Your use of the OpenCourseWorld Website (the 'Website') and any products,
software and services, including the videos and content that are provided
by OpenCourseWorld on or from the Website (herein collectively designated
as the 'Services') is subject to these Terms (legal agreement) between you
and imc information multimedia communication AG, as the operator of
OpenCourseWorld. 'OpenCourseWorld' / imc information multimedia
communication AG has its principal place of business at Scheer Tower,
Uni-Campus Nord, 66123 Saarbrucken, Germany.
Your legal agreement with OpenCourseWorld consists of (A) the terms and
conditions contained in this document and (B) OpenCourseWorld's
The Terms constitute a legally binding agreement between you and imc
information multimedia communication AG regarding the use of the Services.
It is important that you take the time to read them carefully.
The Terms apply to all users of the Website, including those users who
contribute video content, information and other materials or Services to
Accepting the Terms
In order to use the Services, you must agree to the Terms.
You may not use the Services if you do not accept the Terms.
You can accept the Terms by simply using the Services.
You acknowledge and agree that OpenCourseWorld will treat your use
of the Services from this point on as an acceptance of the Terms.
You are not allowed to use the Services nor accept the Terms under
the following conditions: if (a) you have not yet reached the legally
required age to form a binding contract with OpenCourseWorld; or (b)
under the law of the country in which you reside or from which you
access or use the Services, you are excluded or otherwise prohibited
by law from receiving or using the Services.
You should print the Terms for your records or save them locally.
Language of the Terms
As far as OpenCourseWorld presents to you a translation of the German
language version of the Terms, this is merely for your convenience.
Regarding your relationship with OpenCourseWorld, the German language
version always prevails.
If discrepancies or contradictions between the German language version
and a translated version exist, then the German language version always
Changes to the Terms
OpenCourseWorld may change the Terms from time to time. If such changes
are effected, OpenCourseWorld will make available a new copy of the
Terms at: https://www.opencourseworld.de
You acknowledge and agree that if you continue to use the Services after
the date on which the Terms have changed, then OpenCourseWorld will treat
your use as acceptance of the amended Terms.
You should check the Terms regularly for changes.
OpenCourseWorld user accounts
In order to access some features of the Website or other Services,
you need to create an account with OpenCourseWorld. When you set up
your account, you must provide accurate and complete information.
It is important that you keep the password to your OpenCourseWorld
User account secure and confidential.
You must inform OpenCourseWorld immediately of any infringement of
security precautions that you become aware of or any unauthorised
use of your OpenCourseWorld user account.
You agree that you are solely responsible (both vis-à-vis OpenCourseWorld
as well as vis-à-vis others) for all activities that occur under your
General restrictions on use
OpenCourseWorld hereby grants you, subject to the following express
Terms, permission to access the Website and the Services and to use
them. Further, you agree that any deviation from any of these Terms
constitutes a breach of this agreement on your part:
You agree not to distribute any part of the Website or entire
web pages themselves, by any means, without the prior written
authorisation of OpenCourseWorld. This also applies - but not
exclusively - to any User Submissions (as defined below);
You agree not to alter or modify any portion of the Website or
any of the Services (including - but not limited to - the
OpenCourseWorld Player and its related technologies);
You agree to only access User Submissions (as defined below) or
any other content made available on the Website (including
OpenCourseWorld Content as defined below) using such technology
or other means that are expressly designated by OpenCourseWorld
for this purpose;
You agree not to bypass (or attempt to bypass), eliminate or
impair in any way any security-related features of the Website
whereby (i) the use or reproduction of User Submissions or
OpenCourseWorld Content would be impaired or restricted or
(ii) the usability of the Website or Content accessible via the
Website would be limited;
You agree not to use the Website or any Services (including the
OpenCourseWorld Player) for any commercial purpose, unless with
the prior written authorisation of OpenCourseWorld. Prohibited
commercial uses include - but are not limited to:
disclosure of access data for the Website or any of
the Services (such as the OpenCourseWorld Player) on
another Website for the primary purpose of generating
advertising or subscription income; and
redistribution of the Services (including any User
Submissions accessible via such Services) for the primary
purpose of generating income in business ventures that are
significantly similar or comparable to OpenCourseWorld.
