Terms and Conditions for Studydrive and Studycrowd

Preamble

  • In the following paragraphs the terms and conditions for the platforms www.studydrive.net and www.thestudycrowd.com will be outlined in detail. Please read them carefully before using the platforms. From hereon the platforms Studycrowd and Studydrive will be summarized and called Studydrive.
  • Studydrive is a collaborative browser based sharing platform for students. The platform provides a course structure in which the users can engage in discussions and share their own summaries, notes, and other coursework with their peers.
  • Any rights of use are granted to the Studydrive GmbH to operate the platform and illustrate the content. The user retains all rights to the content which he uploaded and posted on the platform.
  • Studydrive GmbH places great importance on the protection of copyrights. We expect our users to respect and adhere to the personal and intellectual property rights of other users and the respective rights holders.
  • The terms and conditions are outlined in the following sections. By registering or using Studydrive all users agree to accept the validity of and ensure compliance with these terms and conditions. You can access and read the terms and conditions at any time on the Studydrive website.

1.Terms and Conditions

The following terms and conditions apply to the use of the platform Studydrive and to all connected services offered by Studydrive GmbH.

2. Registration

2.1 Students are required to register in order to use Studydrive. The registration is free. The registration process requires users to fill out a registration form. The user is obliged to make sure the data provided is complete and does not give any false information. It is forbidden to register an account with third-party information or otherwise inaccurate information. Studydrive GmbH warns against the abuse of titles and occupational titles (§ 132a StGB). If there is a change in the user’s data, the user must notify Studydrive immediately.

The registration is complete once the registration form is completed and send and the user agreed to the terms and conditions and the privacy policy.

2.2 The Studydrive GmbH will send a confirmation e-mail to the e-mail address provided by the user. The confirmation e-mail from Studydrive GmbH represents an offer to conclude a usage agreement. The user accepts this offer by confirming the registration via an activation link sent by e-mail. After doing so, the usage agreement between the Studydrive GmbH and the user is concluded.

2.3 By filing a registration the user is not automatically eligible to enter into a usage agreement with Studydrive GmbH. Studydrive GmbH holds the right to refuse a registration without stating the reasons for the decision made.

3. Login

3.1 The login information and the user account are only to be used by the registered user himself. The login information has to be kept safe and may not be disclosed to any other person. The login information has to be kept confidential by the user in order to prevent any unauthorized use of Studydrive by third parties.

3.2 In case a user recognizes or suspects an abuse of his access the user has to notify Studydrive GmbH immediately. The user is liable for all consequences of third party use, provided that the abuse of login information was within his area of responsibility. In particular, the user is liable if he enables the unauthorized use of login information through negligence. The user's liability terminates once he informs Studydrive GmbH about the unauthorized use or loss of login information and changes the password, if required.

3.3 The Studydrive GmbH has the right to lock and withdraw access rights from its users if the users violate the terms and conditions. Examples for such violations are providing false information on registration or copyright infringements. In addition to that, Studydrive GmbH has the right to terminate the usage agreement without noticing the user or blocking accounts temporarily.

4. Privacy Policy

The Studydrive GmbH is aware that a highly sensitive treatment of all personal data, submitted by the users to Studydrive GmbH, is of great importance to the users. Studydrive GmbH therefore refers to its privacy policy.

5. What does Studydrive provide?

5.1 Our aim is to enable users to communicate and share their study material. In order to accomplish this, Studydrive GmbH provides the necessary platform.

5.2 The user receives information about news and events on the Studydrive platform. This includes updates on the services and features of Studydrive, as well as information about new content in the course. Furthermore the user receives information on job vacancies and offers from our sponsoring partners. In order to unsubscribe the e-mail newsletter the user has to send an email to info@studydrive.net.

5.3 With regard to third party applications such as apps the Studydrive GmbH does not assume any responsibility for the content or services provided by these third party offers. If the user engages in an agreement with such a third party the Studydrive GmbH cannot be held responsible for this. The agreement therefore explicitly only exists between the user and the third party provider and is governed by his provisions and terms.

6. Services, Contract and Termination

6.1 The registration and use of the platform Studydrive are free of charge.

6.2 Studydrive GmbH reserves the right to adapt and modify the services offered on Studydrive. In case of changes to the services offered we will try to minimize the inconvenience to our users. We place great importance on guaranteeing the functionality of our platform. The data of our users should remain secured unless the user consents to the deletion.

