Comment on these Terms and Conditions
A gender-sensitive language is one of the basic communication principles at iversity. However, when it comes to official wording and legal terminology this is unfortunately not always possible. We therefore apologize for instances of failing to fully adhere to the standards of gender-sensitive writing in the following terms and conditions. Of course, we continue to do our best wherever we can to write and speak in a gender-sensitive manner.
iversity.org is an internet based platform run by iversity GmbH, which provides its users with online tools for collaboration and presentation.
iversity is a social network aimed primarily at researchers, teachers and students. These individuals may within the framework of classes, groups and conferences as well as gather and discuss work materials. iversity therefore caters to the need of communication between teachers and students and provides to this end the technical platform. iversity GmbH does not participate in the content related exchange amongst users.
Due to the academic environment of iversity, the iversity GmbH aims to keep a healthy balance between the free flow of information and intellectual property, keeping the best interest of its users in mind. The iversity GmbH is aware that the users of the platform expect all personal data conveyed to iversity to be handled with utmost care.
Our basic principle: The user has complete control over the content posted by him or her (such as files, discussions, links, etc.) and over who can access his or her content. The only content publicly visible is the one which the user himself has marked as visible for other visitors of the platform.
Any rights of use are granted to the iversity GmbH to the extent which is required to operate the platform and visualize the content. Apart from that the user retains all rights to the content entered or uploaded by him.
iversity GmbH expects its users to display the same level of care in dealing with the personal and intellectual property rights of other users and rights holders.
To ensure a productive and safe workenvironment, adhering to some general principles is indispensible. These principles are mentioned in the following terms and conditions. By registering or using iversity the user agrees to the accept the validity of and ensure compliance with these terms and conditions.
The user enters into agreement with iversity GmbH Dahlwitzer Straße 78, 15366 Neuenhagen bei Berlin to use the services of iversity. Further contact details can found in the Imprint section of the iversity website.
The user can read and print, download and save these terms and conditions at any time, even after the conclusion of the agreement on the iversity website by following the link terms and conditions.
The following terms and conditions apply to the use of the platform iversity and to all connected services offered by iversity GmbH. The terms also apply to the use of iversity via mobile devices.
2. Registration, Agreement
2.1 In order to be able to use iversity the user is required to register. The registration is free for all users.
2.2 The registration process for iversity begins with filling out a registration form. The user has to make sure the data provided is complete and correct. It is forbidden to register an account with third-party information or otherwise inaccurate information. In particular, iversity GmbH warns against the abuse of titles and occupational titles (§ 132a StGB). The user is also required to notify iversity GmbH of any changes in his data immediately.
2.3 The user has the option to upload a profile picture when filling out the registration form. When choosing to do so the user is required to adhere to the duties of the user listed in point 9.
2.4 The iversity GmbH will confirm the receipt of the transmitted data by sending an e-mail to the e-mail address provided by the user during the registration process. The confirmation e-mail from iversity GmbH represents an offer to conclude a usage agreement. The user accepts this offer by confirming the registration via an activation link sent by e-mail. After doing so, the usage agreement between the iversity GmbH and the user is concluded.
2.5 Following the successful completion of the registration process, the user can access iversity via the login area. For this the e-mail and the user-specific password have to be entered (i.e. login information, see section 3 below).
2.6 By filing a registration the user is not automatically eligible to enter into a usage agreement with iversity GmbH. iversity GmbH may refuse a registration without stating the reasons for the decision made.
3.1 The login information (see section 2.6) as well as the user account are not transferable and may only be used by the user. Himself. The login information has to be kept safe and may not be divulged to any other person. The user is required to keep the login information confidential in order to prevent any unauthorized use of iversity by third parties.
3.2 As soon as the user learns of or suspects an abuse of his access, the user shall notify iversity GmbH immediately. The user is liable for all consequences of third party use, provided that the abuse of login information was within his area of responsibility. In particular, the user is liable if he enables the unauthorized use of login information through negligence. The user's liability terminates once he informs iversity GmbH about the unauthorized use or loss of login information and changes the password, if required.
3.3 The iversity GmbH is entitled to temporarily or permanently lock the user's account and / or withdraw access rights from the user with immediate effect or within a period of time at the discretion of iversity GmbH. Further, iversity GmbH is entitled to terminate the usage agreement extraordinarily and without notice in case the user violates these terms and conditions, especially in case of
- - providing false information on registration,
- - unauthorized disclosure of access and / or
- - other forms of abuse of iversity (i.e. the online platform)
5. Contractual Object - what does iversity provide?
5.1 The iversity platform offers various applications. These applications are in particular:
- - the provision of so-called profiles and functions for uploading data and content (eg text, pictures, graphics),
- - the provision of functions to communicate with other users of iversity, especially for links, literature recommendations, documents and other content to lead discussions, and through the app "Crocodoc" the collaborative commenting of texts, course materials and tasks,
- - the provision of functions for the purpose of creating groups for organizing and sharing lectures, workshops or conferences, and
- - the provision of a print-on-demand service, through which content can be organized and ordered as a paper edition.
5.2 iversity's primary function is to bring together users and to give them the opportunity to communicate. In order to accomplish this iversity GmbH provides technical applications. iversity GmbH does not participate in content-specific communication amongst users.
5.3 iversity GmbH shall inform the user about news on iversity (in particular on new features of the service) as well as about new content in the groups in which the user is registered via e-mail to the e-mail address provided during registration process. The notification on new content in the groups can be turned off in the user's profile settings. If the user does not want to receive news about iversity, he can unsubscribe the service by sending an e-mail to firstname.lastname@example.org. The iversity GmbH indicates this in every newsletter.
5.4 The exact scope and details of the functions are explained on the iversity website in detail.
5.5 The iversity GmbH offers alongside its own functions third party functionalities in the form of "Apps" or links third party offers. In such cases the Apps or third party offers are clearly marked as such. The iversity GmbH is not responsible for these offers and Apps and cannot actively influence them in any way. Any contracts resulting from third party offers and Apps come into force only between the user and the third party, governed by the provisions of the respective provider.
6. Free of charge services, Duration of contract and Termination
6.1 The registration and use of the platform iversity, with the exception of the print-on-demand service (see section 7.), are free of charge.
6.2 The iversity GmbH aims to develop the platform iversity gradually and in close collaboration with the users. Therefore the iversity GmbH reserves the right to expand, supplement and modify the services offered on iversity or offer different services. However this should not lead to any unreasonable restrictions for the user's current work organization on iversity, since the aim is to improve the system and not to reduce the functionality. All data collected by the user remain unscathed in the event of extensions, supplements or modifications to the service, unless the user explicitly consents to the deletion of certain data or arranges the deletion himself.
6.3 The usage agreement is concluded for an indefinite period of time.
6.4 Both parties may terminate the usage agreement without any further clarification with proper notice and a termination period of two weeks to the end of the month. The right to an extraordinary termination based on important grounds remains unaffected. The termination shall be performed by e-mail to iversity GmbH (e-mail address see Section 7.9). In order to ensure a successful termination, the user must use the E-Mail address which was used in the registration process. The user can also state the cancellation by deleting his account with the corresponding function on the website.
6.5 Upon termination, the user account will be closed and the user profile including the content and profile pictures will be irrevocably deleted by the iversity GmbH. A recovery of the content after termination is technically not feasible. However, data and content that the user has released for other users to access (e.g. via groups) will not be automatically deleted even after the contract has been terminated (see also section 8.3.2). If a user wishes to delete data published and shared by him, he is responsible for the deletion of such data before the termination of the agreement. The iversity GmbH is not liable for the use of data and content by other users, which the user has not deleted before his contract has been terminated.
7. Paid print-on-demand service
7.1 iversity GmbH reserves the right to offer in addition to its free services a for-charge print-on-demand service. A print-on-demand order is only issued when the user placed an explicit request. The print-on-demand service, allows for various documents and content to be compiled together on iversity and printed as hard copies bound in different ways to be shipped to the relevant delivery address. The details of the print-on-demand service can be found on the website of the iversity GmbH.
