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Terms of Service

Wald und Holz-ILIAS Terms of Use v1.0
Terms of Use Learning Platform
Status: November 2020

The following terms of use form the basis for the use of the learning platform, which is offered by the State of NRW, represented by the Head of the NRW State Enterprise Forestry and Timber, Albrecht-Thaer-Str. 34, acting through employees of the Forestry Training Centre, Alter Holzweg 93, 59755 Arnsberg (hereinafter also "FBZ"). The terms of use listed here are not only for our benefit, but also for yours (hereinafter also referred to as "you" or "user") and for the protection of other users, and thus form an important prerequisite for the safe and regulated use of our services. We therefore ask for your understanding that our services can only be used on the basis of the following terms of use.

I. Scope of application and conclusion of contract
These terms of use apply to the learning platform made available by Wald und Holz NRW for registered course participants.
The version of the Terms of Use current at the time of the conclusion of the contract is authoritative. You can view these in the app at any time under the information icon.
Depending on the type of use or the status of the user, the terms of use may include further legal agreements. If supplementary agreements apply to the use of a Wald und Holz NRW service, this will be indicated separately. In the event of contradictions between the provisions of the terms of use and those in a supplementary agreement, the latter shall take precedence with regard to the corresponding service.
II. Use of the learning platform
Registration is required to access the learning platform.
For the use of the app, Wald und Holz NRW is permitted to collect, store, process and use certain personal data of the user. Your data will always be handled in accordance with the statutory provisions. You can find more detailed information on data protection in connection with the learning platform on the start page of the app under the information icon. When accessing a learning platform, the data protection provisions of the respective learning platform apply, which can be viewed on the corresponding start page of the learning platform under the information icon.
When registering with Wald und Holz NRW, you are obliged to provide truthful and complete information and to keep this information up to date at all times.
Wald und Holz NRW expressly reserves the right to refuse registration requests. In this case, the NRW State Enterprise Forestry and Timber may inform you briefly by e-mail of the reasons for the rejection, but there is no obligation to do so.

III. Use of the learning platform
You are obliged to keep your access data (user name, password) secret and not to allow third parties to access your user account. Your user account cannot be transferred to third parties. You are obliged to inform Wald und Holz NRW immediately if there are indications that your user account has been misused or if you have become aware that a third party has gained unauthorised knowledge of your access data.
You undertake to comply with the applicable laws and legal provisions when using the NRW Forest and Timber Learning Platform. In particular, you may not publish any content, material or information and make it accessible via the app that violates legal provisions and/or these terms of use. In particular, the reproduction, publication and dissemination (including via radio, TV or the internet) of content from Wald und Holz NRW (videos, downloads, other materials made available), in whatever form, is prohibited. No copyrights are transferred to you in any form. The right of use granted is also non-transferable.
You may not misuse the services offered by Wald und Holz NRW in any way whatsoever. Misuse is deemed to have occurred in particular in the following cases:
in the case of use beyond personal contractual purposes, in particular use that would require the granting, transfer or exercise of rights under the Copyright Act;
Publication or distribution of pornographic, obscene, sexist, defamatory, libellous, insulting, threatening, inciting or racist content, information, software or other material;
Any form of advertising for products or services, including the use of data for the dissemination of advertising, unless Wald und Holz NRW has explicitly agreed to this in writing in advance;
Commercial use of the services offered by Wald und Holz NRW without the prior consent of Wald und Holz NRW to the commercial use. (e.g. indication of chargeable premium rate service numbers or hyperlinks to chargeable internet offers)...;
Taking any action that impairs or may impair the functioning of the services of Wald und Holz NRW (for example, by using "robot", "spider" or "offline reader" software to automatically generate user requests via the Internet; e-mail bombing; denial-of-service attacks; inclusion of harmful components such as viruses, worms, Trojan horses, etc.);
Modification or dissemination of areas of the offer, including areas of other users, which have not been explicitly made available to the user for this purpose;
Any use of the rating system that is contrary to the purpose of the rating system. In particular, this includes the submission of inaccurate or unjustified ratings, which may include circumstances that are not related to the use or quality of the content provided or the service itself;
Publication of posts and information with misleading and/or untruthful content.

IV. Liability
The contracting parties agree that it is not possible to develop software that is suitable for all conditions of use without problems. The user bears sole responsibility for the selection and consequences of the use of the learning platform and the results intended or achieved thereby. The guarantee liability of Wald und Holz NRW according to 536a paragraph 1 BGB is excluded. The liability of Wald und Holz NRW for damages and reimbursement of expenses irrespective of the legal grounds, in particular in the event of breach of obligations arising from the contractual obligation and from unlawful acts, is excluded.
In the event of intent and gross negligence, including that of its legal representatives and vicarious agents, Wald und Holz NRW shall be liable in accordance with the statutory provisions. The same shall apply in the case of culpably caused damage resulting from injury to life, limb or health, damage caused by the absence of a guaranteed quality and in the case of fraudulent intent.
Subject to the above provisions, Wald und Holz NRW shall not be liable for the accuracy, quality, completeness, reliability, nature and quality of the content provided, nor for any damage of a material or immaterial nature caused by the use or non-use of the information provided or by the use of incorrect and incomplete information.
Otherwise, the liability of Wald und Holz NRW is excluded.

V. Warranty
The app is made available to the customer free of charge. Unless otherwise stipulated in the terms of use, Wald und Holz NRW expressly declares that no representation or warranty is made with regard to the use of the app, its content and functionality.

VI. Term of the user agreement, deletion of content and exclusion from use
The operation of the services offered by Wald und Holz NRW is at the discretion of Wald und Holz NRW. All offers are subject to change and non-binding. Wald und Holz NRW expressly reserves the right to change, supplement or delete the content of parts of the offer or the entire offer at any time at its own discretion and without stating reasons, or to discontinue the services temporarily or permanently.
If Wald und Holz NRW becomes aware that you are intentionally or negligently violating your obligations under Section II or Section III of these Terms of Use, Wald und Holz NRW is entitled to block your access immediately, temporarily or permanently, to block or delete your content and/or to restrict the use of the services and functions provided, without giving reasons. If your membership account has been blocked, you can only be given renewed access to the services offered with the prior written consent of Wald und Holz NRW. Wald und Holz NRW decides on your renewed admission at its own discretion.
Wald und Holz NRW is also entitled to block your access without giving reasons if you have not used the services offered by us for a longer period of time and the access is free of charge for you. In this case, you can apply for new access or register again at any time.
You are entitled to delete your user account at any time and without giving any reason. Send us a corresponding message by email to forstliches-bildungszentrum@wald-und-holz.nrw.de and we will carry out the deletion for you as soon as possible.

VII. Other provisions
Should one or more provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply instead.
These Terms of Use are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If Wald und Holz NRW waives enforcement of these terms of use in an individual case, this does not constitute an amendment of the same.
If the participant is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be Mster.
There are no ancillary agreements outside these terms and conditions.
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