General terms and conditions for the use of ACADEMY.WS

Status 01.09.2023

Provider: WS Academy GmbH (hereinafter referred to as "Academy"), FN 611579 g of the Commercial Register of the Eisenstadt Commercial Court.

Media owner:

WS Academy GmbH

Industrial area 8
7041 Wulkaprodersdorf

1 Scope

    1. The following terms and conditions apply to all services provided by ACADEMY and regulate their use.
    2. By registering on one of the platforms of the ACADEMY, the user expressly accepts these terms and conditions as well as the privacy policy of the ACADEMY.
    3. From the age of 14, persons are entitled to use services of the ACADEMY.
    4. ACADEMY services may only be used for commercial purposes with the express written permission of ACADEMY.

2 Registration / Conclusion of contract

    1. In order to use services of the ACADEMY, a registration on one of the platforms of the ACADEMY is required.
    2. The user commits himself in the course of registration to truthful and complete information. In individual cases, ACADEMY reserves the right to check the accuracy of the information.
    3. The ACADEMY is entitled to refuse registration without giving reasons. There is no right to registration.
    4. To confirm the registration, an email will be sent to the email address provided by the user.
    5. After completing the registration, the user can consume the services provided by ACADEMY.
    6. The completed registration involves a contractual relationship between ACADEMY and the registered user, which is governed by the provisions of these Terms and Conditions as well as the Privacy Policy, which forms an integral part of these Terms and Conditions.
    7. The user must agree to the use of cookies according to the privacy policy of ACADEMY. These are used according to the privacy policy of ACADEMY for the additional use of cookies.

 

3 Services

  1. The ACADEMY provides users with access to a central service via various platforms and integrations:
  2. ACADEMY associated platforms, such as www.academy.ws
  3. Websites of cooperation partners that integrate the service of ACADEMY (possibly also adapted to the graphic design of the cooperation partner), such as facebook.com
  4. The ACADEMY allows the user to build knowledge on various topics.

The user has the option:

  • create a profile as well as upload photos to his profile (the photo guidelines specified in § 4 apply)
  • Communicate with other users (such as sending or receiving messages)
  • Create content (e.g. comments on challenges)
  • ACADEMY is entitled, but without obligation, at its own discretion and without the consent of the user, to review the content created by the user for its compliance with legal provisions and the terms and conditions of ACADEMY and, if necessary, to delete the content concerned.
  • Due to possible technical developments of the existing internet, changes in legal regulations as well as further developments of own or third party products, ACADEMY is entitled to make changes to the services provided by it at any time.

 

4 Photo guidelines

  1. ACADEMY provides guidelines regarding the uploading of photos/videos to the user's profile (§ 3.3.1.) and to the public community areas, which the user must comply with. ACADEMY is entitled (no obligation) to delete or move to the photo album photos uploaded by the user that contradict these guidelines, at its own discretion and without the user's consent.
  2. Photo album: If the user has uploaded a profile photo that complies with the guidelines, there is the option to add up to 32 additional album photos.
  3. Community photos: The user is entitled to upload photos to the public community areas (e.g. in the challenges).Prohibited content: Advertising of any kind is not allowed, the same applies to violations of the legal system. Likewise, the photos/videos uploaded by the user may not violate the rights of third parties, disturb or offend other members or display nudity.
  4. Disclaimer: The user guarantees that the uploaded photos/videos do not violate any rights of third parties (intellectual property rights and copyrights). Furthermore, the user indemnifies and holds ACADEMY harmless in the event that claims are asserted.
  5. Rights of use: The user transfers to ACADEMY for all community photos uploaded by him (§ 4.4) the non-exclusive, temporally, spatially and factually unrestricted, transferable right to reproduce, distribute and publicly reproduce them without payment, in digital applications, on the Internet or in print for commercial press and marketing purposes. The author's name including the user's name can be displayed on the ACADEMY platforms at the user's request. Photos that the user uploads to his own profile, i.e. profile and album photos, remain excluded (§ 4.2 and 4.3).
  6. Personal rights: If photos are uploaded with persons depicted on them, the user confirms that he/she has obtained the publication permission of the persons. Furthermore, the user waives his right of revocation for publication in print and online media (e.g. Facebook, flyers), provided that the photos are community photos (§ 4.4).

