Terms and conditions of use for Studydrive users
Die meinestadt.de GmbH, Jülicher Straße 26, 50674 Köln („Studydrive“) operates the internet platform ("platform") studydrive.net. Users can use the platform to share study materials with other users, create and save content like flash cards or exchange information in discussion forums and via direct messaging. In addition, users have the opportunity to get information about companies as potential employers and to apply for a job with these companies through a job exchange platform.
1.Terms and Conditions
These terms and conditions govern the contractual relationship between Studydrive and the user.
2. Registration
2.1 In order to be able to use the services of Studydrive, registration is necessary. Registration takes place by entering the user's email address and confirming the registration in the confirmation email via the specified email account. By registering, the user creates a user account (“Account”). Only people of legal age with full legal capacity are allowed to register. The data provided during registration must be true. The use of a pseudonym is permitted.
2.2 Studydrive offers training and career services for students and graduates. In an effort to be able to provide users with suitable career offers even after they have started their professional life, the user profile is transferred to the parent company of meinestadt.de GmbH, Stepstone Deutschland GmbH. Users are informed in advance about the data transfer and have the option to object to the transfer.
2.3 The user may not create a new account if Studydrive blocks the old account.
2.4 Studydrive reserves the right to remove user names and profile picture if Studydrive considers this to be necessary to protect the rights of third parties (for example, if the owner of a trademark files a complaint about a user name that does not correspond to the real name of a user).
3. Studydrive services
3.1 Via the Studydrive platform, users can join specialist / topic-related groups and communicate with other users within them.
3.2 Users can also join various topic-related courses via the platform, within which they can upload their own learning documents and classroom transcripts ("materials"), share them with other users, view and manage / archive third-party learning documents.
3.3 Users have the opportunity to receive notifications about internships and entry-level positions based on their information (such as place of study and subject) and to actively search for suitable positions and / or companies via the job exchange within the platform.
3.4 Through active participation on the Studydrive platform a user can earn credits and redeem them for rewards in the Rewards Store. To learn more about Studydrive's Rewards Program and credits, please visit our Rewards T&Cs.
4. Use of the platform
4.1 The respective user who distributes content is responsible for the content of the groups and courses. Studydrive only provides the technical platform for its users so that they can exchange ideas with one another. Studydrive has no influence on the content of its users, unless this is legally required. Studydrive is not obliged to check contributions or direct messages for any legal violations before publication.
4.2 The user may only use the content shared on Studydrive for private study and learning purposes.
4.3 The use of the platform is free of charge.
5. User obligations
5.1 The user guarantees that all content uploaded and posted or sent by him complies with the legal requirements of the Criminal Code, the protection of minors, data protection and industrial property rights and that the personal rights of third parties are respected. The user may not post any content or set any links to websites that violate the rights of another person or the law.
5.2 Other users can report content (direct messages excluded) that does not meet these requirements using the "Report" button or by email to Studydrive. If content is reported via the "Report" button or by email, Studydrive will check the reported content and remove it if necessary. Studydrive does not initially take action with regard to the checking of content, but will nevertheless remove it if Studydrive becomes aware of it. A claim for examination of the contents by Studydrive cannot be derived from this. Users can set preferences on receiving direct messages as well as block chats from other users.
5.3 The user indemnifies Studydrive from all actual and alleged claims of third parties, including the costs of legal prosecution / defense, based on actions or omissions of the user, in particular from claims based on a culpable, illegal or improper use of the platforms or the Failure to comply with applicable regulations or a violation of third party rights by the user or with his approval. The user must inform Studydrive immediately if such a violation is imminent.
5.4 The user may only use the platform with the following restrictions:
- The user is not allowed to post any advertising or send it via direct messaging.
- The user may not use automated mechanisms (such as bots, robots, spiders or scrapers) to access content or information from other users.
- The user must not upload or send viruses or other malicious code.
- The user is not allowed to obtain login information or access an account owned by someone else.
- The user may not insult, intimidate or harass other users.
- The user may not post or send content that contains hate speech, is threatening or pornographic, incites violence, or contains depictions of nudity or violence.
- The user may not use the platform for illegal, misleading, malicious or discriminatory acts.
- The user may not do anything that could block, overload or impair the proper functioning or appearance of the platforms, such as denial-of-service attacks or disrupt the functions of the platform.
5.5 In particular, text boxes must not be filled with personal information as this will never be required for direct messaging and is not intended by Studydrive.
If the above-mentioned requirements are not met and Studydrive becomes aware of this, for example when a user activates the "Report infringement" function or by receiving a corresponding email, Studydrive is entitled to remove the content without prior notification to the user concerned. Furthermore, Studydrive is entitled to block or delete the user's account without prior notification.
5.6 Studydrive users undertake to comply with the quality standards for posting content that can be accessed via this link. In addition, Studydrive users undertake to only upload content, specifically documents, from the university at which they are registered. These standards define the requirements for uploaded files and content in order to ensure the quality and usefulness of the platform for all users. Violations of the quality standards can lead to measures such as the removal of the content or the blocking of the user account. Studydrive reserves the right to make changes to the quality standards at any time. It is your responsibility to inform yourself regularly about the current status of the regulations.
6. Content Notification System and Moderation
6.1 As part of its legal obligations, Studydrive has introduced an electronic notification and complaint procedure to review suspected illegal content published by third parties on the platform operated by Studydrive. In this respect, users of our platform are free to report third-party content if they are convinced that the notified content is a violation of legal regulations (illegal content) and/or the published content violates our general terms and conditions and/or terms of use.
6.2 If,after reviewing a notification, it is determined that the reported content does not comply with the applicable legal requirements and/or violates the provisions of these General Terms and Conditions, Studydrive reserves the right to block, remove or otherwise restrict access to the notified content ("moderation measure"). The same applies to content that Studydrive categorises as illegal and/or in conflict with the General Terms and Conditions on the basis of a voluntary investigation and review. However, Studydrive is not obliged to review the content provided in general.
6.3 Studydrive reserves the right to suspend the processing of a notification if, after careful examination of all circumstances, it is obvious that the reporting person has engaged in abusive behaviour. Such misuse exists in particular if the reporting person repeatedly uses the reporting function for a large number of cases and the review by Studydrive shows that there is no justified reason for the report. Studydrive will inform the reporting person, as far as technically possible, about the suspension of processing.
7. Complaints procedure after moderation decision
7.1 If the person or organisation concerned does not agree with a decision made on the basis of a report via the notification function set up, they generally have the option of submitting a complaint via the internal complaints management procedure set up by Studydrive. The same applies to moderation measures taken on the basis of a voluntary review of the content provided.
7.2 Access to the complaints procedure is available to persons and organisations ("complainants") who have reported allegedly unlawful content, but no moderation measures have been taken by Studydrive. There is also access in cases in which the complainant is affected by a specific moderation measure, such as the temporary removal of published content.
7.3 The person affected have the right to file an internal complaint for a period of six months from the date of Studydrive's decision on the reported content.
7.4 Studydrive reserves the right to suspend the processing of a complaint if, after careful consideration of all circumstances, it is obvious that the complaint is being abusively filed by the complainant. In particular, such abuse occurs where the complainant repeatedly raises the complaint for a large number of cases and Studydrive's review shows that there is no legitimate reason for the complaint. Studydrive will, to the extent technically feasible, inform the complainant of the suspension of processing.
8. Copyrights
8.1 The user may only upload materials that he has created himself or for which he has been expressly authorized to upload by the rights holder.
8.2 By uploading materials, Studydrive is granted a transferable, non-exclusive right of use to the respective content by the respective user. These usage rights are not limited in time or place. Studydrive is entitled to duplicate this content, reproduce it and offer it to other users. The right also includes publication. Studydrive is entitled to edit the uploaded materials to the extent that this is necessary for the presentation and provision on the platform. Studydrive is entitled to convert the content into other formats and to provide the uploaded materials with a watermark and / or a Studydrive logo to protect the author with regard to avoiding duplication or other misuse.
8.3 Studydrive can remove some or all of the content that the user has uploaded to the platform and some or all of the links that he has set without giving reasons. This does not mean that Studydrive checks the uploaded content or links.
8.4 If the user violates the intellectual property rights of others, Studydrive has the right to block the account.
9. Limitation of Liability
9.1 Studydrive is only liable for damage where the cause of the damage is based on an intentional or grossly negligent breach of duty by Studydrive or one of its legal representatives or vicarious agents. Furthermore, Studydrive is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user regularly relies.
9.2 Studydrive is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.3 The above limitations of liability do not apply in the event of intent, injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.4 The above limitations of liability do not affect the burden of proof.
10. Termination
10.1 The contractual relationship can be terminated by either party at any time with immediate effect. Users can do this without prior notice.
10.2 The cancellation can be sent to Studydrive by e-mail to info@studydrive.net or in writing to meinestadt.de GmbH, Jülicher Straße 26, 50674 Köln („Studydrive“).
10.3 The cancellation can be done via the Delete Account Button which can be found under Settings.
11. Changes to these terms and conditions
11.1 Studydrive reserves the right to make appropriate changes to these terms of use, provided these are reasonable for the user. Studydrive will notify the user of changes by e-mail or by posting them on the website. If the user does not object to the validity of the new terms of use within one month of the notification and continues to use the services of Studydrive, the changes are considered accepted. Studydrive will specifically inform the user of this consequence in the notification. The sending date is decisive for the timeliness of the objection.
11.2 Studydrive reserves the right to change the terms of use in the following cases:
- if the change is only beneficial to the user;
- if the change is purely technical or process-related, unless it has significant effects on the user;
- as far as Studydrive is obliged to ensure that the terms of use comply with applicable law, in particular if the relevant laws or their interpretation by the courts change;
- as far as Studydrive introduces additional, completely new services, services or service elements that require a description of services in the terms of use, unless the change is disadvantageous for the user.
13. Applicable Law
The law of the Federal Republic of Germany applies exclusively, provided that this does not restrict the mandatory statutory provisions of the state in which the user has his domicile or habitual residence.