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TERMS AND CONDITIONS
LEARNING WEBSITE / MOODLE
By using the Website, The User agrees to comply with
and be bound by the following terms and conditions (“The Agreement"),
which we may change at any time by posting a notice on the Website. PLEASE READ
THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS
PERIODICALLY FOR CHANGES. Use of our Website is limited to individuals who can
form legally binding contracts under applicable law, and without limiting the
foregoing, these services are not available to minors. In addition, when using any particular service of the
Website, The User may be subject to additional guidelines or terms and
conditions applicable to such services that may be posted from time to time,
which are hereby incorporated into this Agreement. .
USING
THE WEBSITE.
Intellectual Property Rights: Unless otherwise stated, we or our licensor(s) own the
intellectual property rights in the website and material on the website.
Subject to the license below, all these intellectual property rights are
reserved. License to use website: All
the text, images, marks, logos, compilations (meaning the collection, Arrangements and assembly of information), and other content of the Website
and any of the foregoing sent to The User by e-mail or other means ( collectively , the "Site Content")
are proprietary to us or licensed by third parties. Exploiting
in any way the Site Content, or any portion of the Website content, is strictly
prohibited without the prior written permission of The University of Siegen. To
request permission, The User may contact Matthias Mende at
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THE OWNER
AUTHORIZES THE USER TO ACCESS A COURSE, VIEW, DOWNLOAD, AND PRINT THE SITE CONTENT SUBJECT TO THE FOLLOWING
CONDITIONS: (i)
The User may only download and print the Site Content in conjunction with The
User’s learning as required to document The User’s learning or the learning
process that is appropriate
for The User’s use.
The User must not:
a) Republish
material from this website (including republication on another website);
b) Sell,
rent or otherwise sub-license material on the website;
c) Reproduce,
duplicate, copy or otherwise exploit material on our website for a commercial
purpose;
d) Edit
or otherwise modify any material on the website except for content specifically
and expressly made available for modification; or
e) Redistribute
material from this website except for content specifically and expressly made
available for redistribution;
f) The
User many not use any automated process software program to view, download,
print or otherwise use the Website;
g) The
User may not use any of the Website content for the purpose of soliciting, for
any service or product, companies that have information included in the Website
learning courses;
h) The
User may not modify the Site Content or courses;
i) The
User may not remove any copyright, trademark, or other proprietary notices that
have been placed on the Website except as expressly permitted above, copying; modifying;
storing for any period of time, for any use other than specified in (i) above;
reproduction; redistribution; republication; uploading; posting; transmitting;
distributing or otherwise.
The
marks used within this site are proprietary to the Owner and they may not be
used in connection with any service or products other than those provided by The
Owner, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
the Owner. The
User agrees, and represents and warrants, that The User’s use or other
exploitation of the Website and the Site Content, or any portion thereof, will
be consistent with the foregoing license and restrictions and will neither
infringe nor violate the rights of any other party or breach any contract or
legal duty to any other parties. In
addition, The User agree that The User will comply with all applicable laws,
regulations and ordinances relating to the Website, the Site Content or The
User’s use of them, and The User will be
solely responsible for The User’s own individual violations of any of them.
Permitted Use, Limitations on Use
The
Website provides access to certain learning courses, eLearning materials and
other documents ("Courses"). The
User may access any of the “Courses” as
permitted by the Website only as required to view or complete the “Courses” on The
User’s web browser for The User’s individual use, ensuring that the the User adheres to all copyright and other notices on the “Courses”.
ELECTRONIC COMMUNICATIONS:
By accessing this site or sending electronic mail to The
Website Owner or the Site the User is
communicating with The Website Owner electronically. By doing so, The User agrees to receive communications from
The Website Owner electronically. The
Website Owner will communicate with The User by electronic mail at the
electronic mail address provided by The User or posting notices on this site or
any other Web site that may be generally designated in advance for such
purpose. The User consents to receiving electronically all agreements, notices,
disclosures and other communications that Website Owner provides to The User.
Links to Third Party Sites Are Not Endorsements.
The
Website may contain links to third party website. The link sites are not
under the control of the Website Owner and the Website Owner is not responsible
for the contents of any sites. Links
are provided as a convenience only and a
link does not imply endorsement of operator.
Warranty Disclaimer And Limitation of Liability.
