the requirement for
written form is to be waived.
(3) These Terms and Conditions are subject to the laws of the Federal Republic
of Germany. The place of performance and sole place of jurisdiction is Kassel,
Germany, as far as it is legally admissible.
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