10th March 2015
The Courseware Publisher Portal is a portal operated by arvato distribution GmbH, a company incorporated under the laws of Germany with an office at Carl-Bertelsmann-Str. 23, 33332 Gütersloh, Germany whose registered office is Gottlieb-Daimler-Str. 1, Harsewinkel, Commercial Register: Amtsgericht Gütersloh HRB 2200. The Publisher Portal supports the publication process of Community Courseware on the Courseware Marketplace. Our VAT number is DE811147844.
Please be aware that if you refuse to accept these ToUs, you will not be able to use the Courseware Publisher Portal.
1. TERMS USED
In these ToUs the following terms shall mean:
- "arvato", "we" or "us" means arvato distribution GmbH, its employees, subcontractors and/or other companies which are appointed by arvato to provide services in relation to the Marketplace and Courseware Publisher Portal, both operated by arvato;
- “Community Courseware Provider” means an independent author of learning material focusing mainly on Microsoft products that has been approved by Microsoft, arvato and a dedicated quality vendor to be sold on the Courseware Marketplace.
- "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
- "EULA" means the end user license agreement applicableto users when accessing and using an E-book or Digital Content
- "Reader Platform", namely Skillpipe, means the platform provided by arvato where E-books can be accessed or downloaded to a Reading Device by using a Redemption Code subject to the terms and conditions applying to the Reader Platform and after registration at the platform;
- "Product" is any product offered in the Marketplace consisting of either an E-book or Goods which may be purchased from the Marketplace operated by arvato
- "Redemption Code" means a product activation code which can be used by you and/or your customers for the release and activation of an individual copy of an encrypted digital product such as an E-book including its license terms on the Platform Reader;
- "Marketplace" means the arvato Courseware Marketplace
- "Publisher Portal or Courseware Publisher Portal" means a portal that arvato developed and makes available to Microsoft, authors of Community Courseware and certain suppliers/service providers, to upload,review and process Community Courseware content. http://publishing.courseware-marketplace.com/portal/en-GB
2. DESCRIPTION OF SERVICES
- 2.1. Through the Courseware Publisher Portal arvato provides you with access to a variety of resources, information and services, including but not limited to, uploading and publishing functionalities, and relevant sales information on your Products.
- 2.2 Access to the Publisher Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the services and /or information we provide via the Publisher Portal without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Publisher Portal. We will not be liable to you if for any reason the Publisher Portal is temporarily unavailable at any time or for any period.
- 3.1 The Courseware Publisher Portal is only intended for use by registered individuals selling or dealing with the Products for commercial purposes, such as Microsoft, the authors of Community Courseware and certain vendors, approving and converting the content of the Community Courseware for sale.
- 3.2 By uploading and/or approving Products or content to the Publisher Portal, you warrant that:
- 3.2.1 You are legally capable of entering into binding contracts; and
- 3.2.2 You agree that any of the customers who purchase and are supplied with E-books or Goods is bound by the applicable EULA.
- 3.3 You must treat any given access data to the Publisher Portal including your e-mail address, , password or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any third party. We have the right to disable any user name and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these ToUs and if the relevant contract between you and us has been terminated.
4. PERSONAL DATA
5. YOUR CONTENT
- 5.1 In case you are a Community Courseware Provider, you agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Courseware Publisher Portal content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights as set forth in the Community Courseware Provider Frame Agreement you concluded with us.
- 5.2 Be aware that the Shared content you make available through the Courseware Publisher Portal is confidential information before we offer it on the Courseware Marketplace for purchase. Unless otherwise agreed in writing your Shared content is considered confidential information and shall be received and treated by the individuals having access to the Publisher Portal on a confidential and restricted basis.
6. OUR LIABILITY
- 6.1 The Publisher Portal is provided "as is". Whilst we have taken every care in the preparation of the content of the Publisher Portal we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Publisher Portal. Except as set out in this section, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the availability, non availability or delay in making available the Publisher Portal, its content and information are excluded to the extent permitted by law.
- 6.2 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these ToUs, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time you began using the Publisher Portal. We shall not be liable for any loss or damage which may arise from the use or misuse of the Publisher Portal or any of the content and/or information on the Publisher Portal (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
- 6.3 This does not include or limit in any way our liability:
- 6.3.1 for death or personal injury caused by our negligence;
- 6.3.2 for fraud or fraudulent misrepresentation; or
- 6.3.3 for gross negligence or intent; or
- 6.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. VIRUSES, HACKING AND OTHER OFFENCES
- 7.1 You must not misuse the Publisher Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Publisher Portal, the server on which the Portal is stored or any server, computer or database connected to the Publisher Portal. You must not attack the Publisher Portal or the Service via a denial-of-service attack or a distributed denial-of-service attack.
- 7.2 By breaching this provision, you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Publisher Portal and our service will cease immediately.
- 7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Publisher Portal and our Service or to your downloading of any material posted on it.
- 8.1 If we fail to insist upon strict performance of any of your obligations under these ToUs, or if we fail to exercise any of the rights or remedies to which we are entitled to, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 8.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 8.3 No waiver by us of any of these ToUs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these ToUs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.Back to Top
10. LAW AND JURISDICTION
All matters relating to your access to, and use of the Publisher Portal and content provided on or through or uploaded to the Publisher Portal shall be exclusively governed by UK law, the UK courts have exclusive jurisdiction.Back to Top