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General Terms and Conditions for the use of ViVET

A – Vision and Mission

ViVET facilitates the access to Vocational Education & Training (VET) knowledge for the general public worldwide, according to people’s needs and interests. It is a central resource for eLearning in VET, targeting anybody with an interest in it.

B – Service

ViVET is an online library for vocational videos, courses, trainings and topics in any language and of any faculty from around the globe. The project collects the videos in one freely accessible database. Users can find them according to various criteria: theme, faculty, country, language and others. Besides uploading, embedding or linking content, users are also allowed to edit the metadata, indicate material with inappropriate content and rate the material.

2. Do’s and dont’s – rules of conduct at ViVET

The use of ViVET is only allowed under observance of the legal requirements and the following rules of conduct:

Every user is obliged not to misuse ViVET.

All users are strictly prohibited to:

offer, spread, make accessible or link to (associate by link) any contents or statements of offensive, insulting, violence-glorifying, discriminating, pornographic nature or contents or statements which are calling upon violence, violating the law or offend against common decency

send data, store data on a server of ViVET or do anything that is suitable in kind or composition (e.g. viruses), size or number (e.g. spam mailing), to endanger or diminish the continued existence or operation of ViVET or any other website.

make any commercial offers or offer advertisements to members or third parties, such as the offering of goods and services, as long as this is not expressly permitted by ViVET°

offer, spread, make accessible or link to (associate by links) any copyrighted contents without permission (e.g. photos, text, files, films, software, mp3s)

send chain letters.

3. Access and costs

The use of our archive of links is free of cost and does not require registration. In order to create his own account, the user has to register by choosing a pseudonym and code word and by entering further information which will be treated carefully and under appliance of the law for the protection of external data.

4. The contractual relationship and the right to cancel

The registration generates a contractual relationship subject to these General Terms and Conditions between ViVET and the registering person. ViVET is at any time after notice entitled to cancel this contract relationship with a registered person and delete his data.

All registered persons are at any time entitled to deregister at ViVET – without giving reasons. Deregistration can be done in writing or per e-mail.

5. Liability

The contents of the videos offered will be external content for which ViVET will assume no liability.

ViVET has no control concerning the information entered in the registration.

ViVET will not assume liability for contents and activities of users, for links which lead to other websites or embedded code.

ViVET shall not be liable for any delay, modification, manipulation and/or miscarriage of emails and/or data concerning the entering, acquisition and/or transfer of data, caused by other data-networks, especially the internet, telephone connections and/or hardware or software of the user or a third party.

The same applies to wrong, incomplete, deleted or damaged data or data forwarded through a disconnected transmission.

In case of violation of these terms and conditions, rights of third parties or an act contra bonos mores, the registered person shall be liable for any direct or indirect damage resulting thereof, including any financial loss. Internally, the registered person indemnifies ViVET from any third party claims resulting of such violations or acts.

6. Business

All parts of our service are without engagement and noncommittal. ViVET reserves the right to change, supplement or delete parts of its service or the service in total or to cease business temporarily or ultimately without prior notice.

This includes the information stored at ViVET by its members.

In due time, ViVET will indicate adequate postponement or deletion of data to the user.

Basically, no liability claims against ViVET are possible, which are related to loss, fragmentation or non- accessibility of data and information of the service.

7. Rights

ViVET has the exclusive rights to all own data contents, methods, software, web design, technologies, brands, trade names, inventions and other materials concerning the entirety of the service.

ViVET holds all copyrights connected to the rights mentioned above. Reproduction of contents, methods, software, web design, technologies etc. is not permitted.

8. Data protection

All regulations and agreements concerning data protection are substance of our data protection provisions.

9. Release from Liability

The member indemnifies ViVET from all liability and obligations, expenditures and claims, resulting from defamation, libel, violation of personal rights by other members, malfunction of a service and other members’ violation of rights on intangible goods or other rights. Furthermore, every user indemnifies ViVET from all liability and all claims and costs, resulting from a violation of these General Terms and Conditions.

