webmasters.io is an online learning platform with integrated social network ("platform") operated by Webmasters Akademie Nürnberg GmbH ("WMA"). The platform is aimed at all adults who wish to acquire or deepen skills for a professional career as a web professional and/or network and communicate with other learners, practicing web professionals and companies/employers.
In this regard, WMA provides only the technical platform. The user has complete control over the content he/she posts (e.g. files, discussion posts, links, etc.).
1. Scope of application
2. Registration and conclusion of contract
2.1 In order to use webmasters.io, the user must register on the platform. This shall constitute a contract with WMA for the use of the platform ("Contract of Use"). Registration is free of charge for the user. By registering, the user obtains a free membership in the platform, which he may subsequently upgrade to a paid membership ("premium membership").
2.2 Registration may only be carried out by persons who have reached the age of 18.
2.3 Registration takes place either by filling out a registration form or by logging in via an existing account of the user at Google, Github or another comparable Internet Service.
2.3.2 If the user uses the registration form provided for registration, he must provide the data requested there completely and correctly. It is not permitted to register an account with false or inaccurate data.
Sending the registration form by clicking the corresponding button does not constitute a contract for the use of the platform.
2.4 The user's contractual partner for the use of the platform is Webmasters Akademie Nürnberg GmbH, represented by its managing directors Dr. Thorsten Schneider and Dr. Ulrike Walter, Tucherstr. 22, 90562 Heroldsberg, Germany.
You can reach our head office for general questions, complaints, etc. via our contact form or by e-mail to email@example.com.
For this purpose, the user must log in via the login area of the platform. The login data is either derived from the login data of the user's account with Google, Github or another comparable Internet Service or it is composed of the e-mail address provided by the user during registration and the password selected by the user ("login data").
The user can change this password at any time in his/her account settings. If the user chooses to log in via Google, Github or another Internet Service, he/she may change his/her relevant login data via her account settings on the website of Google, Github or the other Internet Service.
2.6 WMA may reject the conclusion of a User Contract without giving reasons. There is no claim to conclusion.
3. Account and Login Data
3.1 After conclusion of the User Contract, WMA shall provide the user with a user account through which the user can view the contents of the platform and her data. Access is granted by entering the login data on the website of the platform.
3.2 The login data, as well as the user account, are not transferable and may only be used by the registered user personally. Transfer to and/or use by third parties is not permitted. The login data must be stored securely and kept secret.
3.3 As soon as the user learns of any misuse of his/her login data or suspects any such misuse, he/she shall notify WMA thereof without delay. The user shall be liable for all consequences if he/she is responsible for the misuse of the login data. In particular, the user shall be liable for misuse if he/she has deliberately or negligently facilitated the unauthorized use of the login data. The user's liability shall end only after he/she has notified WMA of the unauthorized use or loss of the login data and has changed the password, if possible and necessary.
- false statements made during registration or
- unauthorized disclosure of login data and/or misuse of the platform
and/or to withdraw the user's access with immediate effect or with a period of notice at WMA's discretion and/or to terminate the User Agreement without notice. After such an incident, the user may not register again without the prior express consent of WMA.
4. Data protection
5. Subject matter of the contract – what does webmasters.io offer?
5.1 On the webmasters.io platform we offer learning content from various subject areas. The learning content consists of text, images/graphics, videos/screencasts and interactive elements such as exercises and quizzes. The learning content is presented online in a web browser and can be accessed around the clock from anywhere in the world. They are used to acquire new knowledge or new job-related skills or to update, deepen or expand existing skills. The combination of learning content (classes) results in courses that are individually tailored to the user's learning needs, some of which prepare the user for a certification.
5.2 To support the learning processes and for networking between learners, tutors, practicing web professionals and companies, webmasters.io provides various functions and communication channels (chat, video chat, forums, etc.).
5.3 The exact scope and details of the platform's functions can be found on the platform's website.
5.4 In order to be able to fully use all learning content and other functions of the platform, the conclusion of a paid subscription (premium membership) is necessary. An existing free membership is a prerequisite for the conclusion of a paid subscription.
5.5 WMA reserves the right to change or remove learning content or functions at any time. The user has no claim to specific learning content or functions of the platform.