The
Website Owner makes no representations or warranties of any kind regarding the
Website and the Site Content. The
Website and Site Content are provided in an "AS IS" condition, and
The Website Owner expressly disclaims any and all warranties, whether express
or implied, including: all warranties of merchantability, fitness for a
particular purpose, title, non-infringement, and any and all warranties arising
from course of dealing and usage of trade that the website and the site content will meet The
User’s requirements, will always be available, accessible, uninterrupted,
timely, secure or operate without error, As
to the results that may be obtained from the operation, use or other
exploitation of the website or the site content, As
to the accuracy or reliability of any information obtained from the website or
the site content and as to any partner site or its contents, No
advice or information, whether oral or written, obtained by The User from the Owner
or through the website or site content will create any warranty not expressly
stated herein, The
User’s use the website and the site
content at The User’s own risk, and the Owner will not be liable for any
damages of any kind arising from or relating to their operation, use or other
exploitation. The
User waives any covenant to assert any claims or allegations of any nature
arising from or relating to the operation, use other exploitation of the
website or the site content, including any allegation or claim that the Owner
has or should indemnify defend, or hold The User not liable from any claim or allegation
arising from the operation, use or other exploitation of the website or the
site content. Under
no circumstances will The User be entitled to recover from the owner or any of
its partners any incidental, consequential, indirect, punitive or special
damages (including damages for loss of business, loss of profits or loss of
use), whether based on contract, tort (including negligence), or otherwise
arising from or relating to the website or site content or The User’s use
thereof, even if the owner or its partners have been informed or should have
known of the possibility of such damages. Some
jurisdictions do not allow the limitation or exclusion of warranties or of
liability, so some of the above limitations or exclusions may not apply to The
User.
Indemnity Clause and Termination of Use.
The
User agrees to indemnify and not to hold the UNIVESITY OF SIEGEN liable from all causes
of action, claims and allegations (whether threatened or pending), costs, fees,
charges, and expenses (including attorneys' and professionals' fees), judgments,
damages, losses, and liabilities arising from or relating to the breach or
alleged breach of The User’s duties or
obligations under this Agreement or The Users use of the Website or Site
Content. For
any indemnified matter, UNIVESITY OF SIEGEN and its Partners will have full
control of the response thereto and the defence thereof, including, without limitation, any
agreement relating to the settlement thereof, and The User will cooperate with
UNIVESITY OF SIEGEN and its Partners in such matters. UNIVESITY OF SIEGEN and
any of its Partners may, at their option, terminate any person or entity's
access to the Website upon any breach of the terms and conditions of this
Agreement.
Privacy Policy.
The UNIVESITY OF SIEGEN operates the Website
under the Privacy Policy published at https://www.Univesity of
Siegen-elearning.org/privacy.html, which is hereby incorporated into and forms
part of this Agreement. We urge The User to read this policy now and, because
the policy is updated from time to time, later at The User’s convenience.
Applicable Law and Jurisdiction.
The
Website (excluding links) are controlled by UNIVESITY OF SIEGEN and operated by UNIVESITY
OF SIEGEN from its offices in and around the world and more specifically from its Partners offices namely the Universities of Makerere, Dar es Salaam, Kenyatta University and the University of Zambia. Although
the UNIVESITY OF SIEGEN has made no
effort to publish the Website elsewhere,
because the Website is published on the World Wide Web it is accessible in all
countries. Each of these territories
have laws that may differ from those of the Federal
Republic Of Germany. By
using the Website The User and UNIVESITY OF SIEGEN agree that all matters
arising from or relating to the use and operation of the Website will be
governed by the substantive laws of The Federal Republic Of Germany. The
User agree that all claims The User may have arising from or relating to the
operation, use or other exploitation of the Website will be heard and resolved
in the courts in The Federal Republic Of Germany. The
User consents to the personal jurisdiction of such courts and The User, agrees to the fairness and convenience of proceeding
in such courts, and covenant not to assert any objections to proceedings in
such courts. If The User chooses to gain access to the Website from locations
other than The Federal Republic of Germany The User will be responsible for
compliance with all local laws of any such other location.
Miscellaneous.
No
delay or omission by UNIVESITY OF SIEGEN in exercising any of its rights
occurring upon
any noncompliance or default by The User with respect to any of the terms and
conditions of this Agreement will impair any such right or be construed to be a
waiver thereof, and a waiver by UNIVESITY OF SIEGEN of any of the covenants,
conditions or agreements to be performed by The User will not be construed to
be a waiver of any succeeding breach thereof or of any other covenant,
condition or agreement hereof contained. As used in this Agreement,
"including" means "including but not limited to." The captions of this Agreement have been
inserted solely for convenience of reference, in no way define or limit the
scope or substance of any provision of this Agreement, and will not be
considered in interpreting this Agreement. If
any provision of this Agreement is found by a court of competent jurisdiction
to be invalid or unenforceable, then this Agreement will remain in full force
and effect and will be reformed to be valid and enforceable while reflecting
the intent of the parties to the greatest extent permitted by law. Except as
otherwise expressly provided herein, this Agreement sets forth the entire
agreement between The User and UNIVESITY OF SIEGEN regarding its subject matter,
and supersedes all prior promises, agreements or representations, whether
written or oral, regarding such subject matter.
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