You have gained access to talent::digital through your employer, organisation or association. This text describes the rules for the relationship between you as an end user and talent::digital as a cloud service.
The most important things in a nutshell:
- The service is free of charge for you. You need a modern browser and an internet connection most of the time.
- You need to log in. Choose a secure password and do not share your account with anyone, otherwise we cannot protect your data.
- If you upload content to talent::digital, your rights to the uploaded content must allow it. You should also be clear whether the content is intended to be shared with your employer, organisation or club.
Otherwise, you can’t really go wrong with normal use of talent::digital.
We wish you much success!
Your talent::digital team.
And here are the complete conditions:
Cloud services terms and conditions for end users
Scope of these Cloud Services Terms and Conditions
The following cloud services terms and conditions apply to the use of the cloud services of talent::digital GmbH (hereinafter also “talent::digital“) by end users.
The application of other general terms and conditions of business or other terms and conditions of both parties not expressly mentioned or referred to is excluded. This shall also apply if a party does not or not expressly object to the applicability of such terms and conditions in individual cases.
“Cloud Services” The talent::digital Cloud Services consist of the services that talent::digital offers through its websites and applications (including any optional applications and apps), as a Cloud Service, and which are accessible in supported web browsers or supported mobile phones.
“Customer” The natural or legal person who has entered into a contract for the use of the Cloud Services with talent::digital.
“End User” A natural person to whom the Customer provides access to the Service.
“Platform” the part of the talent::digital Website reserved for the Customer and/or the End Users.
“User Content” all content uploaded to the Platform by the Customer or its End Users.
Type and scope of cloud services; rights of use
The essential service component of the cloud services is the access and use of the platform and the services offered there for the analysis and promotion of digital competences of the end users.
By successfully registering and/or acquiring access to the cloud services, the end user receives the simple, spatially unrestricted and non-transferable right to use the cloud services in accordance with their purpose during the term of the contract with the customer. Any use beyond this shall require the express written consent of talent::digital. This applies in particular to the duplication, distribution, processing or sublicensing of the cloud services.
talent::digital is entitled to take technical measures to prevent use beyond the permitted scope. In particular, talent::digital is entitled to install appropriate access barriers.
Except for the rights described in this section, this agreement does not give the end user any rights of talent::digital, its affiliates or their licensors in the cloud services, or in any related intellectual property rights.
Responsibility of the end user
As a rule, a user ID and a changeable password are required to access the cloud services. The end user is obliged to change the password at regular intervals, but at least once a year.
The end user is obliged to keep the access data secret. In particular, the access data must be stored in such a way that access by unauthorised persons is impossible in order to exclude misuse of the access. The end user will inform talent::digital without delay as soon as he becomes aware that unauthorised persons are aware of the access data. In this case talent::digital is entitled to reassign the password and user ID.
All keys and access data which the end user receives from talent::digital or generates in the course of using the cloud services are exclusively for use by the end user and may not be sold, transferred or sublicensed to third parties. In particular, it is not permitted to use access data
- to share between several people,
- Assign business functions,
- to make publicly available or
- resell them commercially to third parties or allow such third parties to use them.
The End User undertakes not to upload to and/or store on the Platform any content that is unlawful, in breach of laws, regulatory requirements or third party rights.
Furthermore, it is not permitted to impair the cloud services or to circumvent protective or security mechanisms of the service. In particular, it is not permitted,
- subject the cloud services to penetration tests, vulnerability tests or denial-of-service attacks,
- conduct performance tests of any kind; or
- Perform reverse engineering.
User content / rights and obligations / exemption
The end user has the option to upload his own media such as videos, articles, forum entries to the platform. The end user grants talent::digital those copyright reproduction rights and other rights to all user content which are necessary for the provision of the cloud service. In particular, the end user grants talent::digital the right to make user content available in accounts of the customer. The end user does not grant any further rights to the user content. The end user has the option to delete the user content at any time.
The end user is solely responsible for all user content as well as the content created by him in the context of the use of the cloud services and is obliged to back up this content regularly. The end user must ensure that the content does not infringe the rights of third parties. In particular, the end user is responsible for ensuring that its content complies with third-party property rights (including competition, labelling, name and copyright law) and with applicable laws. Furthermore, the End User undertakes not to post any content that
- contain illegal or immoral material, in particular information which incites hatred, incites to commit criminal offences or glorifies or trivialises violence, is pornographic or sexually offensive and is likely to seriously endanger the morals of children or young persons, contains pornographic or obscene material, or
- are likely to deny, insult, threaten, defame or violate the personal rights of others.
- are intentionally defective, contain malware or are otherwise misleading.
Notification mails may be generated during the administration of the service. It is not permitted to provide these mails with unwanted content.
talent::digital and its vicarious agents shall be fully indemnified against all claims of third parties and any costs which are based on a use of the cloud services by the end user in breach of the law and/or the contract or which are made with the end user’s approval or which arise in particular from disputes under data protection law, copyright law or other legal disputes associated with the end user’s use of the cloud services. If the end user recognises or must recognise that such a breach is imminent, there is an obligation to inform talent::digital without delay.
Remuneration and term
Access to the cloud services is provided to the end user by the customer and remunerated by the customer. The term of access is governed by the contractual relationship with the customer. Irrespective of this, the individual rights of the end users from the GDPR apply.
Limitation of liability
talent::digital shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the customer agreement.
In accordance with the statutory provisions, talent::digital shall be liable without limitation for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty as well as for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent intent. Furthermore, talent::digital shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the event of the assumption of guarantees.
talent::digital is liable for such damages which are not covered by the preceding paragraph and which are caused by simple or slight negligence, insofar as this negligence concerns the breach of contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (so-called cardinal obligations). In this respect, talent::digital’s liability shall be limited to the foreseeable damage typical for the contract.
The strict liability of talent::digital for defects already existing at the time of the conclusion of the contract pursuant to § 536a para. 1 subpara. 1 BGB (German Civil Code) is excluded.
talent::digital shall not be liable for the loss of data insofar as the damage is due to the end user’s failure to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
The above provisions also apply in favour of the employees, representatives and vicarious agents of talent::digital.
Suitable end devices and software are required for the use of talent::digital. The current system requirements can be found on the page https://talentdigital.freshdesk.com/support/solutions/articles/47000341299-systemanforderungen-f%C3%BCr-endbenutzer-von-talent-digital .
talent::digital is entitled to delete all user content and data generated within the scope of the use of the cloud services after the end of the customer contract; any further legal retention obligations with regard to individual data remain unaffected by this.
Changes to these conditions
We reserve the right to amend these terms and conditions to ensure that they always comply with current legal requirements or to implement changes to our services, e.g. the introduction of new services. Your next visit will be subject to the new terms and conditions, which you can view on this website and on the service.
Applicable law and agreed place of jurisdiction
The use of the Cloud Services shall be governed exclusively by German law to the exclusion of the provisions on private international law and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from or in connection with these terms and conditions is Düsseldorf.