Nutzungsvereinbarung V1.0 (06.09.2019) EN
I. Subject
1. *Lorch Schweißtechnik GmbH, Im Anwnder 24-26, DE-71549 Auenwald*,
operates an eLearning platform under the domain eAcademy.lorch.eu for
the further training of dealers and employees regarding Lorch products.
2. This eLearning platform based on the open source software ILIAS.
3.The platform is directed exclusively at entrepreneurs within the
meaning of 14 BGB and their employees; not at consumers.
II. Registration
1. For theparticipation and use of the eLearning platform a registration
by the participant and a release of this registration by Lorch
Schweißtechnik GmbH is necessary, with which access data are left.
2. Participation possibility, access data and passwords are individual
for each participant and linked to the activity at or with a dealer of
Lorch Schweißtechnik GmbH. Access data may not be passed on to other
employees, not even within a company.
3. Lorch Schweißtechnik GmbH must be informed immediately of any loss/
misuse of the access data and of any change of employer.
4. In case of a change of employer, the participant is not allowed to
use the access data. In this case, a new registration is necessary for
the new employer of the participant.
III. Design and modification rights of Lorch
1. The offer of the eLearning platform is currently free of charge.
Lorch Schweißtechnik GmbH reserves the right to convert this free offer
into a partly or completely paid offer. In the event of a change, the
participant will be informed of this; he can decide whether he still
wants to use the e-learning offer in the case of payment.
2. Lorch Schweißtechnik GmbH is entitled to unilaterally change the terms
of use at any time. In this case, the participant will be informed of
the changed terms of use the next time he uses the offer (login with his
access data) and must accept them if he wishes to continue using the
eLearning platform.
3. The dealer or participant has no right to permanent or future
operation of the eLearning platform. Lorch Schweitechnik GmbH may
discontinue the eLearning platform in whole or in part at any time.
4. The trader or participant has no claim to availability or complete
functionality of the platform at any time. Liability for damages caused
by the complete or partial unavailability of the eLearning platform or
its contents is excluded.
IV. Limited rights of use
The contents posted on the eLearning platform are regularly protected by
special laws (e.g. copyright law). The user is not entitled to use the
content in the eLearning platform outside the platform, to reproduce it
in whole or in part, to make it publicly accessible and/or to publish
it. In particular, the user may not post or publish the materials in
whole or in part in social media or networks or forward them to third
parties.
V. Contents of the user
1. Insofar as it is possible for the user to upload or generate his own
content within the framework of the eLearning platform, the user
guarantees that the uploaded content does not infringe the rights of
third parties. This means that the contents do not infringe the
copyrights, trademark rights, design rights or patent rights of third
parties and that there is no violation of personal rights, e.g. by
depicting persons on photos or inappropriate languages.
2. The user grants Lorch Schweißtechnik GmbH a simple right to use such
content within the framework of the eLearning platform. This right of
use also includes the possibility for other participants of the
eLearning platform to take note of these contents.
3. The customer is not permitted to post content that damages or
destroys the eLearning platform or existing files or that causes
existing information to be altered or spied on.
4. The posting of content with xenophobic, racist, political extremes,
religious extremes, sexually offensive, violence glorifying and
punishable content is prohibited. The same applies to the placement of
advertising.
5. Lorch Schweißtechnik GmbH is entitled to delete contents that
contradict the aforementioned principles at any time and without prior
notice and/or to deactivate and/or delete the user's account.
VI Liability
1. Lorch Schweißtechnik GmbH is liable for damages only in case of intent
and gross negligence. In the case of simple negligence, Lorch
Schweißtechnik GmbH shall only be liable for damages resulting from
injury to life, body or health and for damages resulting from the
violation of an essential contractual obligation, whereby in the latter
case liability shall be limited to compensation for the foreseeable,
typically occurring damage even taking into account at least daily data
backups of the customer.
2 The provisions of the Product Liability Act shall remain unaffected.
3. Lorch Schweißtechnik GmbH cannot assume any liability for the
completeness and correctness of the contents provided. Neither is a
backup of the user's data guaranteed.
VII Data Protection
In all other respects, reference is made to the data protection
declaration https://www.lorch.eu/en/data-protection .
VIII. Arbitration of disputes
Lorch Schweißtechnik GmbH is not prepared or obliged to participate in a
dispute resolution procedure before a consumer arbitration board in the
sense of the Consumer Dispute Resolution Act.
IX. Choice of law
The law of the Federal Republic of Germany shall apply. The provisions
of the UN Convention on Contracts for the International Sale of Goods
shall not apply. |