5 Obligations, duties and rules of conduct of the user

  1. In order to use all services of ACADEMY to the full extent, the user needs the current (browser) technologies and must enable their use (e.g. activation of Java script, cookies, pop-ups).
  2. The access data (password, user name and access code) are subject to strictly confidential treatment by the user and must be protected from unauthorized access by third parties. These access data may not be brought to the knowledge of anyone, including employees of ACADEMY. If the user suspects that his access data (password, user name) have become known to third parties, he undertakes to change the password immediately and to inform ACADEMY accordingly. If the user passes on the access data (password, user name) to third parties, the user is liable for all damages caused by this.
  3. The user undertakes to use all services provided by ACADEMY (services) in accordance with its provisions and not to take any actions that harm or endanger ACADEMY and/or other users. Furthermore, the observance of all instructions, recommendations, etc. also fall under the intended use, which ACADEMY carries out upon conclusion of the contract or thereafter on its website, in operating instructions and/or other documents made available to the user.
  4. Users can publish content on the platforms of ACADEMY, communicate and interact with other users. Services of ACADEMY may not be misused. In particular, the following rules must be observed:
    • In the user's profile, personal data is entered at the user's own risk and responsibility. Entry of personal telephone numbers, hyperlinks referring to such data or a personal e-mail address is not permitted in the user's profile.
    • The publication of third party data is only permitted with their consent.
    • The user undertakes to comply with all relevant legal provisions (e.g. Criminal Code, laws for the protection of minors, Prohibition Act, Pornography Act, E-Commerce Act, Telecommunications Act, Copyright Act, Unfair Competition Act, Media Act, Basic Data Protection Regulation, any personal rights arising from other laws such as the General Civil Code, etc.) when posting content. In particular, no pornographic, obscene, immoral, violence-glorifying, violence-harmonizing, racist, right-wing/left-wing radical, insulting or other illegal content, materials, information and/or photos may be disseminated. The user bears sole responsibility for the content posted by him.
    • The user further undertakes not to insult, threaten, harass other users and/or third parties and/or violate their (personal) rights.
    • Furthermore, no inappropriate requests and/or messages may be sent by the user. If the user is blocked or reported due to such requests/messages, this lowers his trust value. In case of falling below an appropriate threshold set by ACADEMY, messages written by the user must be released by the support team. In such a case, ACADEMY reserves the right not to deliver the user's messages to new members (see § 10 Sanctions). Excluded from this are messages to existing contacts or responses to other users' contacts.
    • The user undertakes not to publish any data containing infected software - viruses. Also excluded for publication are software and content to which third parties have copyrights (exception: the user has the necessary rights to it or the consent of the rightholder).
    • Commercial or private advertising of other apps or websites is not permitted. The same applies to the use of the services of ACADEMY for commercial purposes (e.g. advertising and offering goods, services, job offers, etc.). The sending of mass messages or chain letters is also prohibited.
    • Apart from any civil and criminal consequences, the user shall fully indemnify and hold ACADEMY harmless for any damages whatsoever and for any claims of third parties whatsoever resulting from violations of the user's obligations according to § 5 of these terms and conditions.

6 Rights of use and copyrights

ACADEMY is the sole owner of the rights of distribution, processing, reproduction and copyright, as well as the right of incorporeal transfer and reproduction of the services of ACADEMY and the content contained therein. The use of the services of the ACADEMY and the materials, contents, trademarks and trade names mentioned therein is permitted only for the purposes stated in these terms and conditions.

7 Availability / Warranty

  1. The ACADEMY strives to offer its services to users constantly. Software updates, maintenance or due to certain circumstances (force majeure, technical problems of third parties), which cannot be influenced by the ACADEMY and therefore cannot be solved by it, can lead to downtimes. In these cases, no claims for damages and / or warranty claims can be asserted by the user.
  2. ACADEMY does not guarantee for expectations of the customers that success will be achieved by using the services of ACADEMY (e.g. new friendships, partnerships etc.).
  3. Messages stored in the user account may be deleted by ACADEMY without the user's consent 30 days after their receipt or reception.