7.2 The user makes a binding offer to conclude a contract for the printing and delivery of the print editions, by clicking on the button "Submit Order" at the end of the ordering process. iversity GmbH accepts the offer via a confirmation e-mail. Reserving the right to reject an order without any further explanation iversity GmbH has to confirm the order within 7 days after receipt. With the order confirmation, the contract between the user and the iversity GmbH is concluded.
7.3 The prices displayed on the website at the time of the order apply to the respective order placed. All prices are inclusive of VAT plus any applicable shipping costs, which are reported separately on the website.
7.4 Unless otherwise agreed, the goods are shipped to the address specified by the user at the latest within 14 days after order confirmation.
7.5 The iversity GmbH reserves the right to offer the user a variety of payment methods, which are displayed on the website in detail. However, the user shall have no right to claim to pay using several different payment methods.
7.6 Unless otherwise agreed, the amount invoiced is due within two weeks after receipt of the invoice.
7.7 The delivered goods remain the property of iversity GmbH until full payment of the invoice.
7.8 If user is a consumer (see 7.9 below), he has a statutory right of withdrawal, he has to bear the costs of returning the goods in case the price of the goods does not exceed 40 euros or if the price exceeds that amount, but the user has not yet paid or fully paid a the price of the goods at the time of the withdrawal, excluding the case that the goods do not match the ones ordered.
7.9 If the user is a consumer according to § 13 of the German Civil Code he has the right a statutory right of withdrawal. This means he is an individual who concludes the contract to order print editions for a purpose on iversity, which is neither attributable to a commercial or a freelance occupation. Pursuant to § 312 d paragraph 4 No. 1 German Civil Code, the statutory right of withdrawal for consumers is not valid in the case of goods which are produced according to customer specifications or are clearly tailored to the customers personal needs. Moreover, on the existing right of withdrawal the provider directs as follows:
Guidance for withdrawal
You may cancel your contract within 14 days without any further clarification in writing (eg letter, e-mail) or - if the goods are handed over before the deadline expires - by returning the goods. This period starts after receipt of this guidance in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB draft Law as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. In order to comply with the withdrawal period it is sufficient to send the withdrawal or the good. The withdrawal must be sent to:
Dahlwitz Straße 78
In the case of an effective withdrawal, in the case of an effective revocation the mutually received benefits are to be returned and if so derived profits (eg interest) are to be returned. In case you are unable to reimburse us either in total or partially for services and benefits (eg advantages) received, you are required to offer a compensation of equal value. For the deterioration of the good and the derived benefits, compensation has only to be paid if the use or the deterioration is due to the handling of the good, exceeding the testing of the good's properties and functionality. While "testing of the good's properties and functionality" refers to the testing and evaluation of the respective goods, such as in a store. Goods suitable for shipping via parcel post may be returned at our risk. You have to bear regular costs of returning the goods, if the delivered goods are as ordered and if the goods if the price of the returned goods does not exceed 40 euros or, if the good is priced above this amount, you havent made a consideration or a contractually agreed partial payment. Otherwise, the return of the good is free for you. Goods not suitable for shipping via parcel post will be picked up at your address. Obligations for the refund of payments must be met within 30 days. The period starts for you when dispatching your withdrawal for us with its receipt.
End of the guidance for withdrawal
8. Content from users, copyrights and other rights to content
8.1 The user retains all rights on his copyrighted works and any other rights to the content of these works (e.g. accomplishment protection rights). This principle applies even after publication of content on iversity.
8.2 iversity allows the user to create groups such as lectures, workshops or conferences. In these groups users can publish articles, texts, pictures, teaching materials and other content (hereinafter referred to as "content") and make them available to other users. When creating a group the user can decide whether the group should be password protected or open to everyone. In password-protected groups, users can decide for each individual contribution to be visible only for the members of the group or to be publicly visible. This setting may be changed at any point in time. If the group is set as publicly accessible, by its creator, all contributions/uploads by users will be publicly available. These settings can be changed by the creator of the group at any time.
