Drschenk - CourseTest

Scope, general

These Terms of Use of Dr. Schenk GmbH Industriemesstechnik (“Dr. Schenk”) apply to users (“User”) of the website “https://www.drschenk.com/support-training/inspection-academy.html”, including all subpages (“Training Academy”). The Training Academy provides the User with materials, specifically texts, photographs and video recordings, pictures and drawings, (“Contents") for the purpose of viewing, playback and/or streaming and download. These Terms of Use govern the use of the Training Academy and the Contents provided therein.
By using the Training Academy, the User consents to the validity of these Terms of Use. Dr. Schenk reserves the right to change these Terms of Use at any time without notice. By continuing to use the Training Academy or the Contents, the User accepts the changed Terms of Use.

Access to the Training Academy

Upon the User's request, Dr. Schenk will send the User an e-mail with a user name and a password (“Access Data”) that the User can enter on the Training Academy. After agreeing to the validity of these terms of use, the User can access the Contents of the Training Academy.
The Access Data must be stored securely and not passed on to third parties. The term "third parties" does not apply to employees of the company who are scheduled to receive a Dr. Schenk training course or have already participated in a Dr. Schenk training course. To the extent that the User suspects or gains knowledge of any use of his Access Data by third parties, he shall immediately notify Dr. Schenk.
Dr. Schenk reserves the right to refuse to establish access to the Training Academy without stating any reasons.
With the use of the Training Academy, the User accepts the Dr. Schenk Data Protection Agreement (https://www.drschenk.com/privacy.html) to be valid.

Intellectual Property, Copyrights and Trademarks

The Training Academy and all Contents presented therein are the property of Dr. Schenk or its licensor(s). All elements of the Training Academy, specifically the layout, source codes and Contents, are protected by copyrights and/or trademarks, rights of privacy and publicity or other provisions pertaining to intellectual property rights.
The User is not permitted to pass on the Contents in whole or in part to third parties. Furthermore, any form of distribution, publication, duplication, editing, archiving, forwarding or making content publicly accessible is prohibited unless explicitly permitted under Section 4.1.

Use of Contents

Dr. Schenk grants the User the worldwide, non-exclusive, non-transferable right subject to recall at any time, to use the Contents provided for viewing, playback or streaming and for download as part of his own further training with respect to the use of Dr. Schenk products up until the termination of the access. Never under any circumstances shall the User remove information on copyrights or license holders from the Contents.
Any other use of the Contents, particularly a commercial use of the Contents, is only permissible with prior written explicit approval by Dr. Schenk.

Liability and disclaimer

In accordance with statutory provisions Dr. Schenk shall be liable for willful misconduct and gross negligence, for damage within Dr. Schenk’s control arising from the loss of life and limb, health, or well-being, for claims in accordance with the Product Liability Act and for any damage resulting from the lack of a guaranteed quality.
Notwithstanding Section 5.1, Dr. Schenk shall not be liable for any damage it causes due to slight negligence except where it is in breach of a material duty under the agreement, i.e., a duty the satisfaction of which is central to proper performance of the agreement occurring at all and compliance with which the User should be able to trust in as a matter of course. In such case, however, liability shall be limited to such loss as Dr. Schenk would typically have been required to take into account given the circumstances known at the time the agreement was entered into.
Further liability on the part of Dr. Schenk shall be excluded, irrespective of the legal nature of the claim asserted. This applies in particular to tort claims, claims for compensation for futile expenditures, particular instances of damage that are atypical or unforeseeable for the type of contract, and liability for any indirect or direct consequential damage, e.g., lost profits. Additionally, Dr. Schenk is not responsible for the contents of third-party websites to which the Training Academy provides direct or indirect links.
Insofar as it is legally permissible, Dr. Schenk shall not be liable for the completeness or accuracy of the Contents or availability of the Training Academy. Dr. Schenk reserves the right to remove Contents or the Training Academy at any time without notice and without providing any reasons or interrupt the operation of the Training Academy for the purpose of maintenance or error correction.
Insofar that liability of Dr. Schenk is excluded or limited, this also applies to its employees, representatives and agents.

Termination of access

Access to the Training Academy for each User is limited to a period of six months unless otherwise agreed to.
The User can request the deletion of his access at any time using the contact form on the Dr. Schenk website.
Dr. Schenk reserves the right to block or delete the User’s access at any time and without stating reasons after prior written notice if there is a violation of these Terms of Use by the User or if such is suspected by Dr. Schenk.

Applicable law and place of jurisdiction

These Terms of Use are subject to the Law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
The exclusive place of jurisdiction for all disputes arising from the user relationship is Munich unless a different place of jurisdiction is mandatory by law.

Final provisions

If a provision of these Terms of Use is or becomes ineffective or unenforceable, the effectiveness of the remaining provisions is not affected. In this case, the ineffective or unenforceable provision will be replaced with another provision that most closely meets the economic intent of the unenforceable provision; the same applies in case of an omission or loophole.
The original version of these Terms of Use is written in the German language. In case of deviations between this and the German version, the German text shall prevail.

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