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Imprint, Terms of Use, Data Privacy Declaration

The following information is provided in accordance with article 5 Telemedia Act (Telemediengesetz – TMG).

Imprint

MoLeaP – The Mobile Learning Project Database is a service provided by
Judith Seipold
Falkensteinstrasse 3b
34305 Niedenstein
Germany

and the London Mobile Learning Group (LMLG)
Dr. Norbert Pachler
Institute of Education, University of London
20 Bedford Way
London WC1H 0AL
U.K.
+44 020 7612 6712

   

Design and graphics

Visuelle Kommunikation Gabriele Schlipf - momik
()

Website conception

Judith Seipold
()

Scripting and programming

Klaus Rummler
()
Technologie: XHTML, JavaScript, Database, PHP and MySql.

Webmaster

Klaus Rummler () and
Judith Seipold ()

"MoLeaP – The mobile learning project database" is part of the project "And don't forget to bring your mobile" – Informing educational target groups about mobile learning opportunities (project holder: Judith Seipold), which is funded by the Centre for Excellence in Work-Based Learning for Education Professionals (WLE Centre) at the Institute of Education (IoE), University of London from 2008-2010. "MoLeaP – The mobile learning project database" is related to the work of the London Mobile Learning Group (LMLG; www.londonmobilelearning.net) and part of its web presence.

Copyright

Copyright 2008-2009 Judith Seipold & The London Mobile Learning Group (LMLG). All rights reserved.
Copyright on name/brand, idea and project realisation: Judith Seipold.
Copyright on design and graphics: Gabriele Schlipf - momik and Judith Seipold & The London Mobile Learning Group (LMLG).
"MoLeaP - The mobile learning project database" is licensed under the Creative Commons "Attribution Non-Commercial No Derivatives" 3.0 Germany license. MoLeaP - The mobile learning project database bases on a content at www.moleap.net. Further conditions are available at http://www.moleap.net/index.php?page=imprint.

Proposed citation

Please cite the MoLeaP database as follows:
Judith Seipold, The London Mobile Learning Group LMLG (Year): MoLeaP - The mobile learning project database. URL: http://www.moleap.net.

Please cite submissions (i.e. projects, applications, resources) from the database by referring to the original project in order to recognise the rights of the copyright holder. In case you would like to emphasise the link to the MoLeaP database, we suggest the following citation: Author/Editor (Year):
Project. Institution. Original URL. Available at: Judith Seipold, The London Mobile Learning Group - LMLG (year): MoLeaP - The mobile learning project database. URL: http://www.moleap.net.

Terms of Use

Terms & Conditions regarding the use of MoLeaP – The Mobile Learning Project Database
(last revised on 05th January 2010)

 

Preamble

MoLeaP – The Mobile Learning Project Database is a service provided by Judith Seipold, (Falkensteinstrasse 3b, 34305 Niedenstein, Germany) and the London Mobile Learning Group (LMLG), (Dr. Norbert Pachler, Institute of Education, University of London, 20 Bedford Way, London WC1H 0A, U.K.) (hereinafter called "MoLeaP").

MoLeaP is an on-line service which is made available for the purpose of scientific research and practical teaching. The intention is to enhance the theory and practice of mobile learning via the Internet.

The MoLeaP database invites projects which focus on the use of mobile media relevant to teaching and learning, within as well as outside a school environment. In addition to project descriptions, also mobile applications and resources such as URL links to project websites, texts, services as well as similar tools and aids may be entered.

Users (hereinafter called "users") of MoLeaP have the possibility to seek information on the practice and theory of mobile learning.

Contributors (hereinafter called "contributors") provide data of relevance to the field of knowledge outlined above, making their pratical examples, experiences, theories, products, resources, or services related to mobile learning available to a wider audience via MoLeaP.

Partners enter into a strategic partnership with MoLeaP, e.g. by providing distribution channels. Partners express their support of the MoLeaP initiative by placing their logo on the MoLeaP website, and by placing the MoLeaP logo on their own website and disseminating it through other distribution channels.

MoLeaP provides its service on the basis of these Terms and Conditions. By registering or using this service, the user/contributor/partner consents to the validity of these Terms and Conditions. If the user/contributor/partner does not wish to be bound by these Terms and Conditions, he may not use the service provided.


1. Scope of application and alterations to the Terms and Conditions

(1) The present Terms and Conditions lay down the conditions under which users, contributors and partners are entitled to use the service provided by MoLeaP.

(2) MoLeaP reserves the right to change or modify the Terms and Conditions with future effect. In this case the user/contributor/partner will be informed accordingly on the MoLeaP website. Unless the user/contributor/partner expressly objects to these changes within four weeks after receiving notification, the changes will be deemed accepted. In any other respect, the changes are deemed accepted with the further use of the service.

 

2. Services provided by MoLeaP

(1) MoLeaP is a multimedia platform which seeks to give users/contributors/partners the possibility to make specific contents and information available to the public. To this end, MoLeaP makes specific means and services available through its website, database and related services which contributors may use to publish their entries. Entries shall be defined as any form of data (texts, images, videos, weblinks etc.) which are contained in projects, applications, or resources relevant to the field of mobile learning.

(2) By accepting the Terms and Conditions, users/contributors/partners are entitled to use the contents of the MoLeaP database as a research tool within the scope of these Terms and Conditions.

(3) Similarly, MoLeaP makes its own contents available for use by users/contributors/partners within the scope of these Terms and Conditions.

(4) Upon successful registration, MoLeaP allows the contributor to upload his data to the MoLeaP database by using an on-line input surface.

(5) MoLeaP grants the contributor a non-exclusive right to publicly display the MoLeaP logo on advertising materials and/or on the contributor's website.

 

3. Partners

(1) Partners enter into a strategic partnership with MoLeaP, e.g. by providing distribution channels. Partners support MoLeaP by placing their logo on the MoLeaP website, and by placing the MoLeaP logo on their own advertising materials and/or their own website.

(2) To allow the partner to place his logo on the MoLeaP website, MoLeaP offers appropriate means and services to the partner free of charge. For this purpose, the partner grants MoLeaP the non-exclusive free right to use his logo for display on the MoLeaP website.

(3) For the purpose of placing the MoLeaP logo on advertising materials and/or on the partner's website, MoLeaP grants the partner a non-exclusive free right to use the MoLeaP logo.

 

4. Registration and conditions of participation

(1) Before posting entries on the MoLeaP website, the contributor must register with MoLeaP.

(2) The contributor is obliged to complete all fields on the registration form and to verify that the information given is true and correct. Registration will only be successful if all applicable and mandatory fields are completed.

(3) Subsequent to his registration, the contributor will be assigned personal access data needed for using MoLeaP. This personal access data is intended for exclusive use by the contributor to whom this information was sent upon registration.

(4) Only individuals with unlimited legal capacity are entitled to use the service.

(5) The contributor is obliged to keep the personal access data assigned to him safe and secure and protect it against misuse by third persons.

 

5. Granting of rights, legal guarantee and utilisation of contents

(1) By uploading entries to the MoLeaP database, the contributor grants MoLeaP a non-exclusive free right to make these entries and their contents available to the public. This also includes contact details which the contributor passes on along with an entry. The contributor in particular grants the following rights to MoLeaP:

- the right of reproduction,
which is the right to produce copies of the work (in this case content), temporary or permanent, in any form or number;

- the right of distribution,
which is the right to offer or issue the original work or copies of the work (in this case content) to the public;

- the right of public display,
which is the right to make the work (in this case content) available to the public, wired or wireless, in a way to allow members of the public to access the work at any place and time convenient to them.

(2) The contributor grants MoLeaP the right to process the uploaded contents, in particular for the purpose of adjusting them to the required formats or enhancing the quality in which they are presented.

(3) MoLeaP reserves the right to use the database contents for scientific research purposes and for educational purposes as well as any other purposes related to teaching. This includes in particular their release on the MoLeaP website, in publications and in presentations. MoLeaP, for its part, is obliged to make reference to the project operators and owners of the user rights as indicated in the database.

(4) The contributor guarantees to MoLeaP that he possesses all relevant rights to use the contents he has uploaded and that he does not violate any third-party rights, any statutory provisions nor any of the provisions of these Terms and Conditions. If the contributor is not the exclusive owner of the rights to the contents uploaded, he guarantees that he has obtained all transfers of rights, licenses, permissions, consents etc. with legal effect. Should the contributor violate these guarantees, he shall release MoLeaP, in accordance with article 12, from any liability towards third parties and fully indemnify MoLeaP.

(5) The contributor grants permission that his contents are made publicly available and may be used by third parties for their own purposes.

(6) The contributor grants permission that MoLeaP make reference to MoLeaP's services by using the contributor's name or contents vis-à-vis third parties free of charge.

(7) The rights granted to MoLeaP by the contributor shall expire upon the termination of participation or after MoLeaP deletes the contents from the database.

 

6. Free-of-charge use

Users, contributors and partners are entitled to use MoLeaP free of charge.

 

7. General obligations of the contributor

(1) The contributor agrees to provide the relevant entries and take care of their selection, formatting, categorisation, editing and processing.

(2) The contributor is obliged to check before uploading whether the contents he intends to upload comply with the provisions of these Terms and Conditions and with the legal requirements.

(3) The contributor is obliged to produce at least one backup copy for himself and keep this copy for at least six months after the entry expires.

(4) The contributor is entitled to make reference to his collaboration with MoLeaP by using the MoLeaP logo on his advertising material, in particular on his own website/s (if available),

 

8. Liability and forbidden contents

(1) Although MoLeaP checks and inspects all contents before making them public to assure a certain level of scientific quality, the responsibility for any contents (information, data, texts, software, music, sounds, photos, graphics, videos, news, or any other material) which are stored, published or transmitted by contributors by using MoLeaP's service lies exclusively and absolutely with the contributor who has created such contents.

(2) Within the scope of the services offered by MoLeaP, the user/contributor is not permitted:

- to store, publish and/or transmit any data, texts, pictures, data files, links, software, or any other contents which, in accordance with the relevant statutory provisions or in the opinion of MoLeaP, are illegal, detrimental, threatening, abusive, pestering, slanderous, vulgar, obscene, hate-inciting, racist or reprehensible in any other way or may be detrimental to minors in any way, in particular contents that are pornographic, glorify violence, or are dangerous for young people in any other way;

- to store, publish and/or transmit contents that violate the rights of third parties, in particular patents, brandnames, copyrights or ancillary copyrights, business secrets, personal rights, or property rights;

- to store, publish and/or transmit contents that you are not entitled to convey;

- to identify yourself as a different person when using the service provided by MoLeaP, e.g. as a representative of MoLeaP or as any other person responsible for the offer in any other way, or to wrongfully claim to have a relation to such persons;

- to falsify headers or manipulate identification in any other way in order to conceal the origin of contents transmitted within the scope of the service;

- to store, publish and/or transmit unwanted advertising, promotional material, junk e-mails or mass e-mails (“spam”), chain letters, snowball systems, or any other advertising;

- to harrass, insult, threaten, slander, pressurise or embarrass a natural person, legal entity or enterprise, or to create trouble in any other way, or to state or spread untruths about a natural person, legal entity or enterprise.

(3) MoLeaP reserves the right to reject, exclude, or delete contents with immediate effect and without giving reasons, in particular if these contents violate any statutory provisions or these Terms and Conditions.

 

9. Notification of infringements of rights

(1) MoLeaP respects the intellectual property of third parties and encourages the users/contributors/partners to do so as well.

(2) If a user/contributor/partner feels that his copyrights or any other of his proprietary rights are violated as a result of the contents provided by a different contributor, he shall inform MoLeaP thereof in due course.

(3) If any further contents have been uploaded to the MoLeaP database of which the user/contributor/partner feels that they violate these Terms and Conditions or any statutory provisions, MoLeaP requests to contact the address indicated in the imprint and provide MoLeaP with detailed information as to the place where the content in question is stored.

 

10. Data privacy

The service provided by MoLeaP is subject to the data privacy declaration set up by MoLeaP, of which the user/contributor/partner has taken notice.

 

11. Liability, warranty, web links

(1) Claims for damages against MoLeaP are precluded irrespective of the legal ground, unless MoLeaP, its legal representatives, or the persons employed in performance of an obligation have acted willfully or by gross negligence. MoLeaP will only be liable for slight negligence if a contractual liability essential for attaining the purpose of the contract was violated by MoLeaP, its legal representatives, or its executive personnel, or the persons employed in performance of an obligation.

