General Terms and Conditions
ESMT.Berlin and its subdomains (blog.esmt.org, schlossplatz1.berlin) (hereinafter “sites”) is an offering of ESMT European School of Management and Technology GmbH, Schlossplatz 1, 10178 Berlin, Germany (hereinafter referred to as "ESMT"), with topical information on all service offerings of ESMT Berlin accessible to everyone. There is no legal claim to utilization of the offering.
1. Use of the content of esmt.berlin
1.1 The content of ESMT’s sites may only be used for personal purposes by users. Any transfer of information to a third party shall not be permitted unless this is electronically supported by ESMT (e.g. download offering for press releases). It shall be prohibited to alter or remove copyright references, trademarks or other references.
1.2 ESMT shall be free to terminate, interrupt or restrict the offering at any time as a whole or in part, in general and/or in the area only accessible to registered users.
1.3 On the microsite knowledge.esmt.org and the blog blog.esmt.org third parties (users) may create content in the form of comments. This shall be considered as subjective statements by users which are regularly controlled by ESMT. Nonetheless it cannot be excluded that any statements contained therein are incorrect or violate rights of third parties. ESMT shall endeavor to keep such content away from the platform and/or have them removed. ESMT shall not be liable for any such content.
2.1 In the interactive forms of use (blog.esmt.org, knowledge.esmt.org) users may comment under a pseudonym by indicating a fictitious name or making other fictitious statements. Comments from non-registered users are permitted.
2.2 In contrast to comments of non-registered users mentioned under 2.1 blog entries on the interactive forms of use are only allowed by registered users (blog authors). Usually blog authors are encouraged by ESMT. After the first registration, which is made by ESMT, the blog authors are permitted to change their data entries.
2.3 The user name chosen and any passwords issued may not be made accessible to third parties. In the event of abusive use of user names and/or passwords, the user must inform ESMT without delay as soon as he/she obtains knowledge of such abusive use.
2.4 The user may end the authorized access granted through the user name and password at any time by sending an email to firstname.lastname@example.org. In this case the account of the user is inactivated. These accounts are regularly deleted. The published content of this user shall, however, be maintained.
3. Generation of content by users ("user-generated content")
3.1 In the interactive forms of use (blog.esmt.org, knowledge.esmt.org) registered users (blog authors) and non-registered users (commentators on ESMT Knowledge and blog) have the possibility to actively publish own content, hereinafter referred to as "user-generated content".
3.2 With the entry of user-generated content, the user grants ESMT the free, non-exclusive right to use the content in all known forms of use, including duplication, processing, publication and public accessibility, translation, processing, dissemination, and in particular, the right to publish the content on the ESMT websites or websites run by third parties. ESMT is granted the right to allow users of these websites unrestricted access to this content, to transmit content, make it available and accessible online and in proprietary online services. ESMT also reserves the right to disseminate this content on all known data carriers free-of-charge or with payment of compensation, as well as the right to use content in advertising materials produced by ESMT or on behalf of ESMT.
3.3 ESMT shall be free to remove and/or alter user-generated content without any prior announcement and without any statement of reasons.
3.4 It shall be prohibited to contribute user-generated content which violate any applicable laws; this shall apply, more particularly, to right-wing extremist, pornographic, racist, insulting, libelous as well as defamatory contents or contents which are damaging to the interests of ESMT. The user shall be responsible for user-generated content to be legally incontestable and ensures that he/she is the sole author of the user-generated content and/or holds the rights referred to in the aforementioned Clause 3.2. The user shall indemnify ESMT against all claims of third parties which the latter assert against ESMT because of user-generated content, regardless of the legal grounds (including claims under the Copyright Act as well as claims based on an infringement of privacy).
4.1 ESMT shall only be liable for damage – regardless of the underlying causes – in the event of intention or gross negligence of its legal representatives, employees or any other vicarious agents. This shall apply mutatis mutandis in the event of violation of pre-contractual or sub-contractual duties, tortuous acts as well as in the event of damage or consequential damage caused by defects. The afore-mentioned provisions shall not apply in the event of infringements of cardinal duties.
4.2 If ESMT is liable, it shall only be liable to the extent that damage was foreseeable. The damage of ESMT shall in these cases be limited to EUR 2,000 per damage. This restriction of liability shall not apply if the damage is based on the fact that a legal representative or senior executive of ESMT has acted intentionally or by gross negligence or if any other vicarious agent has violated a cardinal duty intentionally or in a grossly negligent manner.
4.3 The exclusions or restrictions of liability referred to in the afore-mentioned paragraphs 4.1 and 4.2 shall not apply if representations have not been made or in the event of damage caused by injuries to life, limb or health.
4.4 The exclusions and/or restrictions of liability referred to in Clauses 4.1 to 4.3 shall apply mutatis mutandis to claims vis a vis affiliated companies and data suppliers of ESMT as well as the legal representatives, senior executives and other vicarious agents of ESMT, its affiliates, and data suppliers.
5. Data privacy
5.1 ESMT’s data privacy declaration applies.
6. Intellectual property rights
6.1 ESMT is the owner or the licensee of all intellectual property rights in the site and in the material published on it. Those works are protected by copyright laws. All such rights are reserved.
6.2 Nothing contained in the site shall be taken, construed or considered as a grant of license or right to use the trademarks of ESMT or that of any third party displayed on the site without the prior permission in textual form of the respective owner/s.
7.1 These Standard Terms and Conditions of Use and the relationship between the user and ESMT shall solely be governed by German law.
7.2 Should one or more provisions of these Standard Terms and Conditions of Use be or become invalid, the validity of the remaining provisions shall not be affected.
7.3 ESMT reserves the right to amend these Standard Terms and Conditions of Use at any time with effect for the future.