5.6 For individual courses, examinations may be taken according to the procedure provided for the respective course. WMA reserves the right to change, postpone or completely cancel the examination procedures, in particular with regard to the weighting of the results. In some cases, certificates may be issued for the completion of courses. Whether this is the case and according to which conditions this is done is at the discretion of WMA. The terms and conditions for the issuance of certificates are subject to change at any time. WMA shall not be liable for any damages incurred by the user as a result of any change in the terms and conditions in this regard. The certificates do not constitute university degrees, unless expressly indicated otherwise, and do not serve as evidence of academic achievement.
5.7 WMA will inform the user about news regarding the platform (such as new features) or about changes and enhancements to the platform to the e-mail address provided during registration, provided that the user has previously agreed to receive such a newsletter. If the user does not wish to receive information about new features of the Platform, she may contact firstname.lastname@example.org at any time or unsubscribe in her account settings. In addition, each e-mail also contains a link that the user can use to unsubscribe from the mailing list.
5.8 WMA endeavors to further develop the platform successively and on the basis of the feedback and wishes of the users. WMA reserves the right to extend, supplement or change the services offered on the platform. All data collected from the user shall be retained even in the event of extensions, additions or changes to the service, unless the user expressly consents to the deletion of certain data or initiates the deletion itself.
6. Membership, Term, Termination
6.1 Registration and use of the platform are free of charge for users. In order to be able to fully use all learning content and other functions of the platform, the conclusion of a paid subscription (premium membership) is necessary. Upon conclusion of a paid subscription (premium membership), the user agrees to pay the fees applicable to his subscription. All initial and recurring fees will be handled by our payment processing service provider, Paddle. We may terminate or block access to the account if payments due are not made.
A paid subscription (premium membership) runs for the period specified at the time of purchase and is automatically renewed unless the user cancels the subscription or the subscription is temporarily or permanently discontinued by WMA. If the User cancels his/her subscription after the first 14 days of the subscription period, he/she will continue to have access until the end of the period, but will no longer receive an invoice for the next billing period.
6.2 The User Agreement shall run for an indefinite period of time.
6.3 Both parties may terminate the user agreement without giving reasons by giving two weeks' notice to the end of the month. If there is a paid subscription (premium membership), this must be terminated beforehand. Termination of the User Agreement is possible after the end of the subscription period. The right to extraordinary termination for good cause remains unaffected. The user may declare the termination by deleting his account via the corresponding function on the website of the platform in his account area. WMA will confirm receipt of the termination to the user by e-mail.
6.4 After termination of the contract, the user's account will be closed and his profile, including the contents accessible there, will be irrevocably deleted by WMA as a whole. For technical reasons, it is not possible to restore the content after termination. However, data and content that the user has made available for viewing by other users or posted in discussion forums may continue to be available to other users even after termination of the contract. If a user wishes that data published by him or her and shared with other users is no longer available to other users after his or her termination, the user must delete such data and content himself or herself before terminating the user contract. WMA is not responsible for any use by other users of data and content that a terminated user has not independently deleted prior to termination of the contract.
7. Right of revocation
If the user concludes a contract of use with WMA as a consumer, he shall have a statutory right of revocation. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
Right of revocation
You have the right to revoke your contractual declaration regarding a service of the platform that is subject to a charge within 14 days without stating any reasons. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. The revocation is to be sent to:
Webmasters Akademie Nürnberg GmbH, Tucherstr. 22, 90562 Heroldsberg, Germany.
E-mail: email@example.com, Fax: +49 (0) 911 49 52 23-99
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Exclusion or premature expiry of the right of revocation
The right of revocation shall expire prematurely if we have only commenced performance of the contract after you have given your express consent thereto and at the same time confirmed your knowledge that you lose your right of revocation upon commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation. The right of withdrawal does not apply to consumers who have their domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery outside a member state of the European Union (EU) or the European Economic Area (EEA) and do not belong to any of these member states.
Sample cancellation form
If you wish to revoke the contract, please complete this form and return it to: Webmasters Akademie Nürnberg GmbH, Tucherstr. 22, 90562 Heroldsberg, Germany. E-mail: firstname.lastname@example.org, Fax: +49 (0) 911 49 52 23-99.
I/we* hereby revoke the contract concluded by me/us* for the purchase of the following products: ________________________________________________________
Ordered on* / received on*: _____________________
Name of consumer(s): ________________________________________________
Address of consumer(s):______________________________________________
Date *: __________________
(*Delete as applicable)
End of the cancellation policy
8. Contents generated by the user, copyrights and other rights to contents
8.1 The user is and remains the author of his/her copyrighted works. This shall also apply after the publication of content on the platform.
8.1.1 For the operation of the platform and for the presentation of the contents, the user grants WMA the simple, spatially and temporally unrestricted and transferable right of use to the works posted by him on the platform. This includes the right to distribute, reproduce, edit, make available to the public, broadcast and retransmit, publicly perform, perform and present. In particular, he/she grants WMA the right to make the respective contents available for retrieval in any form within the framework of the platform and to carry out the necessary processing of the contents and reproductions (storage on WMA's servers, etc.) and to permit other users to make reproductions. This also includes the right to perform corresponding acts of use within the framework of the respective current additional functions, such as the duplication, editing and storage of published documents within the framework of apps, news feeds (if necessary in different formats), other subscription services (push services) or retrieval services (pull services) as well as the use of the content on technically optimized versions of the platform on mobile devices or within the framework of corresponding apps. However, the rights granted are always limited to the functions and features of the platform. The user already now agrees to a possible transfer of the right of use.
8.1.2 WMA also reserves the right to open the platform technically by means of a corresponding programming interface (so-called API), so that the use of the platform is also made possible by or within the framework of third-party internet services, including access to the content posted by the respective user. The user can determine whether the content is publicly accessible. In this respect, the user also grants WMA the right to allow such third parties to use the rights to the same extent as granted to WMA. WMA's right to further exercise the rights granted to it shall not be affected thereby.
8.1.3 The rights granted to WMA under the foregoing provisions shall not permit WMA to exploit any user content independently of the platform. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without WMA's agreement. If a user deletes his/her data, the granting of the right of use to WMA will also be terminated and the granted right of use will revert to the user.
8.2 WMA provides chat channels and discussion forums on its platform in which users can exchange information on the learning content offered and provide and discuss questions and suggestions in the form of texts, images, links, etc. The information provided in the chat channels and discussion forums shall be made available to all users. The content posted in the chat channels and discussion forums is publicly viewable. Every user can remove the content he has posted at any time.
8.2.1 The platform lives, among other things, from the content of the users. The granting of the rights of use in accordance with the whole of section 8.1 is therefore, insofar as legally permissible, irrevocable and continues beyond any termination of the agreement on use for the further operation of the platform, even if at that time the right of use has been transferred by WMA to a third party. Content that the user has publicly posted on the platform for viewing may therefore remain accessible even if the user has terminated his membership. This shall not apply to the user profile of the user as such, which shall be deleted upon termination of the user contract.
8.2.2 WMA reserves the right to delete individual contents without giving reasons. There is no claim that a certain content remains online.
8.3 Copyright or other intellectual property rights may exist in all content provided by WMA or third parties. The user is only granted a simple, non-transferable right to non-commercial use of the content within the scope of the intended course work on the platform. Any further use of legally protected content (e.g. passing on to third parties) requires the prior written consent of the respective rights holder.
9. Rules for the use of the platform and for the posting of content
With the platform, WMA creates the technical conditions for an open exchange of experiences and opinions of the users, on which WMA basically has no influence. Only to the extent that it is required to do so by law or by the authorities will it review individual content, remove it if necessary and take further action. It is therefore all the more important that users respect the rights of third parties and generally undertake to treat each other with respect and to show mutual consideration. In the area of the exchange of opinions and discussions, this also includes tolerance and openness to dissenters as well as the willingness to resolve conflicts constructively if necessary. Within the framework of the platform, the user undertakes in particular to observe the following rules of use:
9.1 Stalking, i.e. the deliberate and repeated (persistent) pursuit or harassment of other users, is prohibited within the framework of the platform. As soon as another user indicates that he or she does not want to be contacted or no longer wants to be contacted, this wish must be respected. Bullying in any form is also prohibited in the forums. No user may harass, psychologically torment or psychologically injure other users or even third parties. Should WMA become aware of cases of stalking or bullying, it reserves the right in particular to terminate the user contract for cause and will inform the prosecuting authorities if necessary.
9.2 WMA regards itself as a platform designed solely for the personal use of users and for the exchange of information between users. Any commercial or similar commercial use of the platform is therefore only permitted with the express consent of WMA. This applies in particular to the offering of goods or services of any kind against payment or the invitation to submit a corresponding offer as well as the implementation, advertising and promotion of structural sales measures or the naming of value-added service numbers or value-added SMS numbers within the framework of the platform. This prohibition shall also apply in the relationship of the users to each other, insofar as the communication in question takes place using the services of the platform, as well as to the advertising of goods or services offered by third parties against payment. However, it is permissible for users to recommend their own books, scripts or teaching materials for purchase within the discussion forums for their respective courses.
9.3 The user is obliged to provide only true and non-misleading information in his profile and in his communication with other users. When posting a profile picture, he/she must ensure that he/she is permitted to publicly reproduce the photo, that it does not contain any references to logos, trademarks or other commercial references to companies and that the depiction in the photo does not violate applicable legal provisions or the rights of third parties. This applies in particular to personal rights and the right to one's own image.
9.4 The User shall ensure that the copying and public reproduction of the content transmitted by him (in particular texts, images, graphics, videos, etc.) on the website of the platform are permitted. In particular, he/she shall ensure that by posting the content on the platform he/she does not infringe any third-party positions protected by copyright and ancillary copyright (e.g. by posting plagiarized scientific works, pirated films or software, etc.), any personal rights, rights to one's own image and any trademark rights of third parties (brands, company trademarks, titles, etc.).
9.5 The user is obliged to observe the applicable laws when using the contents and services of WMA. In particular, the posting of contents of unconstitutional organizations, the dissemination of unconstitutional, in particular racist, ideas, the dissemination of pornographic material as well as the dissemination of contents which are insulting, defamatory or otherwise defamatory or which otherwise violate statutory provisions (e.g. Criminal Code, Youth Protection Act, Data Protection Act, Copyright Act, Trademark Act) shall be prohibited.
9.6 Any improper use of the platform is prohibited. An improper use is in particular
- if data is changed, deleted, suppressed or made unusable without authorization via the platform;
- in the use of mechanisms, software or scripts in connection with the use of the platform which are suitable to impair the operation of the platform;
- in any blocking, overwriting, modification or copying of content, unless this is necessary for the proper use of the services of the platform's website (copying by means of robot/crawler search engine technologies, for example, is not necessary for the proper use of the services of the platform's website and is therefore expressly prohibited);
- in the case of distribution and public reproduction of the contents of the platform's website or of the contents of other users to which the user himself/herself does not have an express right of distribution;
- in any action that is likely to impair the functionality of the platform's infrastructure, in particular to place an excessive load on it;
- the introduction of malicious codes such as viruses, worms, Trojan horses and corresponding scripts or programs;
- sending chain letters and sending identical private messages to several users at the same time.
9.7 Before setting links, the linked content must be checked for legal violations. The linking to illegal pages, in particular with extremist, inciting or insulting content, is not permitted. WMA expressly distances itself from the linked content and accepts no liability for it. The operators of these websites are solely responsible for their content.
9.8 The platform enables users to contact other users and, for example, to point out particularly interesting content to other users. If the platform also provides for sending messages to other users, this function may only be used with respect to persons who the user may assume will not be disturbed by the receipt of the message.
9.9 When exchanging messages with other users via the discussion forum, each user must ensure that he or she behaves appropriately towards the other users and, in particular, does not make any insulting or defamatory statements.
9.10 Should a user or third party become aware of illegal or inadmissible content according to the above provisions, WMA asks to be notified of the violation. Upon receipt of such notice, WMA will immediately review the content.
9.11 The user further agrees to abide by the following code of conduct:
- I will only register an account for myself and will not provide my login information to anyone else.
- I will complete all work submitted, e.g. assignments or examinations, on my own without assistance (unless collaboration with others is expressly permitted) and without the use of materials other than those expressly permitted by the course.
- I will not share the solutions to assignments, exams, or other assignments with others. This includes both my own prepared solutions and those issued by course supervisors, such as the instructor.
- I will not undertake any activities that dishonestly improve the results of my work or dishonestly improve or worsen the results of others, in particular, I will not provide exam services or other performance tasks for others.
10.2 Excluded users may be re-admitted if it is ensured that the abusive behavior will be refrained from in the future.
10.3 The aforementioned provisions shall also apply in the event that WMA has reasonable suspicion of systematic infiltration of internal security measures (e.g. e-mail misuse, inclusion of harmful components such as viruses, worms or Trojan horses).
11. Warranty and liability of the user / indemnification obligation
11.2 The user shall be solely responsible for all content posted by him/her on the platform, in particular texts, contributions, photos, etc., and for the existence of any legal positions required for this purpose, as well as for his actions on the platform. As a matter of principle, WMA does not check the contents and actions of the users, unless WMA is legally obliged to do so. The user undertakes to indemnify and hold WMA, its employees and other collaborators harmless from any liability and all costs, including legal fees for legal defense as well as possible and actual costs of legal proceedings as well as possible administrative fines set or to be set by a court, which may be incurred by WMA, its employees or other collaborators because the user has violated the rights of third parties or the rights of persons represented by them in culpable violation of his obligations according to clauses 8 and 9. The same shall apply if the claim results from an otherwise illegal content, as well as in cases where the claim is made by a consumer protection agency or an authority. WMA shall inform the user of any such claim and, to the extent possible and reasonable, give the user the opportunity to defend such claim. The user, for his part, is obliged to immediately cease the infringing use after being requested to do so by WMA and to immediately provide WMA with all information available to him concerning the matter in question in full. All further rights as well as claims for damages of WMA shall remain unaffected.
11.3 If the user's content infringes any third-party rights, the user shall, at its own expense, either procure for WMA the right to use such content, provided that the user is the owner of the rights, or arrange for the content to be free from such infringement.
12.1 WMA shall be liable to users without limitation for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty and for other damages caused by intentional or grossly negligent breach of duty or by an assumed warranty or guarantee. WMA shall be liable for other damages caused by slight negligence only in case of breach of material contractual obligations, i.e. such contractual obligations the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party may regularly rely and the breach of which, on the other hand, jeopardizes the attainment of the purpose of the contract, the liability in such cases being limited to the amount of damages typically foreseeable under the contract.
12.2 The user himself/herself shall be solely responsible for any content posted by the user. In this respect, WMA assumes no liability whatsoever, unless it is legally obliged to do so.
12.3 WMA endeavors to keep the website of the platform constantly available. The user acknowledges that an uninterrupted availability of the website of the platform cannot be realized technically. In particular, maintenance, security or capacity concerns as well as events beyond WMA's control (such as disruptions of public communication networks, power outages, etc.) may lead to short-term disruptions or temporary discontinuation of the services on the platform website. WMA may change the availability times of certain parts of the services at any time upon notice on the website of the platform.
12.4 If WMA is unable to provide the service of the platform due to operational or technical disruptions, it will make all reasonable efforts to publish a notice thereof on the website of the platform as soon as possible. WMA shall not be liable for any such disruptions and shall not be liable for any damages resulting from any loss of data to the extent that such damages could have been avoided by the user making regular and complete backups of all relevant data. Each user should therefore ensure backup copies of all important documents at regular intervals.
13. Modification of the services of the platform
13.1 WMA reserves the right to add, change or remove individual or all services of the platform, in particular courses, or to change the operating hours of the platform at any time.
13.2 The users shall be informed by WMA of any changes pursuant to Clause 13.1. This shall include, in particular, details of the changes to the services and the date on which the changes take effect. However, notification shall not be required if prior notice is not possible or immediate changes are necessary for reasons beyond WMA's control.
13.3 WMA shall not be liable to users for any losses incurred as a result of the changes to the services.
14. Change of the contracting party
WMA may transfer the user contract to another company. In this case, the other company shall assume all rights and obligations under the user contract vis-à-vis the users and shall become the new contracting party of the user. WMA will inform the users about such a transfer of contract in due time. The user may terminate the contract of use without notice within two weeks after receipt of this notification in writing to the above address or by e-mail to email@example.com.
15. Language of the contract, storage of the text of the contract
15.1 WMA primarily addresses English-speaking users. Therefore, communication between the users and WMA shall take place exclusively in English. The terms of Contract and the consumer information are also available in English.
16.2 If in the future separate charges are to be made for individual services, separate agreements shall be concluded in each case between the user and WMA and shall thus require the express consent of the users.
16.3 WMA shall not be liable for any damage or loss suffered by the user as a result of his failure to take notice of any changes in the conditions, provided that WMA has duly fulfilled its obligations under this Clause 16 with regard to such changes.
17. Final provisions
17.3 If the user is a merchant, a legal entity under public law or a special fund under public law or if the user does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Fürth. If the user is a merchant, a legal entity under public law or a special fund under public law or if the user does not have a permanent residence in Germany, the place of performance for all rights and obligations arising from the contractual relationship with the user shall also be Fürth.