1. Scope and Content
Texas Instruments Education Technology GmbH, Haggertystr. 1, 85356 Freising, Germany ("TIET" or "we") operates several online platforms ("T³ Portals") for the T³ community (Teachers Teaching with Technology) in Europe on different websites, including under www.t3europe.eu, www.t3deutschland.de, www.t3oesterreich.at, www.t3schweiz.ch, www.t3nederland.nl, www.t3vlaanderen.be, www.t3france.fr, www.t3-italia.it, www.t3sverige.se) (each including its subpages), (“Website(s)”). To provide for practical and effective rules for the use of these T³ Portals and, in particular, the uploading, downloading and usage of any educational materials through these T³ Portals, TIET has created the following terms of use ("T³ Terms of Use"). Please make sure you familiarize yourself with these Terms of Use before using any of the T³ Portals operated by TIET within the scope of these T³ Terms of Use. On our Websites you may publish or download learning materials, such as videos, websites, text documents, audio files and/or images, (“Content”) and subscribe to our eNewsletter service to receive regular information and updates from TIET (together "Services"). These T³ Terms of Use govern the relationship between you and TIET when you use our Websites and Services.
2. You Agree
These T³ Terms of Use govern your use of our Websites and Services. Before you are able to use our Services, such as publishing or downloading Content, TIET will ask you to read and accept these T³ Terms of Use. These T³ Terms of Use are a legal agreement between you and TIET. Please read these T³ Terms of Use carefully. If you do not agree to these T³ Terms of Use, do not use our Websites and Services.
3. Scope of Obligations of TIET
We provide the Websites and Services without warranties of any kind, either express or implied, and only as further specified below (and elsewhere in these T³ Terms of Use):
TIET provides the Websites and Services "as available": While TIET endeavours to ensure that the Websites and Services are normally available twenty-four (24) hours a day, TIET is not obligated to offer access to the Websites and/or Services. The Websites and/or Services may be temporarily unavailable due to technical or other issues. In particular, the download of Content may not function without delay.
TIET provides the Websites and Services "as is": TIET is not in a position and under no obligation to ensure that the Content uploaded on our Websites by third parties, or any other content or information displayed on our Websites, will always suit your purposes, be complete, correct, up to date, free of malware, free of rights of third parties or free of other imperfections. Any use of the Content made available through our Websites is at your own risk and you should carefully check the Content before relying on the Content being accurate, error-free, complete and/or up to date.
4. Use Restrictions and Termination of Access to TIET Websites and Services
TIET Websites and Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Except as stated herein, no TIET Website or Service, nor any part of any TIET Website or Service, may be reproduced, duplicated, mirrored, modified, displayed, distributed, copied, sold, resold, visited, or otherwise exploited for any purpose without express prior written consent of TIET, unless expressly permitted by applicable law.
You agree not to use TIET Websites and Services in a manner that violates any applicable law or regulation; to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; to interfere with or disrupt TIET Websites or Services or servers or networks connected to TIET Websites and Services; use any data mining, robots, or similar data gathering or extraction methods in connection with TIET Websites or Services; frame or utilize framing techniques to enclose any trademark, logo, proprietary, or other information (including datasheets, images, text, page layout, or form); and attempt to gain unauthorized access to any portion of TIET Websites or Services or any other accounts, computer systems, or networks connected to TIET Websites and Services, whether through hacking, password mining, or any other means.
TIET offers the Websites and Services free of charge and its sole discretion. TIET reserves the right to discontinue the Websites or Services and/or refuse all or part of the access to the Websites to any user of the Websites and/or Services ("User") for any reason, at any time and at its sole discretion, in particular where the User violates these T³ Terms of Use or applicable laws. TIET may block the IP address or addresses of the User or otherwise disable access to the Websites at any time, without notice and at its sole discretion, to prevent or restrict the continued use of the Websites or Services by the User.
5. