Terms and Conditions of Use | Studydrive
Studydrive GmbH, Am Postbahnhof 17, 10243 Berlin Berlin ("Studydrive") operates an internet platform ("Platform") at studydrive.net. Users can use this platform to share teaching materials with other users, create and save their own content (e.g., flashcards) directly on the platform, engage in discussion forums and direct messaging with other users, and receive additional services related to education and careers. Users have the opportunity to learn about companies as potential employers and apply to them via a job board.
1. Scope of application
These terms of use govern the contractual relationship between Studydrive and the user.
2. Registration
2.1 Registration is required to use Studydrive's services. Registration is completed by entering the user's email address and confirming registration in the confirmation email via the specified email account. By registering, the user creates a user account ("Account"). Only persons of legal age and full legal capacity may register. The information provided during registration must be true. The use of a pseudonym is permitted.
2.2 Studydrive offers education and career services for students and graduates. In an effort to continue providing users with suitable career opportunities after they enter the workforce, the user profile is transferred to Studydrive GmbH's parent company, Stepstone Deutschland GmbH. Users will be informed in advance about the data transfer and have the opportunity to object to the transfer.
2.3 Users may not create a new account if Studydrive blocks their account.
2.4 Studydrive reserves the right to remove usernames and profile pictures if Studydrive deems this necessary to protect the rights of third parties (for example, if the owner of a trademark files a complaint about a username that does not correspond to a user's real name).
3. Services of Studydrive
3.1 Users can join subject/topic-related groups via the platform and communicate with other users within these groups.
3.2 Users can also join various topic-related courses via the Platform, within which they can upload their own learning materials and class notes (“Materials”), share them with other users, view other people’s learning materials, and manage/archive them.
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 of study) and to actively search for suitable positions and/or companies via the job board within the platform.
3.4 Through active participation on our platform, users can earn credits, which they can then redeem for rewards. You can learn more about our rewards program in our Rewards Program Terms of Use .
4. Use of the platform
4.1 The respective users who distribute the content are solely responsible for the content of the groups and courses. Studydrive merely provides the technical platform for its users to communicate with each other. Studydrive does not influence the content of its users unless legally required. However, Studydrive is not obligated to review posts or direct messages for possible violations of law prior to publication.
4.2 Users may use the content shared on Studydrive exclusively for private study and learning purposes.
4.3 The use of the platform is free of charge.
5. User Obligations
5.1 Users guarantee that all content uploaded, posted, and transmitted by them complies with the legal requirements of the Criminal Code, the protection of minors, data protection, and intellectual property rights, and respects the personal rights of third parties. Users may not post content or link to websites that violate the rights of another person or the law.
5.2 Content, with the exception of direct messages, that does not meet these requirements can be reported to Studydrive by other users using the "Report" button or by email. If content is reported using the "Report" button or by email, Studydrive will review the reported content and remove it if necessary. Studydrive does not initially take action regarding the review of content, but will nevertheless remove such content if Studydrive becomes aware of it. This does not constitute a claim to have Studydrive review the content. Users can set preferences for receiving direct messages and block chats from other users.
5.3 Users indemnify Studydrive against all actual and alleged third-party claims, including the costs of legal action/defense, arising from the actions or omissions of users, in particular claims based on culpable, unlawful, or improper use of the Platforms, non-compliance with applicable regulations, or a violation of third-party rights by users or with their consent. Users must notify Studydrive immediately if such a violation is imminent.
5.4 Users may only use the Platform subject to the following restrictions:
- You may not post or send any advertisements via direct message.
- You may not access other users’ content or information through automated mechanisms (such as bots, robots, spiders or scrapers).
- You may not upload or send viruses or other malicious code.
- You may not obtain login credentials or access an account belonging to another person.
- You may not insult, intimidate or harass other users.
- You may not post or send content that contains hate speech, is threatening, pornographic, incites violence, or contains depictions of nudity or violence.
- You may not use the Platforms for any unlawful, misleading, malicious or discriminatory activity.
- You may not do anything that could block, overburden, or impair the proper functioning or appearance of the Platforms, such as conducting denial-of-service attacks or disrupting any functionality of the Platforms.
5.5 In particular, free text fields must not be filled with personal data, as this will never be necessary for direct messages and is not intended by Studydrive.
If the above requirements are not met and Studydrive becomes aware of this, for example, through other users activating the reporting function or receiving a corresponding email, Studydrive is entitled to remove the content without prior notice to the affected users. Furthermore, Studydrive is entitled to block or delete the user's account without prior notice.
6. Copyright
6.1 Users may only upload materials that they have created themselves or that they have been expressly authorized to upload by the rights holder.
6.2 By uploading materials, the respective users grant Studydrive a transferable, non-exclusive right of use to the respective content. These rights of use are neither limited in time nor in space. Studydrive is entitled to reproduce this content, to display it, and to offer it to other users. This right also includes publication. Studydrive is entitled to edit the uploaded materials to the extent necessary for presentation and availability on the platform. Studydrive is entitled to convert the content into other formats and to add a Studydrive watermark and/or logo to the uploaded materials to protect the author and prevent duplication or other misuse.
6.3 Studydrive may remove any or all content uploaded by users to the platform, as well as any or all links they have posted, without giving reasons. This does not imply that Studydrive reviews the uploaded content or links.
6.4 If users infringe the intellectual property rights of others, Studydrive has the right to block their account.
7. Limitation of Liability
7.1 Studydrive is only liable for damages caused by 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 whose fulfillment is essential for the proper execution of the contract and on whose compliance users regularly rely.
7.2 Studydrive shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
7.3 The above limitations of liability do not apply in cases of willful intent, injury to life, body, or health, for defects after a guarantee has been given for the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
7.4 The above limitations of liability do not affect the burden of proof.
8. Termination
8.1 The contractual relationship may be terminated by either party at any time with immediate effect. Users may terminate the contractual relationship without prior notice.
8.2 Notice of termination can be sent to Studydrive by email to info@studydrive.net or in writing to Studydrive GmbH, Karl-Marx-Straße 97-99, 12043 Berlin.
8.3 Cancellation can be made by clicking the "Delete Account" button, which can be found under "Settings."
9. Amendments to these Terms and Conditions
9.1 Studydrive reserves the right to make reasonable changes to these Terms of Use, provided they are reasonable for users. Studydrive will notify its users of changes by email or by posting them on the website. If users do not object to the validity of the new Terms of Use within one month of notification and continue to use Studydrive's services, the changes will be deemed accepted. Studydrive will specifically draw users' attention to this consequence in the notification. The date of dispatch of the objection is decisive for the timeliness of the objection.
9.2 Studydrive reserves the right to change the Terms of Use in the following cases:
- if the change is only beneficial to users;
- if the change is purely technical or procedural, unless it has a significant impact on users;
- to the extent that 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;
- To the extent that Studydrive introduces additional, entirely new services, services or service elements that require a service description in the Terms of Use, unless the change is detrimental to the users.
10. Applicable law
The law of the Federal Republic of Germany shall apply exclusively, unless it restricts any mandatory legal provisions of the state in which the user has his/her place of residence or habitual abode.