These Terms of Use of Dr. Schenk GmbH Industriemesstechnik (“Dr. Schenk”) are valid for users (“User”) of the website “https://www.drschenk.com/support/inspection-academy.html”, including all subpages (“Inspection Academy”). The Inspection Academy provides the User with materials, specifically texts, photographs and video recordings, pictures and drawings, (“Contents") for the purpose of viewing, playback and/or streaming and download. These Terms of Use regulate the use of the Inspection Academy and contents provided therein.
By using the Inspection Academy, the User consents to the validity of these Terms of Use. Dr. Schenk reserves the right to change these Terms of Use at any time without notice. By continuing to use the Inspection Academy or contents, the User accepts the changed Terms of Use.
Access to the Inspection Academy
Upon the User's request, Dr. Schenk will send the User an e-mail with a user name and a password (“Access Data”) that the User can enter for the Inspection Academy. In the following, he will automatically receive an e-mail with an individually generated link from which he can access the contents of the Inspection Academy. This link is only valid one time and will be resent for each input of the access data. Alternatively, direct access to the Inspection Academy can be granted by entering the access data.
The access data must be stored in a safe place and never forwarded to third parties. The term "third parties" does not apply to employees of the company who are scheduled to receive a Dr. Schenk training course or have already taken part in a Dr. Schenk training course. To the extent that the User suspects or gains knowledge of any use of his access data by third parties, he shall immediately notify Dr. Schenk accordingly.
Dr. Schenk reserves the right to refuse to establish access to the Inspection Academy without stating any reasons.
With the use of the Inspection Academy, the User accepts the Dr. Schenk Data Protection Agreement (https://www.drschenk.com/privacy.html) to be valid.
Intellectual Property, Copyrights and Trademarks
The Inspection Academy and all contents presented therein are the property of Dr. Schenk or their licensor. All elements of the Inspection Academy, specifically the layout, source codes and contents, are protected by copyrights and/or trademarks, rights of privacy and publicity or other provisions of intellectual property rights.
The user is not permitted to pass on the contents in whole or in part to third parties.
Furthermore, any form of distribution, publication, duplication, editing, archiving, forwarding or making content publicly accessible is prohibited unless explicitly permitted under Number 4.1.
Use of contents
Dr. Schenk grants the User the worldwide, non-exclusive, non-transferable right subject to recall at any time, to use the contents provided for viewing, playback or streaming and for download as part of internal further education with respect to the use of the Dr. Schenk products up until the end of the access. Never under any circumstances shall the User remove information on copyrights or license holders from the contents.
Any other use of the contents, particularly a commercial use of the contents, is only permissible with prior written explicit approval by Dr. Schenk.
Liability and disclaimer
Dr. Schenk shall be liable for intent and gross negligence and also damages from an injury of life, body or health culpably caused by Dr. Schenk and claims in accordance with the Product Liability Law as well as within the scope of an assumed warranty in accordance with statutory provisions.
Notwithstanding Number 5.1, Dr. Schenk shall not be liable for damages resulting from slight negligence, unless Dr. Schenk has thereby violated a major contractual obligation, which means an obligation that must be fulfilled to properly execute the contract and the adherence to such can be trusted by the User at all times.
Otherwise, liability on the part of Dr. Schenk shall be excluded, regardless of the legal nature of the asserted claim. This particularly applies to tortuous claims, claims for compensation of wasted expenses, damages that are not typical for the contract or unforeseeable and liability for any indirect or consequential damages, such as lost profit. Additionally, Dr. Schenk is not responsible for the contents of third-party websites to which the Inspection Academy provides direct or indirect links.
Insofar that it is legally permissible, Dr. Schenk is not liable for the completeness or accuracy of the contents or availability of the Inspection Academy. Dr. Schenk reserves the right to remove contents or the Inspection Academy at any time without notice and without providing any reasons or interrupt the operation of the Inspection Academy for the purpose of maintenance or error correction.
Insofar that liability of Dr. Schenk is excluded or limited, this also applies to its employees, representatives and vicarious agents.
Termination of access
Access to the Inspection Academy for each User is limited to a period of three months unless otherwise agreed to.
The User can request the deletion of his access at any time using the Contact form on the Dr. Schenk website.
Dr. Schenk reserves the right to, after written announcement, at any time and without stating reasons, lock or delete the access of the User in case of a violation of these Terms of Use by the User or if such is suspected by Dr. Schenk.
Applicable law and place of jurisdiction
These Terms of Use are subject to the Law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
The exclusive place of jurisdiction for all disputes arising from the user relationship is Munich unless a different place of jurisdiction is mandatory by law.
Final provisions
If a provision of these Terms of Use is or becomes ineffective or unenforceable, the effectiveness of the remaining provisions is not affected. In this case, the ineffective or unenforceable provision will be replaced with another provision that most closely meets the economic intent of the unenforceable provision; the same applies in case of a gap.
The original version of these Terms of Use is written in the German language. In case of deviations between this and the English version, the German text prevails exclusively.