Last revised: April 2023
The following Terms of Use apply to the use of the EVZ Academy. A learning and networking platform (hereinafter referred to as the “EVZ Academy”) of the Foundation Remembrance, Responsibility and Future (EVZ), Friedrichstraße 200, 10117 Berlin, Germany.
With the EVZ Academy, the EVZ Foundation provides a digital learning and networking platform for people (hereinafter referred to as “Users”) with an interest in the topics pursued by the EVZ Foundation. Users can attend thematic offerings, courses and events (online and offline) and share experiences following prior registration. They can also save their learning progress, receive certificates, send personal messages to other Users within the community and create user content. Users may use the EVZ Academy free of charge in accordance with the following Terms of Use.
a. Personal scope
Anyone interested in the topics pursued by the EVZ Foundation may use the EVZ Academy subject to registration.
b. Material scope
With the EVZ Academy, the EVZ Foundation provides an online platform on which educational content in the form of e-learning modules (with text, audio and video components) can be offered and accessed. Users can also avail themselves of the following services:
• Use of learning paths and the accompanying learning progress indicators; saving of learning progress; certificates of attendance; reminder lists; module recommendations
• Personal user profile
o Creation of user content
o Use of community features
o Keyword search
o Blended learning: events and online seminars
o Technical support (hereinafter referred to collectively as “Services”)
c. Registration
Users must first register on the academy.stiftung-evz.de site in order to use the EVZ Academy. Registration is free of charge. Users must provide truthful information during registration. At the same time, they are informed about the EVZ Academy data protection provisions. After registering, Users receive an email with a confirmation link. The Usage Agreement (free of charge) between the User and the EVZ Foundation comes into force once the user account is activated (hereinafter referred to as the “Usage Agreement”).
Users have no entitlement to registration or activation of a user account. User accounts are registered and activated solely at the discretion of the EVZ Foundation. In particular, the EVZ Foundation is entitled to exclude individuals from using the EVZ Academy (which requires registration) and to refuse registration.
Users are not entitled to allow third parties to use their user account. They are also obliged to keep their login details secret and protect them against unauthorised access. As a general rule, an account may be used by one User only.
d. Termination of use/deletion of user accounts
The Usage Agreement between Users and the EVZ Foundation is concluded for an indefinite period and may be terminated by either party without notice in text form (e.g. by email). On termination of the Usage Agreement, the EVZ Foundation is entitled, but not obliged, to delete the content created by the respective User while using their user account. Users grant the EVZ Foundation a non-exclusive, non-transferable, royalty-free right of use to the content created by them via the EVZ Academy.
In the event of good cause, the EVZ Foundation is entitled to immediately block a User’s access to the EVZ Academy and terminate the Usage Agreement without notice. In such a case, the User concerned may only register again with the prior consent of the EVZ Foundation in text form, for example by email.
Users are free to delete their user account themselves at any time with immediate effect via their personal settings. Once Users delete their user account, the Usage Agreement is automatically terminated with immediate effect. Prior to deletion, Users are asked whether they wish to first download any certificates/confirmations of attendance acquired, as these are also irrevocably deleted on deletion of the user account.
Personal data is anonymised on termination of the Usage Agreement and/or deletion of the user account – in other words, it is changed such that a User can no longer be identified based on the anonymised data following termination of the Usage Agreement and/or deletion of the user account.
e. Obligations of Users vis-à-vis the community during usage
The EVZ Academy is intended exclusively for the use and delivery of e-learning modules offered through it and for internal communication. In particular, this includes exchanges between students and teachers as well as between Users for these purposes. Any other use – whether for other private and/or commercial purposes – is not permitted.
When using the EVZ Academy to publish content, Users affirm that they own all of the rights necessary for this. Users undertake to refrain from publishing, disseminating and/or reproducing posts that violate applicable law or offend common decency. In particular, Users undertake to refrain from publishing posts
• whose publication constitutes a criminal or administrative offence;
• with content that is offensive, harassing, intended to deceive, untrue, racist, discriminatory, harmful to young people, glorifying or inciteful of violence, unconstitutional and/or pornographic;
• that infringe the copyrights, trademark rights or competition rights of third parties and/or the EVZ Foundation;
• containing advertising (even graphics or links with or without accompanying text in a signature or below posts that are distributed in the EVZ Academy suffice).
