for the Video Conference and Project Management Platform “DINA.international”
(The German version is definitive / translation into English)
1. Scope of application
- These terms and conditions apply to the use of the Internet platform “Dina.international”, operated by the Stiftung Deutsch-Russischer Jugendaustausch gGmbH, Mittelweg 117b, 20149 Hamburg (in the following referred to as the “DRJA Foundation“).
- DINA.international is a joint project run by specialist and funding bodies responsible for international youth work, namely the Stiftung Deutsch-Russischer Jugendaustausch gGmbH, the German-Polish Youth Office, the German-French Youth Office, the Coordination Centre for German-Israeli Youth Exchange – ConAct and the Coordination Centre for German-Czech Youth Exchange – Tandem. The DRJA Foundation represents the project partners with respect to the platform users.
- The Terms and Conditions of Use in their valid version at the time of the conclusion of the contract (registration) apply exclusively to the use of the Internet platform. Alternative terms and conditions of the users are inapplicable, unless the DRJA Foundation has expressly agreed their validity.
2. Service description
- With the Internet platform the DRJA Foundation provides registered users with a communication platform with diverse functions, which, within the framework of the international youth and student exchange, is designed to enable users to work interactively as well as present exchange projects.
- The target group is both organisers of youth exchanges, specialist and teaching staff engaged in international youth exchange, as well as participants in international youth exchanges in the field of school, extra-curricular and vocational youth exchanges. Users who do not want to use the platform in the context of international youth exchange are hereby informed that they must use another system. If users should repeatedly violate this stipulation their user account can be deleted.
- The Internet platform is designed for users who are at least 12 years old.
- The DRJA Foundation makes every effort to provide access to the Internet platform for all users 24 hours per day and seven days per week. However, temporary interruptions to the service, in particular due to the usual maintenance work, system-internal disruptions to the Internet or cases of force majeure, are possible. Consequently, users do not have the right to an uninterrupted access to the Internet platform at all times. No specific availability is guaranteed.
- The DJRA Foundation, on principle, does not charge any fees for the use of the Internet platform in its standard functions. However, the participation in, i.e. access to certain areas of the platform can be limited/regulated by organisers using the platform by means of a participation fee.
- Should the user choose to deploy functions on the platform which go beyond the standard functions, e.g. the booking of video conference capacity, this can result in costs incurred with the technical service provider. Here the price lists for the events of third parties in their respective current version apply.
- The use of the Internet platform, where applicable, can result in Internet connection costs for the user which are dependent on the respective contract of the user or other possible contracts, and therefore cannot be the subject of these terms and conditions.
4. Registration (conclusion of the contract)
- With the registration a contract is concluded between the user and the DRJA Foundation.
- In order to register the user, after clicking on the menu item “Register” or “Now register free of charge” on the Internet platform, must, at the very least, truthfully fill out the mandatory fields as indicated in the registration form.
- The user can correct, alter or delete any of the entries in the form at any time before sending it. If the details do not meet the requirements the user will receive a corresponding instruction. By clicking in the field “Register” the user, submits a binding application for the conclusion of the contract for the use of the Internet platform. The registration is hereby completed and the form sent to the DRJA Foundation. The user subsequently receives an automatically generated conformation e-mail sent to the e-mail address he/she has provided. With the hyperlink contained in the confirmation e-mail the user has the possibility of fully activating their user account. With its acceptance of the first login and its provision of the service, the DRJA Foundation accepts the submission.
- Underage users can only register with the consent of their parent or legal guardian.
- In the event of incomplete or incorrect data in the mandatory fields, in particular an incorrect e-mail address, the DRJA Foundation reserves the right to delete the corresponding user account. However, in such a case, the user can set up a new user account by entering their data, completely and correctly.
- The following languages are currently available to the user for the conclusion of the contract: German and English. Communication with the DRJA Foundation can be conducted in German and English.
- Within the framework of the registration the user must accept these Terms and Conditions of Use and can consult them at this juncture. They can be saved using the web browser’s “Save” function and printed using the web browser’s “Print” function. Apart from the Terms and Conditions of Use, no contractual text is saved. Furthermore, they will be sent to the e-mail address provided by the user within the framework of the registration process. These terms and conditions, in their current version, are provided on the Internet platform’s website.
5. Rules of Conduct for Users, Exemption
- Users pledge to conduct themselves in a respectful, objective and relevant manner within the Internet platform.
- Within the framework of their use of the Internet platform users must observe the respective valid legal provisions. In particular, photographs from third parties or photos showing third parties may only be posted when this is legally permissible, i.e. because these third parties have given their consent. In the case of minors the consent of the parent or legal guardian must be obtained.
- In particular, the user is prohibited from:
- posting content without being in possession of the necessary rights;
- advertising, offering or selling legally protected (e.g. by means of copyright, trademark law, patent, design or utility patent law) content, goods or services under legally protected signs (e.g. trademarks), without been authorised to do so;
- posting discriminatory, inhuman, insulting or illegal content, or that which promotes or countenances terrorism or which offends common decency;
- posting pornographic content or that which violates youth protection legislation, advertising, offering or selling pornographic content or that which violates youth protection legislation;
- unreasonably disturbing other users (in particular as a result of spam);
- engaging in or promoting acts of commercial advertising or anti-competitive practices;
- engaging in actions that are capable of impairing the infrastructure used by the DRJA Foundation, in particular those that place it under an excessive strain.