(2) This disclaimer of liability does not apply to claims for damages resulting from injury to life, body, health or the assumption of a guarantee of quality or fraudulent concealment of defects on the part of MoLeaP.

(3) Should MoLeaP be liable for slight negligence in accordance with item 1, the claim for damages will be limited to the foreseeable damage that could typically be expected in connection with the contract.

(4) Claims for damages from MoLeaP are subject to a 12-month limitation period from the time they arise, unless they are based on an unlawful act or intentional damage.

(5) If MoLeaP's liability is excluded, this will also apply to enterprises connected to MoLeaP as well as to a personal liability of employees, staff members, representatives, partners and persons employed in the performance of an obligation associated with MoLeaP or with enterprises connected to MoLeaP.

(6) MoLeaP offers its services with the reservation that these services may be interrupted or discontinued at any time. Users/contributors/partners will use the service at their own risk. This applies in particular to the downloading or any other use of contents, in particular of contents provided by other contributors. Users/contributors/partners bear sole responsibility for any damage to their computer system or any other technical equipment used, for the loss of data or for any other damage and also for damage incurred by third parties, which they have caused in this connection.

(7) MoLeaP does not guarantee that the service will meet with the user's/contributor's/partner's requirements and will be available at any time without any interruption, up-to-date, safe and without fault. MoLeaP does not give a guarantee with regard to the results that may be achieved by making use of the service, or with regard to the accuracy and reliability of the information available within the scope of the service. MoLeaP does not guarantee either that the hardware and software used for providing the service will always work faultlessly, or that any faults in the hardware or software will be corrected, and will not assume liability for damage resulting from the use or the impossibility to use the service provided by MoLeaP, including loss or corruption of data. In particular, MoLeaP will not assume liability for the cost of procurement of replacement or for costs incurred in connection with any goods or services obtained, any news received or any other business deals or any alteration of entries or data, or in any other way. MoLeaP will not assume liability either for the conduct of users/contributors/partners or other third parties, or for contents or declarations passed on by users/contributors/partners or other third parties within the scope of the service.

(8) The service provided by MoLeaP may include links to other websites and services. MoLeaP does not check the objectives of these links, nor adopts these contents and excludes any liability or warranty with regard to these contents.

 

12. Release from liability

The contributor herewith declares that he will release and indemnify, upon the first request, MoLeaP, any enterprises connected to MoLeaP as well as the employees, staff members, representatives, partners and persons employed in the performance of an obligation associated with MoLeaP or with enterprises connected to MoLeaP, with regard to claims of any type which are raised by third parties on the basis of or in connection with contents that the contributor stores, publishes or transmits within the scope of the service offered by MoLeaP, or which are raised on the basis of his use of the service or on the basis of violations of these Terms and Conditions or of rights of third parties. This will include in each case adequate lawyer's fees and legal costs.

 

13. Termination and exclusion from participation

(1) The contributor may cancel his member account at any time for any reason whatsoever. MoLeaP will then delete all of the contributor's data stored.

(2) The contributor grants permission that MoLeaP may, at its own discretion and for any reason whatsoever, terminate his password, member account (or parts or certain contents thereof) or any other utilisation of the services, and may delete any contents. This applies in particular if MoLeaP assumes that the contributor violates any statutory provisions or these Terms and Conditions.

(3) The contributor grants permission that, in accordance with the provisions of these Terms and Conditions, his access to the service provided by MoLeaP may be interrupted without previous notice and that MoLeaP may block or cancel the contributor's member account and any of his contents with immediate effect and/or restrict any further access to such contents or to the service provided by MoLeaP.

 

14. Proprietary rights of MoLeaP

(1) The user/contributor acknowledges that all rights to the service provided by MoLeaP and its identification including any rights with regard to trademarks, patents, copyrights or licences or other rights or comparable legal positions are exclusive to MoLeaP. The user/contributor/partner will not use these without previous express and written permission from MoLeaP or remove any references to the proprietorship of MoLeaP. In particular, the user/contributor/partner shall not be entitled to use the brandname MoLeaP, to copy, change or disect software, to process it or try to find out the source code, to sell or assign software, to grant any sub-licences in this respect, to transfer any rights to the software, or to claim any rights whatsoever. To clarify matters, the above does not apply to the contributor's own contents which he has uploaded to MoLeaP. In this regard, however, the user/contributor/partner will respect the rights of other authorised persons to these contents.