If Users add and/or make content available in the EVZ Academy that infringes the rules (of conduct) listed above, the EVZ Foundation is entitled to delete this immediately on becoming aware of it. Users undertake to treat all other EVZ Academy Users, authors and instructors with respect. Furthermore, Users undertake not to alter, delete, suppress or render unusable any of the data to which they gain access while using the EVZ Academy and/or to use it other than in accordance with its intended use unless authorised to do so.
a. Data protection and privacy
Personal data is processed in accordance with the provisions of the EU General Data Protection Regulation. For more on this, please refer to our Privacy Policy. If you have questions, suggestions or comments on data protection, please email info@stiftung-evz.de.
b. Rules of fair communication
At Netiquette the EVZ Foundation provides Users with recommendations on how they should conduct themselves responsibly when using the EVZ Academy and the internet as a whole.
c. Restrictions on Users’ use of content made available on the EVZ Academy
Users may use the Services and educational content offered via the EVZ Academy free of charge. The Services and educational content may be used by Users solely for their own private purposes and in accordance with these Terms of Use. The downloading and/or use of the educational content outside of the EVZ Academy and for purposes other than the EVZ Academy is not permitted. If content (Services and/or educational content) is offered for download, it may only be downloaded in compliance with the EVZ Terms of Use. Copying, reproduction, dissemination and/or sharing of Services and/or educational content with third parties is never permitted. The right to download does not imply any transfer or more extensive granting of usage rights/copyrights to the content provided for download, with the exception of the right to use this content for the intended purposes in accordance with these Terms of Use.
d. Authority to change the use of the EVZ Academy
The operation of the EVZ Academy and the Services and educational content offered via the EVZ Academy is solely at the discretion of the EVZ Foundation. All offers are non-binding and subject to change. The EVZ Foundation expressly reserves the right at any time, at its own discretion and without stating grounds, in respect of parts of the EVZ Academy or its entire offering, to amend, supplement or delete the content or to temporarily or permanently suspend the content and/or Services without separate announcement provided that the Users’ interests are not thereby unreasonably disadvantaged. However, the EVZ Foundation will inform Users in good time of changes to the EVZ Academy that will have an impact on the data saved by Users, especially confirmations of attendance and certificates, so that Users can save and back up this data.
e. Copyright and industrial property rights
Users are aware and agree that all content in the EVZ Academy, especially graphics, images, the user interface, audio, video and editorial content and the entire EVZ Academy software (in whole or in part), belongs to the EVZ Foundation and/or its licensors and/or is legally protected in their favour (hereinafter also referred to collectively as “Works” or individually as “Work Parts”). Users undertake to solely use all of these Works or Work Parts – if and to the extent that they are made available to Users for use in the context of the EVZ Academy – for and in the context of the EVZ Academy in accordance with these Terms of Use and the Usage Agreement. Any sharing of the Works and/or Work Parts with third parties and/or use thereof outside of the EVZ Academy is expressly only permitted with the consent of the EVZ Foundation in text form.
The EVZ Foundation does not assume any liability for the correctness, completeness, reliability, quality, topicality or usability of the offerings made available free of charge via the EVZ Academy.
f. Limitations and exclusions of liability
Liability applies exclusively in accordance with Section 3.f. here.
The EVZ Foundation is liable without limitation for:
1. damage resulting from injury to life, body or health;
2. damage based on an intentional or grossly negligent dereliction of duty on the part of the EVZ Foundation or the legal representatives or vicarious agents of the EVZ Foundation (including malicious concealment of a defect);
3. claims arising from a quality guarantee or other guarantee assumed by the EVZ Foundation insofar as a limitation does not result from the content of the guarantee policy.
In all other respects, the liability of the EVZ Foundation for damages, irrespective of the legal basis, is excluded.
Claims under the Product Liability Act (Produkthaftungsgesetz) remain unaffected by the provisions of Section 3.f. here. The aforementioned exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the EVZ Foundation.
g. References and links
The links included on the EVZ Academy pages reference publications that are beyond the sphere of responsibility of the EVZ Foundation. The EVZ Foundation is only liable for references (“links”) beyond the sphere of its responsibility if it is aware of the content and it would have been technically possible and reasonable for it to prevent usage in the event of illegal content.
The content of all sites referenced with links on the EVZ Foundation’s EVZ Academy online offering was at the outset. Due to their changeability, it is not legally reasonable for the EVZ Foundation to constantly monitor the linked sites for illegal content.
a. Updating and amending the Terms of Use
The EVZ Foundation reserves the right to amend these Terms of Use at any time without stating grounds. The EVZ Foundation will inform Users in good time about the changes and request their consent for the amended Terms of Use. If Users do not object to the changes, the Terms of Use will be deemed accepted. If Users reject the changes, their participation will end before the amended Terms of Use come into effect and their user account will be deleted.
b. Place of jurisdiction/applicable law
These Terms of Use and the Usage Agreement are governed exclusively by the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. Legal proceedings may be brought before the competent courts with territorial jurisdiction according to statutory regulations.
c. Severability clause
If one or more of the provisions of these Terms of Use should be or become invalid, this does not affect the validity of the remaining provisions. In such an instance, the provisions of the law shall apply instead.