§ 1 General
(1) The company vimotion GmbH, Friedhofstrasse 26, 71566 Althold (hereinafter: "vimotion"), offers end users (hereinafter: "users") the opportunity to learn via its e-learning platform under *.lifetime-learning.de (hereinafter "Platform") and via the mobile portal of the platform under m.lifetime-learning.de at the providers of learning content registered there (hereinafter "Providers") to use their e-learning offerings. The provider must provide the user with access data so that he can use his e-learning offers.
§ 2 Platform
(1) As a technical service provider, vimotion merely provides the technical structure of the platform. vimotion does not become a contractual partner of the user and does not offer any e-learning offers itself.
(2) vimotion is not responsible for the fulfillment of the obligations arising from the contract between provider and user. The obligations arising from the contract are the sole responsibility of the respective provider, who provides the user with the access data for the platform. The user must therefore assert any claims exclusively against the respective provider.
§ 3 Customer account
§ 4 pulses
Since there is no direct contractual relationship between vimotion and the user, vimotion does not charge any fees to the user. If necessary, the respective provider will charge the user fees for the use of his e-learning offers.
§ 5 Duties and obligations of the user
In connection with the use of the platform, the user will
(1) to protect the access data transmitted to him against access by third parties and not to pass them on to unauthorised users;
(2) do not misuse the platform or have it misused, in particular do not use or transmit any messages or texts with illegal or immoral content.
(4) indemnify vimotion from any claims of third parties based on an illegal use of the platform by him. If the user recognizes or must recognize that such an infringement has occurred, vimotion is obliged to be informed immediately.
(5) vimotion is entitled, after timely written notification, to block access to the software and its data if the user violates any of the duties or obligations specified in these terms and conditions. Access shall only be restored when the breach of the obligation or duty concerned has been permanently removed or the risk of recurrence has been ensured by issuing a cease-and-desist declaration against vimotion that is subject to penalty. In such a case, the user has neither claims against vimotion nor against the provider for non-performance.
§ 6 Warranty and liability
(1) vimotion is liable without limitation for intent and gross negligence. Otherwise, the liability of vimotion is excluded.
(2) The above limitations of liability shall not apply in the event of injury to life, limb or health.
(3) The minimum availability is subject of the agreement between provider and user. Accordingly, vimotion does not guarantee availability to the user.
Althütte, 12 June 2014
For providers and admins the