however, the aforementioned provision does not cover (i)
uploading a document or content to OpenCourseWorld and (ii)
any use that OpenCourseWorld expressly gives you permission
which is in writing and signed;
you agree not to use any automated system (including - but
not limited to - any robot, spider or offline reader) to
access the Website in a way that sends more requests to the
OpenCourseWorld server within a certain period than a person
within the same period could reasonably send using a publicly
available, non-modified standard web browser;
you agree not to collect or skim off any personal data of any
user of the Website or any of the Services ('harvesting')
(in this context, the term 'personal data' is also understood
to mean the names of user accounts with OpenCourseWorld);
you agree not to use the Website and the Services (including
the comments and email features of the Website) for the creation
of business opportunities related to trade or a commercial enterprise;
you agree not to make contact with any user of the Website on
account of that user's User Submissions for a commercial purpose;
you agree not to access user videos and user content for any
purpose other than purely personal, non-commercial use, and only
in the context which is specified and permitted by the normal
features offered by the Services.
When using the Services, you agree to comply with all other
provisions of the Terms and the OpenCourseWorld Community
guidelines at all times.
If necessary, OpenCourseWorld permits the operators of public
search engines to use spiders in order to copy material from
the site; however, this is only permitted for the purpose of
creating publicly accessible and searchable lists of materials,
but not for the creation of caches or archives of such materials.
OpenCourseWorld reserves the right to revoke this permission
either generally or in specific cases.
OpenCourseWorld is constantly innovating in order to provide its
users with the best possible experience. You acknowledge and agree
that the form and nature of the Services provided by
OpenCourseWorld may change from time to time, without prior
notification being given to you.
You acknowledge and agree that as part of this constant renewal,
OpenCourseWorld may in its sole discretion (temporarily or permanently)
cease providing you or users in general with the Services (or any
features within the Services), without giving you prior notification.
You are entitled to cease using the Services at any time. You are
not obliged to specifically notify OpenCourseWorld when you cease
to use the Services.
You agree that you are solely responsible for (and that
OpenCourseWorld is not responsible vis-à-vis you or any third party)
in connection with and for the consequences of any breach of your
obligations under these Terms (including any loss or damage thereby
suffered by OpenCourseWorld).
Your User Submissions
As the owner of a user account on OpenCourseWorld you can
create your own documents and text comments notes (jointly
referred to as: 'User Submissions'. You acknowledge that
OpenCourseWorld, regardless of whether such User Submissions
are published, does not guarantee any confidentiality with
respect to any User Submissions.
You retain all ownership rights in your User Submissions.
Notwithstanding the above, it is necessary that you give
OpenCourseWorld and other users of the Website restricted
rights of use. These are described in more detail in
Section 9 of these Terms (‘The rights that you grant’).
You acknowledge and agree that you are solely responsible
for your User Submissions and the consequences of your
postings or your publication. OpenCourseWorld does not
accept or confirm any USER SUBMISSION, or any opinion,
recommendation or advice contained therein, and
OpenCourseWorld expressly excludes all liability in
connection with User Submissions.
You represent and warrant that you have all the necessary
licences, rights, consents and permissions (and will have
for the entire period of your use of the Services) that are
required to ensure that OpenCourseWorld can use your User
Submission for the purpose of providing Services via
OpenCourseWorld and can use your User Submissions elsewhere
in the manner stipulated on the Website and in these Terms.
Content of your User Submissions
You agree that your conduct in the use of the Website
(and the content of all of your User Submissions) complies
with OpenCourseWorld's guidelines.
You agree that you shall not post or upload any User
Submission the possession of which by you is illegal in the
country of your residence or the use or possession of which
by OpenCourseWorld would be illegal in connection with the
provision of Services.
You agree that you shall not post or upload any User
Submissions that are subject to third-party property rights
(including confidentiality or privacy rights), unless you hold
a formal licence or have permission from the rightful owner,
whereby pursuant to section 9.1 below, OpenCourseWorld is
permitted to post the material in question and is granted
OpenCourseWorld reserves the right (but shall not be obliged)
to decide whether User Submissions comply with the content
requirements, as laid down in these Terms. OpenCourseWorld
may at any time remove without prior notice and at its sole
discretion such User Submissions that breach these Terms and
/ or block a user's access right that is required for
uploading user content.
You acknowledge and agree that during use of the Website and
the Services you may be exposed to User Submissions that are
on a factual basis are inaccurate, offensive or indecent or
otherwise perceived by you as disturbing. You agree and
hereby waive any and all rights and remedies vis-à-vis
OpenCourseWorld that you are entitled to with respect to
such User Submissions.
The rights that you grant
By uploading or posting User Submissions for OpenCourseWorld you grant
OpenCourseWorld and imc information multimedia communication AG,
a worldwide, non-exclusive, royalty-free licence (with the right
to sublicense) for the use, reproduction, distribution,
preparation of derivative works, exhibition and performance of
User Submissions in connection with the provision of the Services
and otherwise in connection with the provision of the Website and
OpenCourseWorld's transactions, including, but not limited to the
advertising and redistribution of the whole or parts of the Website
(and derivative works based thereon) regardless of the media format
and regardless of the distribution channels;
any user of the Website a worldwide, non-exclusive, royalty-free
licence for access to your User Submissions via the Website, as well
as for the use, reproduction, distribution, preparation of derivative
works, exhibition and performance of such User Submissions to the
extent allowed by the features of the Website and permitted under
The above licences regarding User Submissions granted by you expire as
soon as you remove your User Submissions from the Website. However,
User Comments are perpetual and irrevocable, but do not affect your
designated property rights described in Section 7.2 above.
OpenCourseWorld Content on the Website
With the exception of User Submissions, all Content available on
the Website, including but not limited to text, software, scripts,
graphics, photos, sounds, music and interactive elements on the
site (the 'OpenCourseWorld Content') are owned by OpenCourseWorld
or are licensed to OpenCourseWorld, and are the subject of copyright,
trademark and other intellectual property rights of OpenCourseWorld
or OpenCourseWorld's licensors. Any one trade or service marks
connected to the OpenCourseWorld Content are attributable to their
For any other purposes in any form whatsoever OpenCourseWorld Content
may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited, unless
with the prior written consent of OpenCourseWorld or OpenCourseWorld's
licensors. OpenCourseWorld reserves all rights not expressly granted to
and with respect to OpenCourseWorld Content.
The Services may include hyperlinks to other websites that
are not owned by OpenCourseWorld or controlled by OpenCourseWorld.
OpenCourseWorld has no control over and assumes no responsibility
for the content, privacy policies or activities of any external
You acknowledge and agree that OpenCourseWorld is not responsible
for the availability of such external sites or resources, and does
not accept or affirm any advertising, products or other materials
provided by or available via such websites.
You acknowledge and agree that OpenCourseWorld is not responsible
for any loss or damage which you suffer as a result of the
availability of such external sites or sources, or as a result of
your confidence in the completeness, accuracy or the existence of
any advertising, products or other materials provided by or
available via such websites.
OpenCourseWorld encourages you to be vigilant when leaving the
Ending your relationship with OpenCourseWorld
These Terms remain in effect until terminated by either you or
OpenCourseWorld in accordance with the following.
If you want to terminate your legal agreement with OpenCourseWorld,
you can do this by (a) providing notification to OpenCourseWorld at
any time and (b) closing your user account with OpenCourseWorld.
Your notification must be sent in writing to the address of
OpenCourseWorld mentioned at the outset of these Terms and
OpenCourseWorld may terminate its legal agreement with you at any
time, provided that:
you have breached any provision of the Terms (or have acted
in a manner that clearly shows that you are not willing or
able to comply with the provisions of the Terms),
OpenCourseWorld is legally obliged to terminate its legal
agreement (e.g. if the provision of Services to you is or
will be illegal); or
OpenCourseWorld ceases to provide the Services to users in
the country in which you are resident or from which you use
the Services; or
the provision of the Services to you by OpenCourseWorld is -
in the opinion of OpenCourseWorld - no longer profitable.
Expiry of these Terms will be without prejudice to any rights,
obligations or liability which benefited or governed either you or
OpenCourseWorld (or which accrued during the period of validity of
the Terms), or whose indefinite continuance has been arranged.
The provisions laid down in Section 15.6 apply perpetually to such
rights, obligations and liability.
Disclaimer of warranties
These Terms do not affect any statutory rights which are due to all
consumers that cannot be contractually changed or cancelled.
The Services are provided on an 'as is' basis and OpenCourseWorld
provides no warranty or guarantee in this regard.
In particular, OpenCourseWorld does not guarantee or warrant that:
your use of the Services will meet your expectations,
your use of the Services will be uninterrupted, timely,
secure and free of errors,
any information that you receive as a result of the use
of the Services is accurate or reliable, and
that errors in the operation or functionality of any software
that you receive as part of the Services will be corrected.
Other conditions, warranties or other terms (including any implied
terms as to satisfactory quality or compliance with description) are
not applicable to the Services or only to the extent expressly
designated by the Terms.
Limitation of liability
These Terms do not exclude or limit the liability of
OpenCourseWorld if such liability cannot be lawfully
excluded or limited under the applicable law.
Notwithstanding the general stipulation laid down
in Section 14.1 above, OpenCourseWorld is not liable for:
any indirect or consequential damage that you suffer.
This includes any loss of profits (whether directly
or indirectly), any loss of goodwill or business
reputation, and any loss of data suffered by you.
any loss or damage that you suffer as a result of:
any trust you have placed in the completeness,
accuracy or existence of any advertising, or as
a result of any relationship or transaction
between you and any advertiser or sponsor whose
advertising appears in the Services;
any changes made by OpenCourseWorld to the Services,
or any permanent or temporary cessation in the
provision of the Services (or any features within
deletion, damage or storage errors related to User
Submissions and other communication data that are
received or transmitted during your use of the
Services or via the Services;
your failure to provide OpenCourseWorld with
appropriate information concerning the user account;
your failure to keep your password or details about
your OpenCourseWorld user account secure and confidential.
The limitations of OpenCourseWorld's liability vis-à-vis you,
as specified under Section 14.2 above shall apply regardless
of whether OpenCourseWorld has been advised of or was aware of
the possibility of such losses.
These Terms constitute the whole legal agreement between you
and OpenCourseWorld, govern your use of the Services and
completely replace any prior agreement between you and
OpenCourseWorld regarding the Services.
Notifications regarding your contractual relationship with
OpenCourseWorld and your use of the Services, including
notifications about changes to these Terms, shall be sent by
OpenCourseWorld to you by e-mail, regular mail or postings on
the Website of OpenCourseWorld.
You agree that failure to exercise or enforce any rights or
remedies which are given under the Terms (or which are available
to OpenCourseWorld under any applicable law) does not constitute
a formal waiver of OpenCourseWorld's rights and that these rights
or remedies are still available to OpenCourseWorld.
If any court of competent jurisdiction decides that any provision
of these Terms is invalid, that provision shall be excluded from
the Terms, whereby the validity of the remaining Terms shall remain
unaffected. The remaining provisions of the Terms shall remain valid
and applicable in this case.
You acknowledge and agree that each member of the group of companies
belonging to OpenCourseWorld is a third party beneficiary to the
Terms and that these other companies are entitled to rely on and
immediately enforce any provision laid down in these Terms that gives
you an advantage (or rights). Apart from this, no other person and no
other company are intended to be a third party beneficiary to the
These Terms and your relationship with OpenCourseWorld under these
Terms are subject exclusively to the laws of the Federal Republic
of Germany with the exception of those Terms which refer to the law
of other countries, and with the exception of the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
You and OpenCourseWorld agree on the exclusive jurisdiction of German
courts; you and OpenCourseWorld further agree that the courts with
competence for the principal place of business of imc AG shall have
territorial jurisdiction for the resolution of all disputes arising
from or in connection with these Terms and the legal relationship between
you and OpenCourseWorld or imc information multimedia communication
AG respectively. Notwithstanding the above, you acknowledge and agree
that OpenCourseWorld and imc information multimedia communication AG
may enforce any remedies (especially cease and desist orders or
comparable types of injunctive relief) in any other jurisdiction
This Website uses Google Analytics, a web analytics service provided by Google Inc.
computer to help analyse how users use the Website. The information generated by the
cookie about your use of this Website is usually transferred to a server of Google in
the USA and stored there. If IP anonymisation is activated on the Website, your IP
address will be truncated by Google within the area of Member States of the European
Union or in other contracting states to the Agreement on the European Economic Area.
Only in exceptional cases is the full IP address transmitted to a Google server in
the USA and truncated there. On behalf of the operator of this Website, Google will
use this information to evaluate the usage of the Website by you, to compile reports
on Website activities and to provide further services associated with the usage of the
Website and of the Internet to the Website operator. The IP address transmitted by your
browser as part of the Google Analytics service will not be linked to other data held
by Google. You can prevent cookies from being stored by choosing a specific setting on
your browser software; please note, however, that in such a case you will possibly not
be able to benefit from all the features of this Website. In addition, you can prevent
the collection of data generated by the cookie and related to the usage of the website
(including your IP address) by Google and the processing of such data by Google by
downloading and installing the browser plug-in which is available at: