IMC Teach

Terms of use


  1. General
    1. Together with the Privacy Policy, the following Terms of Use form the legal basis for using the online learning environment of IMC AG at the domains https://learn.im-c.com, https://learn.im-c.de, https://teach.im-c.de and https://teach.im-c.com (hereinafter: “IMC TEACH”). They govern the usage relationship between you, the user (hereinafter: “USER”), and the operator of IMC TEACH, imc information multimedia communication AG, Scheer Tower, Uni-Campus Nord, 66123 Saarbrucken, Germany (hereinafter: “IMC AG”), with regard to the usage of IMC TEACH.
    2. USERS may only be natural persons. It is forbidden to set up company user accounts.
    3. USERS who are authorised within the framework of the following Terms of Use to contribute video contents, information and other materials or services as part of a course (hereinafter: “CONTENTS”) to IMC TEACH are hereinafter referred to as “COURSE MANAGERS”.
    4. USERS who register as a participant of a course on IMC TEACH are hereinafter referred to as “LEARNERS”. Learners are only authorised to access the CONTENTS if the relevant COURSE MANAGER permits this.
    5. The following provisions apply to all USERS of IMC TEACH, unless they explicitly refer only to the COURSE MANAGERS or only to the LEARNERS.
    6. IMC AG does not accept any deviating Terms of Use and/or General Terms and Conditions of the USER unless these have been explicitly agreed upon in writing.
  2. Services offered by IMC AG – free and paid plans
    1. Once registered, COURSE MANAGERS can choose from the selection of plans offered on IMC TEACH. Both paid and free plans are offered on IMC TEACH. Initial registration is free of charge.
    2. Once the COURSE MANAGER has registered on IMC TEACH, IMC AG will e-mail the COURSE MANAGER with a password that is required for the initial login.
    3. The scope of the plans is determined solely by the specifications of the respective plan that is displayed on IMC TEACH during the registration process or when a plan is booked. The scope of the booked plan is documented in the e-mails that are sent to the COURSE MANAGER after the latter has successfully registered or booked a plan on IMC TEACH.
    4. IMC AG makes IMC TEACH available 24 hours a day, 7 days a week and strives to ensure the maximum possible availability of IMC TEACH; however, availability cannot be guaranteed and IMC AG therefore does not commit to specific availability throughout the year or at specific times. The COURSE MANAGER is aware that due to technical reasons, even booking a paid plan does not give rise to any right to the availability of IMC TEACH at specific times.
    5. Usage possibilities may be temporarily restricted or interrupted due to maintenance, development or malfunctions of IMC TEACH, even with paid plans. This can also lead to loss of data under certain circumstances. The COURSE MANAGER shall be responsible for proper backup of any data processed or stored in IMC TEACH by him/her or the LEARNERS participating in his/her courses. IMC AG does not back up any USER data, not even within the scope of paid plans.
    6. The USER has no entitlement to any support from IMC AG, not even within the scope of paid plans. IMC AG support services must be ordered separately from IMC AG.
    7. Any entitlements of the COURSE MANAGER within the scope of a paid plan arise in accordance with clause 2.3 from the specifications of the respective paid plan that is displayed when the plan is booked.
    8. Irrespective of the rules under clause 9, COURSE MANAGERS are entitled to change from a free plan to a paid plan of a higher level (upgrade) at any time.
    9. For cancellation of both free and paid plans, the rules under clause 9 are decisive.
  3. Subject matter of the agreement – binding force of the user relationship
    1. No contractual relationship is established between IMC AG and the LEARNER through the registration of the LEARNER on IMC TEACH, nor through actual use of IMC TEACH. The provisions under clause 8 remain unaffected. By registering on IMC TEACH, LEARNERS agree to comply with these Terms of Use. On this basis, IMC AG only provides the LEARNER with access to the CONTENTS of the relevant COURSE MANAGERS on IMC TEACH in accordance with the contractual terms of the respective COURSE MANAGER.
    2. When a COURSE MANAGER books a free plan, this does not establish any contractual obligations for IMC toward the COURSE MANAGER. The provisions under clause 8 of these Terms of Use remain unaffected.
    3. With regard to a paid plan, IMC AG and the COURSE MANAGERS are the exclusive contractual partners in accordance with the following provisions.
    4. The user agreement with respect to IMC TEACH comes into being when the COURSE MANAGER books his/her first paid plan on IMC TEACH.
    5. With free plans there is in accordance with clause 3.2 merely a goodwill relationship.
    6. Communication between IMC AG and the USERS will take place exclusively via e-mail to support-teach@im-c.com or a direct message system on IMC TEACH.
    7. It is the duty of the COURSE MANAGER to regularly call up the e-mail address stored on IMC TEACH during registration and, even if SPAM filters are used, ensure that the messages sent by IMC AG can be read.
  4. Storing of these Terms of Use
    1. The text of these Terms of Use is stored by IMC AG. Upon request, a copy of these Terms of Use will be sent to the USER via e-mail.
    2. These Terms of Use are also published on the websites of IMC TEACH, where they can be accessed and printed.
  5. IMC TEACH user accounts – USER obligations
    1. In order to get access to IMC TEACH, the USER must set up a user account in IMC TEACH by registering as a USER. Clause 1.2 must be observed.
    2. Each USER may only register one personal access to IMC TEACH. IMC AG is entitled to refuse any additional attempts to register, as well as to deactivate any additional registrations, multiple accounts and company accounts at any time.
    3. The USER is obliged to enter the requested information truthfully when registering online and to notify IMC AG immediately in the event of any changes to this information.
    4. The USER must keep his/her password and user name, as well as any other data that would allow unauthorised access to IMC TEACH, a secret and immediately change these or let IMC AG change these if there is reason to suspect that unauthorised third parties could have become aware of such access data.
    5. The USER is obliged to notify IMC AG immediately by e-mail to support-teach@im-c.com of any suspected misuse of IMC TEACH access data so that access to IMC TEACH can be blocked. The USER is also liable for third parties who make use or have made use of services, either authorised or unauthorised, via his/her user account. This does not apply if the USER is not responsible for the unauthorised use. It is the responsibility of the USER to prove that he/she is not responsible for any such use by third parties.
    6. If it is the intention of the USER to disable the functionality of IMC TEACH or hinder its use through his/her user activities, IMC AG reserves the right to initiate civil and criminal proceedings. In particular, any measures that negatively affect the physical or logical structure of IMC TEACH and/or result in an unusually high load on IMC TEACH structures are forbidden.
    7. Disclosing any CONTENTS of IMC TEACH to third parties (also partially) without the consent of IMC AG is not allowed. It is forbidden to link to and/or display IMC TEACH or individual pages of IMC TEACH in a sub-window (frame or iframe) by means of hyperlinks. Furthermore, it is forbidden to copy (i.e. screen scraping) or process any data of IMC TEACH by means of technical aids (e.g. crawler, spider).
    8. The USER is forbidden to modify and/or remove any copyright notifications and/or brand names and/or other information in the contents of IMC TEACH.
    9. The USER is obliged to comply with these Terms of Use regardless if the use is through a free or a paid plan.
  6. Liability of the COURSE MANAGER – Transfer of rights of the contents of the COURSE MANAGERS
    1. If the COURSE MANAGER uses memory space for CONTENTS within the framework of IMC TEACH, the COURSE MANAGER is solely responsible for the stored CONTENTS.
    2. The COURSE MANAGER is obliged not to misuse IMC TEACH, in particular
      • not to carry out any interventions in the telecommunications network
      • not to infringe upon national or international property laws (e.g. copyright laws or trademark laws)
      • not to violate criminal laws, in particular §§ 184 ff. StGB (distribution of pornographic publications), §§ 86 f. StGB (distribution of propaganda materials on behalf of unconstitutional organisations), § 111 StGB (public provocation to commit a criminal offence), § 126 StGB (threatening to commit a criminal offence), § 129a Para. 3 StGB (advertisement for a terrorist organisation), § 130 StGB (incitement to hatred), § 130 a StGB (incitement to criminal offences), § 131 StGB (depictions of violence), § 201a StGB (violation of privacy through image recording) as well as not to violate laws protecting minors and not to distribute or make reference to any content that contains defamatory statements or otherwise legal and immoral contents.
    3. The COURSE MANAGER can add CONTENT to IMC TEACH. The COURSE MANAGER retains the right as author and all existing intellectual property rights to the CONTENT uploaded to IMC TEACH.
    4. If the COURSE MANAGER uploads copyrighted or otherwise legally protected CONTENT to IMC TEACH, he/she grants IMC AG and all companies belonging to IMC AG the necessary, non-exclusive, worldwide and temporally unlimited rights to use this CONTENT free of charge for the purpose of providing and operating IMC TEACH, and only to the extent necessary for this.
    5. In order for IMC AG to be able to offer the IMC TEACH platform, the CONTENTS must be saved by IMC AG and hosted on servers. The right of use of IMC AG thus covers in particular the right to technically reproduce the CONTENT. The COURSE MANAGER furthermore grants IMC AG the right to make his/her CONTENTS on IMC TEACH accessible to the public only if his/her intention is to disclose it to the public due to the nature of the respective service or in the event that the COURSE MANAGER has explicitly specified public access. The right to public disclosure ends when the COURSE MANAGER removes his/her content from IMC TEACH or withdraws the granting of public access.
    6. By transferring CONTENTS to IMC TEACH, the COURSE MANAGER confirms that he/she possesses sufficient rights with regard to all transferred CONTENTS in order to transfer to IMC AG the rights designated in accordance with the previous provisions and that he/she is unaware of any conflicting third party rights; in particular, that he/she is in possession of the required licences, rights, permissions and approvals for the use and for authorisation of IMC AG for complete usage of patents, trademarks, trade secrets, copyrights and other property rights on all submitted CONTENT and that he/she possesses the written permission, approval or allowance of every single identifiable person to guarantee the acceptance and use of these submissions by IMC AG in the form and manner stated above.
    7. The COURSE MANAGER is obliged to refrain from publishing falsehoods or misrepresentations on IMC TEACH and/or to submit CONTENTS that are illegal, obscene, libellous, defamatory, threatening, pornographic, injurious to minors, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, xenophobic, glorifying violence and/or insulting to ethnic groups and/or disparaging toward or in violation of a brand and/or any other property right of a third party.
    8. The COURSE MANAGER is obliged to refrain from posting advertisements of business enquiries on IMC TEACH.
    9. IMC AG reserves the right to remove without prior notice, to deny publication and to delete without notification or explanation CONTENT of the COURSE MANAGER that is in violation of the provisions above from IMC TEACH and all connected IT systems.
    10. By uploading CONTENT, the COURSE MANAGER confirms that he/she does not submit CONTENT that is protected by copyright, trade secrets or property rights of third parties or that contains undesired or prohibited content as stated in clause 6.
    11. The COURSE MANAGER is liable to IMC AG for any damages that IMC AG incurs due to violations of the obligations from the above-mentioned provisions (clause 5 and/or clause 6) and exempts IMC AG of any related third-party claims. This does not apply if the COURSE MANAGER is not responsible for the violation. The COURSE MANAGER shall bear the burden of proof that he/she has not committed the violation.
  7. Non-remuneration of transfer of rights
    1. The COURSE MANAGER confirms that by uploading content to IMC TEACH, he/she agrees that he/she has no right to compensation, wage or other benefits with regard to the content he/she published on IMC TEACH and that he/she does not expect such. The compensation that the COURSE MANAGER receives for uploading content on IMC TEACH is the advertisement that his/her contents receives through the acts of usage thereof by IMC AG.
    2. By registering, the COURSE MANAGER confirms that he/she understands that he/she is in no way obligated to send contents to IMC AG.
  8. Liability of IMC AG
    1. Claims brought against IMC AG by the USER for damages or reimbursement of expenses shall be governed by the following provisions, irrespective of the legal nature of the claim; in particular, IMC AG accepts no responsibility for the completeness or the accuracy and timeliness of the information and content provided.
    2. The liability of IMC AG is – irrespective of the legal reasons – excluded, unless the damage was caused by the intent and/or gross negligence of IMC AG or its employees, or representatives or agents of IMC AG. Insofar as the liability of IMC AG is excluded or limited, this also applies to the personal liability of employees, representatives or agents of IMC AG.
    3. For damages resulting from death or injury to body or health that are the result of an intentional, grossly negligent or negligent breach of duty by IMC AG or a legal representative or vicarious agents of IMC AG, IMC AG shall be liable – irrespective of the above provisions – in accordance with the statutory provisions.
    4. If, as part of a paid plan, IMC AG is at least by negligence in breach of an essential contractual obligation, i.e. an obligation the observance of which is of essential importance for achieving the purpose of the contract (essential contractual obligation or cardinal obligation), the liability against the COURSE MANAGER is limited to the damage that will typically be caused, in other words to those damages that must generally be expected to arise with regard to the contract. An essential contractual or cardinal obligation in the above-mentioned sense is one whose fulfilment makes the due and proper implementation of the contract possible in the first place, and on the compliance of which the COURSE MANAGER regularly relies and may rely.
    5. The liability of IMC AG under the Product Liability Act (§ 14 ProdHG) remains unaffected.
    6. It is the responsibility of the COURSE MANAGER to regularly back up all content placed by him/her on IMC TEACH. IMC AG is only liable for loss of data, introduced viruses or unauthorised data access within the framework of the foregoing conditions.
  9. Duration of the user relationships/termination of the user relationships
    1. Paid plans of IMC TEACH have a minimum contract term of 12 months from the date of registration and are renewed each time for another 12 months if they are not terminated in writing by IMC or the COURSE MANAGER with a notice period of 4 weeks to the end of the contract period.
    2. Cancellations must be submitted in writing, e.g. by e-mail to support-teach@im-c.com.
    3. The right of IMC AG and/or the COURSE MANAGER to immediate termination of the user contract for an important reason remains unaffected by the above provisions.