(2) Article 2 item 5, article 3 and article 7 item 4 of these Terms and Conditions remain unaffected by the above provision.

 

15. Final provisions

(1) If individual provisions of these Terms and Conditions are or become ineffective, the remaining provisions shall not be affected. Ineffective provisions shall be replaced upon mutual agreement by other provisions which, considering the diffferent interests of the involved parties, are suited to achieve the desirable economic purpose. The same applies in the case of a regulation gap which may emerge from these Terms and Conditions.

(2) Any changes and amendments to these Terms and Conditions must be made in writing in order to be effective. This also applies if the requirement for written form is to be waived.

(3) These Terms and Conditions are subject to the laws of the Federal Republic of Germany. The place of performance and sole place of jurisdiction is Kassel, Germany, as far as it is legally admissible.

Data Privacy Declaration

Data Privacy Declaration
(last revised on 31st October 2009)

 

The protection of your privacy in the collection, processing and use of your personal data during your visit to our website is an important concern to us. Your data will be protected in accordance with the statutory provisions in the Federal Republic of Germany. Below please find information on which data is collected during your visit to our website, and how it is used:

 

1. Data collection and use
When you access our website, your web browser automatically transfers technical data to our web server. This data includes the date and time of access, the URL of the relevant website, the file accessed, the amount of data transferred, the type and version of your browser, you operating system and your IP address. This information is stored separately from any other data you send us while using our service. We do not have the possibility to relate this data to one particular person. The data is evaluated for statistical purposes and subsequently deleted.

In the event that a contractual agreement shall be concluded, formulated, or modified between you and us, we reserve the right to collect and use your personal data for the purpose of completing such an agreement if required. By order of the competent authorities (such as by court order), we are entitled to disclose such information to the extent that this is deemed necessary for the purpose of seeking prosecution, averting danger, or enforcing intellectual property rights.

Any other personal data will only be collected and used if you provide them to us voluntarily along with an inquiry or registration.

 

2. Cookies and JavaScript
We use so-called cookies and JavaScript to promote our service. Cookies and JavaScript are small amounts of data which your web browser stores and/or processes on your PC. Such cookies and JavaScript may contain information about your visit to our website. Most browsers have a standard configuration that accepts cookies and JavaScript. However, you may configure your browser so that it rejects cookies and JavaScript, or alternatively asks you to confirm your acceptance prior to receipt. Please be aware that in case you decide to reject cookies and JavaScript, an undisturbed use of our full range of services may not be guaranteed.

 

3. Use and transfer of personal data
Of course, any personal data you put at our disposal will be kept strictly confidential.
Please understand that we cannot provide our services to people who wish to remain anonymous. Personal identification is the only way to assure that our terms and conditions of use are strictly adhered to.

To the extent that you have made your personal data available to us, we will only use them to answer your inquiries, to process any contracts/agreements concluded with you, and for technical administration.

Your personal data will be handed over or passed on to third parties only (i) if this is essential to contract fulfilment or for accounting purposes, ii) if you previously gave us your consent, or iii) if we are compelled to disclose this information, such as upon the legal decision to prosecute, to avert danger, or to enforce intellectual property rights. You are entitled to revoke your consent at any time and with future effect.

We will delete the personal data we have stored if you revoke your consent to the storage, if knowledge of the data is no longer necessary for the purpose to be achieved by data storage, or if the storage of data is not permissible for any other legal reasons.

 

4. Right to obtain information
We will be happy to provide you with information on the personal data we have stored of you upon written request.

 

5. Safety notice
We take all reasonable technical and organisational steps to ensure that your personal data are stored in a way to protect them from third-party access or misuse. When communicating via email, we cannot guarantee 100% data safety. This is why we recommend that you use the postal service for transmitting confidential information to us.

 

6. Changes to this data privacy declaration
We reserve the right to change this data privacy declaration at any time in keeping with the legal provisions, in particular those relating to data privacy.

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Copyright 2008-2011 Judith Seipold & The London Mobile Learning Group (LMLG). All rights reserved.
Last update: 25 November, 2011