6.3 The usage agreement is valid for an indefinite period of time but can be terminated with notice and a termination period of two weeks at the end of the month. Users have the right to terminate the agreement based on extraordinary reasons. In order to terminate the agreement the user has to write an e-mail to the Studydrive GmbH using his e-mail address that was provided in the registration process.

6.5 Once the termination is completed the user account will be deleted including all its content and cannot be retrieved. Files and comments which the user made available to the public will remain on the platform. In case the user wants this content to be removed he is personally responsible for its deletion prior to the termination. The Studydrive GmbH will assume no responsibility for the data and content which was made available by the user.

7. Copyrights and other content rights

7.1 Our users have all rights on their copyrighted works. This holds true even after the upload on Studydrive.

7.2 On the Studydrive platform students can enroll in existing courses, or add new ones. Within each course the users can upload and share their files, engage in discussions and rate the input of fellow students. The content which is shared within a course is only visible to users who are enrolled in the respective course.

7.3 The Studydrive GmbH requires the following rights with regard to the content which the users generate and upload on Studydrive:

7.3.1 If the user decides to upload and publish content on Studydrive he grants Studydrive GmbH transferable, non-exclusive, rights of use. Furthermore the right of use is unlimited in time and is not subject to any geographic restrictions. With this agreement the user allows Studydrive to make the content available for other users and store it. The rights therefore encompass the publication, storage as well as other forms of reproduction. Most importantly the user grants Studydrive the right to use the content as part of applications like news feeds or subscription services. The Studydrive GmbH also reserves the right to open the Studydrive platform using an appropriate application programming interface (called API). Studydrive may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by the user. In that regard, the user grants the Studydrive GmbH the transferable, non-exclusive, rights of use, unlimited in time and without geographic restriction to allow the third parties to access and any possible subsequent public disclosure or transmission of the content.

7.3.2 Studydrive GmbH reserves the right to delete contents without any further explanation.

7.3.3 Studydrive reserves the right to insert advertisements of third parties into content uploaded by users.

7.3.4 Furthermore, Studydrive reserves the right to convert uploaded content to other formats. This includes the right to insert an automatically generated watermark and or a logo of Studydrive in any content that is being uploaded to the platform.

8. Usage rules for the Studydrive platform

Studydrive GmbH provides the technical platform for its users to engage in discussions and material exchange. Studydrive does not and cannot influence the content posted by its users. Only if necessary and within the requirements stated by law will we examine content and take actions if appropriate.

8.1 The commercial use of Studydrive is only allowed with explicit authorization from Studydrive GmbH.

8.2 The user is responsible for the content that he provides on Studydrive. He therefore must ensure that documents, files and comments do not violate any copyright and ancillary copyright protected standards. We expect our users not to upload plagiarised scientific papers or any other form of illegal software etc. Furthermore, the user has to ensure that personal rights and trademark rights by third parties are not affected by the upload of content.

8.3 The user is required to respect and adhere to the statutory regulations such as the Criminal Code, Youth Protection Act, Privacy Act, Copyright Act and Trademark Law. With respect to these regulations it is prohibited to upload content that is unconstitutional, racist, xenophobic, pornographic or in any other form unlawful and improper..

8.4 Any inappropriate use of the portal is prohibited and will be pursued. Inappropriate use occurs in particular if a user engages in activities that negatively affect the functionality of the platform or abuses the platform to insult other users, display racist and xenophobic attitudes and engage in any other form of activity that is detrimental to the functionality and reputation of the platform.

8.5 The user is expected to check the content of a link for any rights violations, before publishing it on Studydrive. Posting links to illegal pages is prohibited. The Studydrive GmbH is not responsible for the content on third party pages and thus does not assume any liability for it.

8.6 In case a user becomes aware of any inappropriate or unlawful and illegal content we ask you to report the violation via the report button or e-mail to Studydrive GmbH.

9. Violations of the terms and conditions and other agreements

9.1 In order to prevent copyright violations or other forms of illegal behaviour on the platform the Studydrive GmbH reserves the right to delete content, block users temporarily or end the usage agreement with certain users who violated the terms and conditions.

9.2 The right to terminate the agreement or a block a user is also applicable if Studydrive gains knowledge or suspects that users systematically undermine the functionality of the platform orabuse the services provided (e.g., e-mail abuse, introduction of viruses, worms and Trojan Horses).