    4. With free plans, the USER can delete his/her user account at any time and thereby terminate the usage agreement with IMC TEACH.
    5. IMC AG is entitled to cease operation of free plans of IMC TEACH at any time without giving reasons. In such event, IMC AG will endeavour to notify the COURSE MANAGER with an advance notice period of at least 30 calendar days of termination of the free plans of IMC TEACH via e-mail sent to the e-mail address specified during the registration of the COURSE MANAGER.
    6. IMC AG is entitled to block the access of the COURSE MANAGER to IMC TEACH at any time without prior notice if the COURSE MANAGER stores unlawful or immoral content on IMC TEACH or the COURSE MANAGER uses IMC TEACH contrary to the above-mentioned provisions of clauses 5ff. and 6ff.
    7. With free plans, IMC AG also reserves the right to terminate the user relationship with IMC TEACH due to inactivity. In such a case, the following applies: If the USER has not logged in to his/her account with his/her user name and password for more than 180 calendar days, IMC can delete the USER’s user account with all associated data. The USER will be given at least 30 calendar days prior notice of the intention to delete via an e-mail sent to the e-mail address specified with registration.
    8. Upon deletion of a user account, the user relationship ends.
  10. Billing/Payment
    1. Paid plans are billed 12 months in advance for the upcoming contract period.
    2. IMC AG will only accept the payment methods offered on IMC TEACH. The USER selects his/her preferred payment method from the available payment methods him-/herself.
    3. If paid plans are booked against invoice, the price is payable net (without deduction) immediately upon – at the latest within 14 days from – receipt of the invoice. The legal provisions concerning the consequences of default in payment shall apply.
    4. USERS who are entrepreneurs within the meaning of § 14 BGB (German Civil Code) are only entitled to offset rights if the counter-claims have been legally established, are undisputed or have been recognised by IMC AG, or if the opposing claims are based on the same legal relationship. This exclusion of offsetting rights does not apply to USERS who are consumers within the meaning of § 13 BGB.
  11. Data security and privacy
    1. IMC AG shall take all technical and organisational measures that are necessary to ensure the security of the USER’s data in IMC TEACH; however, IMC AG cannot provide unlimited guarantee of the integrity of IMC TEACH. Please refer to the provision in clause 8.6.
    2. IMC TEACH is operated by IMC AG exclusively in data centres in Germany, the Netherlands and Ireland.
    3. To use the website https://learn.im-c.com, please refer to the data protection declaration of IMC AG under https://www.im-c.de/en/data-privacy.
    4. IMC AG has the right to collect and further process non-personal (anonymised) data.
  12. Precedence of the German version of these Terms of Use
    1. Insofar as IMC AG provides translations of the German language version of these Terms of Use, the German language version of these Terms of Use shall always prevail in legal assessment with regard to the use of IMC TEACH.
    2. This is especially true if there should be any differences or contradictions between the German language version and a translated version of these Terms of Use.
  13. Changes in provisions
    1. IMC AG has the right to modify these Terms of Use in the future for free plans. In the event of future changes, IMC AG will give USERS who use free plans advance notice by e-mail of upcoming changes, using the e-mail address stored in the user account. USERS of free plans are free to delete their user accounts with immediate effect.
    2. In the event that the USER continues to use IMC TEACH free of charge despite the change in the Terms of Use and fails to delete his/her user account, this serves as declaration of his/her agreement with the changes and IMC AG will thus handle his/her continued use as acceptance of the amended terms.
    3. COURSE MANAGERS who use the paid plans will be given immediate advance written notice of upcoming changes to these Terms of Use via e-mail to the e-mail address specified with registration. The conversion of the paid plans to the new Terms of Use will then be carried out for the new contract period, if the COURSE MANAGER agrees to renewal of the contract on the basis of the new Terms of Use. Continued use of IMC TEACH past the end of the current contract period is also regarded as acceptance of the amended Terms of Use. If the COURSE MANAGER is only informed of changes to these Terms of Use after expiry of the notice period under clause 9.1, he/she is entitled to special right of termination without notice to the end of the current contract period.
  14. Final provisions
    1. IMC AG is entitled to use vicarious agents for the operation of IMC TEACH.
    2. The law of the Federal Republic of Germany applies, excluding the UN sales law.
    3. For USERS who are consumers, the above choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer is habitually resident.
    4. If the USER is a trader, a legal entity under public law or a special fund under public law, the exclusive jurisdiction for all disputes arising from this contract shall be Saarbrucken, Germany.
    5. The same applies if the USER is an entrepreneur and has no general jurisdiction in Germany or whose domicile or habitual residence at the time the action is brought is unknown. The capacity of IMC AG to appeal to another court of jurisdiction remains unaffected by this.