- In the event of the violation of the above rules or illegal activity on the part of users within the Internet platform, the DRJA Foundation is within its rights, and at its own discretion, to exclude users, either temporarily or permanently, from the use of the Internet platform (including the deletion of the user account) and, insofar as necessary, take further measures in order to put an end to the violation. In such cases, the DRJA Foundation is also authorised, in particular, to remove content without prior notification.
- Furthermore, the user is to exempt the DRJA Foundation as well as its representative from all claims (including appropriate lawyer’s fees) and hold it harmless as well as defend it against any claims made by third parties due to the supposed violation of these provisions or their rights. In the event of a claim from a third party, the user is beholden to immediately provide the DRJA Foundation with all information required to examine the claims of the third party.
6. Notification of offensive content
Users have the possibility, at all times, to report what they consider to be offensive content to the DRJA Foundation. This can be reported, in particular, by e-mail or the link designed for this purpose within the Internet platform.
7. Rules of conduct and the responsibility of the DRJA Foundation
- The DRJA only examines the communication of users within a group/project if there is occasion to do so, in particular if it has received a report of offensive content within the group, i.e. the project.
- The use of the Internet platform for the processing and granting of applications for financing submitted to the DRJA is without significance and has no influence on this matter.
- The DRJA cannot technically determine with certainty whether the registered user is actually the person who they claim to be. Consequently, the DRJA Foundation does not provide any guarantees for the actual identity of the users. Every user must therefore convince themselves of the identity of the other users.
- The DRJA does not assume any responsibility for the content, data and/or information provided by users. In particular, the DRJA Foundation does not provide any guarantees that this content is truthful, or could fulfil a specific purpose or serve such a purpose.
8. Duration of the contract
- The user can terminate their membership of the Internet platform at any time without naming a reason by clicking on “Delete Profile” in the user account. Alternatively, the user can contact the DRJA Foundation in writing or via e-mail firstname.lastname@example.org.
- The DRJA Foundation can duly terminate the membership of users in writing or via e-mail at any time with a notice period of 14 days.
- The right of both parties to cancel for good cause remains unaffected. For the DRJA Foundation a good cause is given when the user not only violates these Terms and Conditions of Use repeatedly or significantly, but in particular, when the user violates the above rules of conduct for users.
- Following the termination of membership the user account and the user’s content will be deactivated, i.e. deleted. Following a notice period of a maximum of 2 weeks, the user account will be completely and irretrievably deleted. The DRJA reserves the right not to delete content posted on the Internet platform, however the name of the user will be removed. However, the user can demand the partial or complete deletion of the content they have posted if it violates the rules of conduct for users, if there is a legal obligation to delete or the content disproportionately violates personal rights. In this case the DRJA Foundation reserves the right to alter the affected content in accordance with the law.
9. Rights of use
By posting content to the Internet platform, the user grants the DRJA Foundation a simple, gratuitous, transferable, geographically and temporally unrestricted right of use to the content, allowing it to make this content permanently available to the public on the Internet platform. The user has the possibility of restricting the availability of this content to a select public, i.e. just themselves, using the function menu on the Internet platform. Such a setting is respected by the DRJA Foundation. These rights of use apply to posted content beyond the duration of the contract, insofar as the user has not deleted the content themselves.
10. Changes to the Terms and Conditions of Use
The DRJA Foundation can subsequently change these terms and conditions, if and insofar as the character of the principle service provided by this contract is not subject to significant change (cf. Section 2). The DRJA Foundation will inform the user of the altered terms and conditions, clearly highlighting the changes. If the user is not in agreement with these changes, he/she can submit their objection within six weeks following receipt of the change notification. If no objection is submitted within this period the changes are considered to be approved. In the case of an objection, the contract continues unchanged, however, if appropriate, the DRJA will make use of its ordinary right of termination. The DRJA Foundation will explicitly refer to the right of objection, the significance of the user’s behaviour and the resulting legal consequences in the notification.
11. Applicable law, place of fulfilment and jurisdiction
- German law applies exclusively with the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is ordinarily resident in another EU Member State, the applicability of this state’s compelling consumer-protection standards remains unaffected.
- For all current and future claims from or in connection with this contract with traders, legal persons under public law or special funds under public law, the place of jurisdiction is exclusively the domicile of the DRJA Foundation. The same jurisdiction applies if the user does not have a place of general jurisdiction in Germany, has transferred their abode or habitual place of residence out of Germany following the conclusion of the contract, or their abode or habitual place of residence is unknown at the time of the commencement of the action. Diverging provisions of Art. 17 ff of the European Jurisdiction and Enforcement Regulation (EuGVVO) on the place of jurisdiction in the case of consumers remain unaffected.