1. Scope of application of the terms of use
These terms of use apply to the online offer of the company 8com (hereinafter referred to as "operator"), which can be accessed on the Internet at demo.mit-sicherheit-fit.de or www.mit-sicherheit-fit.ch. This is a platform on which employees (hereinafter referred to as "users") are trained in the handling of information security. The profiles are created by the responsible person within the user's company. The person responsible assigns the users time-controlled tasks or important information that are to be processed within a specified period of time.
You can call up and print out the currently valid terms of use at demo.mit-sicherheit-fit.de/rechtliches/nutzungsbedingungen or www.mit-sicherheit-fit.ch/rechtliches/nutzungsbedingungen
2. Conclusion of contract and user account
A contract was concluded with the authorized representative from the user's company. In order to be able to use the portal, each user must accept the terms of use when registering for the first time.
The user receives his access data by e-mail. This consists of a user name and a password (hereinafter referred to as "log-in data").
3. Use of the profile
When using the profile, the user can make use of various services of the training portal. These include videos, user guides, web-based trainings, exams, an interactive office and own content provided by the responsible person from the user's company. These contents are regularly updated at the discretion of the operator. Excluded from this are own contents, which are made available to the user by his company.
The operator is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
The operator makes every effort to ensure the trouble-free operation of the online service. This is naturally limited to services over which the operator has an influence. The operator is at liberty to restrict access to the online service in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the operator's control.
4. Copyright and other rights
4.1 Copyright and rights of use
In principle, all copyrights and exploitation rights to the services created by the operator or a subcontractor or made available by the operator or a subcontractor (in particular logos, images, videos, texts, etc.) remain with the operator or the respective subcontractor. Unless otherwise agreed, the user receives a simple, non-exclusive right of use to the content provided (until the end of the free trial period or, in the case of an extension, until the end of the rental agreement, for the operation of the online service provided by the operator). Reproduction and other uses of any kind, regardless of the medium, which go beyond the present provisions or separate regulations, require the prior written consent of the operator. Should the contents mentioned in chapter 3 be published to third parties or via the Internet, the operator is entitled in these cases to assert the resulting damages against the user by way of a license analogy. Each user account may only be used by the authorized user. The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data. In the case of jointly used accounts, the operator reserves the right to warn or block individual users or the contact person from the parent company.
4.2 Other rights
In addition, the user undertakes to protect all rights of the operator or its subcontractors, in particular copyrights, trademark rights and name rights.
5. Final provisions
Should individual provisions of the party agreements be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all legal disputes arising from or in connection with these terms of use is Neustadt an der Weinstraße/Germany. However, the operator is also entitled to sue at the general place of jurisdiction of the licensee.