8 Liability

  1. The ACADEMY is liable for compensation of damages caused in connection with this contract by the ACADEMY or its employees only in the event that damages were caused by gross negligence or intent, unless this violates mandatory law. For the compensation of personal injury, however, the associated limitations of liability do not apply.
  2. Notwithstanding the limitation of liability according to § 8.1, ACADEMY's liability for loss of profit, loss of data, loss of assets or other consequential damages is expressly excluded.
  3. ACADEMY assumes no liability for content that is disseminated by the user on the platforms of ACADEMY or for damages that arise from this.

9 Sanctions

ACADEMY reserves the right to take the following steps in case of any violation of these terms and conditions by the user:

  • Warning of the user
  • Deletion of content of the user
  • No delivery of messages from the user
  • No publication of content of the user
  • Temporary or permanent blocking of the user
  • Deletion of the user profile and termination of the contractual relationship according to §12, especially in case of violations against § 4 as well as § 5.2 to § 5.4.

11 Amendment of these Terms and Conditions

The ACADEMY has the right to change these terms and conditions at any time. The user will be informed about such changes either by publication on the platforms of the ACADEMY or by email about the changed terms and conditions to the email address provided by the ACADEMY during registration. The user has the possibility to terminate the contractual relationship with ACADEMY due to the changed terms and conditions within a period of one month in writing and/or by deleting the user account. If the user does not terminate the contractual relationship within this period, the amended terms and conditions shall be deemed agreed.

12 Duration/termination of the contractual relationship

  1. In principle, the duration (minimum term) and termination are concluded in the respective contracts with the customers.
  2. In addition, ACADEMY has the right to terminate the contract without notice by deleting the user account if there is an important reason for doing so.
  3. Important reasons: Violation of § 5.2 to § 5.4. or § 4

13 Secrecy

  1. Data of other users (name, address, phone number, messages...), which are obtained from ACADEMY when using the platforms, must be treated confidentially by the user. Without the prior written consent of the other user, the user may not, in whole or in part, directly or indirectly, make data available to third parties.
  2. ACADEMY and its users are subject to the obligation to comply with the Basic Data Protection Regulation (DSGVO) and DSG (as amended) as well as any other statutory confidentiality obligations.
  3. All previous obligations remain valid even after the termination of the contractual relationship.

14 Place of performance / Place of jurisdiction / Choice of law / Contract language

  1. The place of performance is Eisenstadt.
  2. In the event of legal disputes with consumers, the statutory places of jurisdiction pursuant to the Consumer Protection Act shall apply to such consumers who have their domicile or habitual residence in Germany or who are employed in Germany.
  3. Austrian law shall apply, to the exclusion of reference norms of international private law (e.g. IPRG, EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.
  4. The contract language is German.

15 Partial nullity

In the event that individual provisions of this contract become legally ineffective, void and/or invalid in the course of their term, all other provisions shall not lose their legal effectiveness and validity. Accordingly, the contracting parties undertake to replace legally ineffective, void and/or invalid provisions. The new, replacing provisions must be legally effective and valid and should correspond in their effects to the replaced provisions as best as possible.

16 Final provisions

  1. All legally binding declarations underlying this contract shall be made in writing to the last known e-mail address of the respective other contracting party. A declaration shall be deemed to have been delivered to the respective contracting party if it is sent to the last known e-mail address.
  2. The headings chosen for the individual chapters are for convenience only and are therefore not intended to be used in the interpretation of this Agreement.

17 Use and disclosure of data / Consent pursuant to § 107 TKG

  1. The privacy policy of ACADEMY, which is part of these Terms and Conditions, is shown under, Privacy Policy. The user declares to have read and understood this privacy policy and to accept it in full.
  2. The user agrees to receive messages for advertising purposes from ACADEMY or third parties commissioned by ACADEMY for this purpose in accordance with § 107 of the Telecommunications Act. In the notification settings, this consent can be revoked by the user at any time.