10. Modification of the General Terms and Conditions

ViVET is entitled to alter the service and these General Terms and Conditions at any time with effect for the future. In this case, the registered person will be informed explicitly on the website and by email.

Unless the registered person objects within two weeks after notification of the modification, the modifications shall be deemed to be accepted. Should the registered person object to the modification, he shall be entitled to terminate the use of the service immediately.

11. Salvatorian Clause

The nullity of any of the provisions herein shall not affect the validity of the remaining provisions of these General Terms and Conditions. In the event of the ineffectiveness of a regulation, such a regulation is deemed as agreed upon which corresponds as closely as possible to the sense and purpose of the ineffective provision in a manner that is in conformity with the law. The same applies for unrecognized regulation gaps.

12. Adequate Dispute Resolution, ADR and Arbitration Clause

ViVET believes in Adequate Dispute Resolution. Therefore all disputes which may result from the legal circumstances listed in this document shall be subject to Adequate Dispute Resolution. To reduce costs mediation and conciliation shall be the dispute resolution methods and the parties will share the costs of such procedures according to a decision on the costs of the procedure within the negotiations. The parties shall seek a mutual decision if mediation or conciliation shall be the first stage of dispute solving. If no mutual decision can be made on the place of negotiation, Berlin shall be the place of the procedure. If no final and binding decision can be reached by mediation or conciliation, any dispute, claim or controversy arising out of or relating to these terms and conditions or contracts between ViVET and users of the services provided by ViVET or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be setteled by arbitration to the exclusion of the ordinary courts of law. Place of Arbitration shall be Chamber of Commerce and Industry in Berlin, Fasanenstraße 85
10623 Berlin.

13. Final Clause and Data Protection

13.1. ViVET commits to observe the data protection regulations of the Federal Republic of Germany, especially the General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG) as well as the data protection law on teleservice (TDDSG).

13.2. According to §3 (1) of the Data Protection Act (BDSG), personal data are particulars about personal or factual conditions of a certain or determinable natural person. This includes information such as your real name, postal address or telephone number, whereas non-personal data are anonymous data such as the number of users of this website for example.

13.3. When registering, ViVET asks you for your Email address and other personal information. Such information will be stored on the ViVET server and treated confidentially. Your personal information will be collected solely if you make it expressly available for ViVET.

13.4. ViVET does not forward your personal data to a third person unless in case of your explicit prior consent. In the case of a notice of abuse, the IP-address of the objected pseudonym will be stored one-time at the first login after the notice of abuse and, in case of a court order, will be forwarded to the responsible law enforcement agency together with the other personal data. Should the report of abuse turn out to be unsubstantial, the stored IP-address can be deleted immediately.

13.5. ViVET collects demographical Data (age, sex, residence…) about the use of its service. This data will be stored separate from the personal information under a pseudonym and will not allow inferences to individuals. By collecting this data ViVET pursues following objectives:

ViVET likes to offer its users a customized online supply with contents and services which are relevant for you.

ViVET will separate personal and demographic information to protect your privacy in each moment.

ViVET publishes generalized user statistics to describe our service to our potential partners and other legal purposes. You can object to this use by sending us an Email to support@world-lecture-project.org. In that case Please indicate your username and your password.

13.6. Cookies are small textfiles used by many websites to identify regularly recurring visitors. Cookies cannot invade into the system of the user and do damage there. ViVET uses cookies to identify you during your visit as a registered person.

13.7. We point out, that partners of ViVET and other Internet-Sites and -services available through our service, as well as partners collecting data in connection with contests, promotions or the like, have their own data protection provisions, independent of ViVET’s.

ViVET does not assume responsibility or liability for those regulations and methods not associated to ViVET.

13.8. ViVET reserves the right to make changes to these provisions at any time under observance of the data privacy laws.

14. ViVET Disclaimer

The National Agency of Erasmus+ Program and the European Commission are not responsible for any contents of communications or publications in any forms related to the Project, for using the platform or any part it, and for any use that may be made of the information it contains.

All texts on ViVET are following the CC lisence.

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