9.3 Studydrive has procedures in place to stop infringement of third party rights. If you claim that certain content infringes your copyrights, you can report this alleged infringement to Studydrive by pressing the button “report document”. This button is available on each file page.

9.4 The notice in the e-mail to 'abuse@studydrive.net' should include:

  • A statement that your rights have been infringed with a description of how and why this is the case at hand.
  • A statement that includes evidence that the information provided in your notice is accurate and complete. Concerning the alleged infringement of Intellectual Property Rights – please provide information and evidence that you are the holder of the respective Intellectual Property Rights or that you are authorized to act on behalf of the holder.
  • A description of the work or works which have been allegedly infringed. Please specify precisely the nature of the alleged infringement.
  • Please include contact details such as your complete name, address, telephone number and email address.
  • 9.5 Studydrive reserves the right to forward the notice to the party responsible for the content to which the notice refers. In case the reported file is subject to infringement and proves to be unlawful Studydrive reserves the right to remove the content from the platform. However, Studydrive reserves the right to decline a request for removal if there are reasonable doubts about the lawful nature of the alleged infringement. Studydrive will not be a party to any dispute between the party that issued the notice and the other party. Issuing a notice, indemnifies Studydrive from any claim of third parties. This includes any claims resulting from deleting content or the provision of personal user information.

    10. Liability of the user

    10.1 The user has to ensure that he has the appropriate rights which entitle him to grant the Studydrive GmbH the rights of use to the uploaded content. The user warrants to the Studydrive GmbH not to publish content which in any form violates copyright regulations and any other applicable laws. Furthermore the user agrees not to engage in any other prohibited actions which are outlined in our terms and conditions.

    10.2 The user is solely responsible for all of his content uploaded to the platform as well as for all his communication on the platform. As a consequence the user agrees to indemnify the Studydrive GmbH from any liabilities, responsibilities and claims which could be brought forward if the user violates its obligations under section 8. and 9 outlined in the terms and conditions or any other existing regulations and laws that apply. Examples of such liabilities or expenses include legal costs, administrative fees and other costs associated with potential claims against the Studydrive GmbH. The same applies if the claim is a result of illegal content. In such cases the Studydrive GmbH will inform the user and give him the option to defend himself if appropriate. In case of violations and infringements the use is obliged to terminate the improper conduct on his side immediately. By communicating the allegations to the user the Studydrive GmbH fulfilled their responsibility and shall not be held responsible for any further claims and actions. All further rights and claims of the Studydrive GmbH for damages remain unaffected.

    10.3 In case the content of a user violates any copyrights and other third party rights, the user is responsible to provide the Studydrive GmbH with the required right of use. Furthermore the user is responsible to provide the content free of infringement and at the user’s expense.

    11. Liability

    11.1 For content that was uploaded by the user, only the user himself shall be liable. In this respect the Studydrive GmbH shall not assume any liability.

    11.2 The Studydrive GmbH is not liable for malfunctions or temporary downtimes of the website. The user acknowledges this and does not have the right to bring forward any claims resulting out of such incidents.

    In particular the Studydrive GmbH shall not be liable for damages resulting from loss of data. The user is responsible to make regular and complete backups of his data.

    12. Saving of the contract text

    12.1 As part of the confirmation e-mail the user receives the terms and conditions. The terms and conditions can also be accessed at any time on www.studydrive.net

    13. Final Provisions

    13.1 The Studydrive GmbH has the right to change the terms and conditions at any time without any further explanation. Adapted terms and conditions will be sent to the users via e-mail. In case the user does not agree with the new terms and conditions he must object to those within 14 days after receipt of the e-mail. The objection must be in writing, otherwise the new terms are agreed on by the user. All information regarding the new terms, the objection deadline etc. are communicated in an e-mail. If the user objects the new terms either party has the right to terminate the agreement. Studydrive retains the right to introduce fees for some services in the future. If this will be the case then the Studydrive GmbH will propose a new agreement which will require the explicit conformation and agreement of the user to be valid.

    13.2 The Studydrive GmbH is registered in Germany. Therefore all contractual relationships as well as the terms and conditions are and shall be subject to the laws of the Federal Republic of Germany. The use of German International Private Law and the UN purchasing law is excluded.