8.3 The service offered by iversity GmbH is limited to the operation of the portal iversity and the display of content published by users as well as facilitating communication between the users. In order to operate iversity the iversity GmbH requires the following rights to the content produced by the users:
8.3.1 When the user publishes content on iversity, he grants iversity GmbH transferable, non-exclusive, rights of use, unlimited in time and without geographic restriction to the extent necessary for operating the portal iversity. In particular, he grants the right to technically make the respective content available for retrieval and to make any adaptations and copies of it that are required for this purpose (storage on the servers of iversity, etc.). In addition, the user grants iversity GmbH in its capacity as the operator of the portal the right to archive, to make available to the public, to send or to otherwise publicly reproduce content. This includes the right to use iversity within the context of current additional functionalities, such as copying, editing and storing of documents published in the "Crocodoc" app, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services), and the use of content on optimized versions of iversity on mobile devices or within the framework of appropriate apps. The rights granted are always limited to functions and features of iversity (such as user specified access restrictions for certain groups, see section 8.2.). The iversity GmbH also reserves the right to open the iversity portal using an appropriate application programming interface (called API), so that iversity may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by the user. Again, the user can determine whether the contents are accessible to the public or only accessible in a password protected group. In that regard, the user grants the iversity GmbH the transferable, non-exclusive, rights of use, unlimited in time and without geographic restriction to allow the third parties to access and any possible subsequent public disclosure or transmission of the content.
8.3.2 The iversity portal thrives on user generated information which are linked together in various ways and in some cases build up on one another (especially in discussions and comments of individual group members). The user rights granted are pursuant to Section 8.3.1 irrevocable and continue on even after the termination of the usage agreement. Content that the user has uploaded to iversity, to individual groups within iversity or for all users of iversity, can therefore remain available, even if the individual is no longer a registered user of iversity. This is also applies for the user profile, which in any case will be deleted (if the user decides to terminate his iversity membership) (see section 6.5).
8.3.3 Without prejudice to 8.3.2 iversity GmbH reserves the right to delete contents without any further explanation. After the termination of the usage agreement there shall be no claim for a certain content to remain online.
8.3.4 The rights conferred to iversity GmbH in the provisions above do not allow the company to sell or divulge outside of the portal, any content provided by the user. Any reproduction or use of the contributions and their content in other electronic or printed publications outside of the offering of iversity without the prior written consent of the author is not permitted. If users delete their data the license agreement with iversity will also be terminated.
9. Rules for the use of the iversity portal and for posting content
Via the iversity portal iversity GmbH provides the technical conditions for users to exchange content. The portal facilitates an open exchange of experiences and opinions of the users, neither one can be actively influenced by iversity GmbH. Only to the extent that it is obligated by law or officially, will iversity GmbH examine specific content and remove or take appropriate measures, if necessary. Therefore it is of outmost importance that users respect the rights of third parties, and generally commit to a respectful interaction and mutual consideration among themselves. This includes, in the area of exchange of views and discussions, tolerance and the openness towards different-minded people and the readiness for constructive conflict resolution when needed. The user commits within the framework of the portal in particular to observe the following rules:
9.1 Stalking, which is defined by the deliberate and repeated (persistent) tracking or harassment of other users, is prohibited when using the portal. Once another user states that he doesn't or no longer wants to be contacted his wish must be respected. Also, mobbing in any way or form is prohibited on the platform, No user may harass other users or third parties constantly or repeatedly and regularly torture them mentally or hurt them emotionally. iversity GmbH reserves the right to the extraordinary termination of the contract in particular (see Section 6.4) and will inform the appropriate law enforcement authorities, should it take any notice of stalking or mobbing cases.
9.2 iversity is a network solely designed for the personal use of the users and for the exchange between scientists, educators and students. Therefore any commercial use of iversity is permitted only with explicit authorization from iversity. This particularly concerns the provision of chargeable goods or services of any kind or an invitation to make an offer accordingly, and the implementation, application and promotion of structural distribution measures (such as multi-level marketing or multi level network marketing), the display of premium rate phone numbers or premium SMS numbers in the context of the portal. This prohibition also applies in relationships between users, provided that the communication takes place using the services of the portal, as well as for the advertisement of paid goods or services offered by third parties. However, it is permissible for the user to recommend for its respective group his own books, scripts or teaching materials.
9.3 The user shall only make true and non-misleading statements in his profile and his communication with other users. When setting a profile picture, he must ensure that the public display of his photos is permitted and does not contain references to logos, trademarks or other proprietary information on businesses and the display of the photo does not violate any applicable laws or rights of third parties. This applies in particular to personal rights and the right to one's own image.
9.4 The user shall ensure that the reproduction and public display of content submitted by him, including text, images, graphics, videos, etc. on the iversity website is permitted. He has to particularly ensure that by uploading contents to the iversity website he does not violate any copyright and ancillary copyright protected positions of third parties (eg by uploading plagiarism of scientific papers, pirated movies or software, etc.), no personal rights, rights to one's own image, and no trademark rights held by third parties (brands, company names, titles, etc.).
9.5 The user is obliged to adhere to any applicable laws when using the content and services of iversity. In particular, tt is prohibited to upload content of unconstitutional organizations and the proliferation of unconstitutional, particularly racist ideas, the dissemination of pornographic material, content that is libelous, slanderous or otherwise defamatory content, or otherwise violative of statutory regulations (e.g. Criminal Code, Youth Protection Act, Privacy Act, Copyright Act, Trademark Law).
9.6 Any improper use of the portal is prohibited. An improper use occurs in particular:
- - if data on the portal iversity is altered, deleted, suppressed or rendered unusable without authorization,
- - the use of mechanisms, software or scripts in connection with the use of the portal iversity, which are likely to affect the operation of the platform.
- - by blocking, overwriting, modifying and copying of content, unless it is necessary for the proper use of services on the iversity website. Copying by means of robot / crawler search engine technology is for example not necessary for the proper use of services on the iversity website and is therefore prohibited.
- - when disseminating and publicly reproducing content on the iversity website or content from other users, where the user himself has no explicit distribution right.
- - every action that is likely to affect the functionality of the iversity infrastructure, especially burdening it unduly,
- - the introduction of malicious code such as viruses, worms, Trojan Horses and related scripts or programs,
- - the simultaneous sending of chain letters and the sending of identical private messages to multiple users unknown to the user,
- - in case of any insinuating or sexual communication (explicit or implicit).
9.7 Before setting up links, the linked content is to be checked for rights violations. Linking to illegal sites, especially with an extremist, xenophobic or offensive content is prohibited. The iversity GmbH expressly disassociates itself from the linked content and assume no liability for it. For the content of these websites solely the operator shall be responsible.
9.8 The portal iversity allows to interact with other users, invite them to specific groups or to point other users to particularly interesting content. These features of the portal may be used exclusively for sending messages to people known to the user and to those where he may assume that they do not feel disturbed by the receipt of the message.
9.10 The foregoing provisions of sections 9.1 to 9.9 shall also apply to statements in the context of communication features in blogs and all uploaded contributions.
9.11 If a user or a third party gains knowledge of content which is unlawful or inappropriate according to the foregoing provisions iversity GmbH kindly asks to report the violation via the contact form or e-mail. The iversity GmbH will examine the content immediately upon receipt of such notice.
10. Deleting content, violations of the terms and conditions
10.1 The iversity GmbH reserves the right to delete content which does not comply with these terms and conditions, in order to prevent or reverse illegal actions, and to warn or to lock accounts of users who violate these terms and conditions either indefinitely or for a limited time to make them adhere to these terms and conditions. Warnings or the locking of accounts will be communicated to the user via e-mail. The iversity GmbH also reserves the right to terminate the agreement immediately, if the continuation of the usage agreement in individual cases is unreasonable (see section 6.4).
10.2 Users that were banned for violating the terms and conditions may be permitted to use the platform again, if it is assured that they will refrain from abusive behavior in the future.
10.3 The above provisions also apply in the case that the iversity GmbH has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan Horses).
11. Warranty and liability of the user / Indemnification
11.1 The user assures and warrants that he is entitled to and able to give the iversity GmbH the rights of use to the uploaded content to the extent mentioned in section 8.3. The user warrants to the iversity GmbH not to post content in the portal, which violates the provisions of section 9 and further neither to commit any prohibited acts nor to provide any false information.
11.2 The user is solely responsible for all of his content uploaded to the portal including texts, articles, photographs, etc., and for the presence of any necessary legal positions relating to it as well as for his actions in the portal. The iversity GmbH does not generally check the content and actions of the user. The user pledges to indemnify the iversity GmbH, its employees and other employees from any liabilities or expenses including attorney's fees for legal defense as well as potential and actual costs of legal proceedings and administrative fines fixed or determined by a court, if the iversity GmbH, its employees or other employees of third parties are claimed, because the user culpably violates his obligations under section 8. and under section 9. third-party rights or the rights of persons represented by them. The same applies if the claim results from otherwise illegal content, and in cases where the claim originates from a consumer body or authority. The iversity GmbH informs the user about the claim and gives him, to the extent possible and reasonable, the opportunity to apply for defense against asserted claims. The user is obliged to end the infringing use immediately if requested by the iversity GmbH and to fully communicate all the relevant facts concerning the use to the iversity GmbH. All further rights and claims of the iversity GmbH for damages remain unaffected.
11.3 If the rights of third parties are violated by the user's contents, then the user has to provide the iversity GmbH with the right of use or render the content free of infringement at its own discretion and at the user's expense.
12.1 The iversity GmbH shall be liable to users without restriction for any damages arising from injury to life, limb or health, based on an intentional or negligent breach of required_item and for other damages caused by intentional or grossly negligent breach of required_item or an acquired representation or warranty. For damages incurred due to slight negligence, iversity GmbH is only liable in case of a breach of essential contractual obligations, that is such contractual obligations which enable the fulfillment of the proper conduct of the contract and on which the contractual partner can reasonably expect to be able to rely, as well as those whose breach jeopardizes the purpose of the contract, where the liability is limited in these cases to the amount to foreseeable contractual damages.
12.2 For content that was uploaded by the user, only the user himself shall be liable. In this respect the iversity GmbH shall not assume any liability.
12.3 All iversity GmbH makes every effort to keep the website constantly available. The user acknowledges that a constant availability of the iversity website is technically impossible to achieve. In particular, maintenance, security or capacity issues and events that are not in the sphere of influence of iversity GmbH (e.g. disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary suspension of services on the iversity website.
The iversity GmbH shall not be liable for damages resulting from loss of data if the damages could have been avoided by a regular and complete backup of all relevant data by the user. Therefore each and every user should ensure the backup of important documents at regular intervals.
13. Contract language, Saving of the contract text
13.1 The iversity GmbH focuses primarily on German-and English-speaking users. The communication between the users and the iversity GmbH is therefore entirely in German and English. The contract terms and consumer information are also available in English and German.
14. Final Provisions
14.1 The iversity GmbH reserves the right to change the terms at any time without any further explanation. The new terms will be sent to the user via e-mail. They are deemed as agreed on, if the user does not object to their application within 14 days after receipt of the e-mail. The objection must be in writing. The iversity GmbH will inform the user in the e-mail of the objection, the deadline and the consequences of inaction by the user separately. If the user objects every party shall have the right to terminate the agreement with immediate effect. The option to change the terms and conditions in a way which either limits the content and scope of the core functionalities of the service iversity to the detriment of the user or introduces new, previously not included duties in the terms and conditions for the user, shall not be granted. If for some services fees are going to be introduced in the future, then for these services separate contracts between the user and the iversity GmbH shall be concluded and therefore require the explicit consent of users.
14.2 If any provision of these terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision, which is in its economically desired sense and purpose as close to the invalid provision as possible. This applies to contractual loopholes.
14.3 The contractual relationship with users, these terms and conditions and their interpretation shall be governed solely by the laws of the Federal Republic of Germany. The use of German International Private Law and the UN purchasing law is excluded. If the user is a consumer, then the mandatory consumer protection rules of the state in which the user has his permanent residence are additionally applicable provided they offer the user a more extensive protection.
14.4 If the user is a merchant, a legal entity under public law or a special fund under public law or the user has no permanent residence within the country, then the venue for litigation arising out of or in connection with this contract is Berlin. If the user is a merchant, a legal entity under public law or a special fund under public law or the user has no permanent residence within the country, then the place of transaction for all rights and obligations resulting from the contractual agreements with the user is Berlin.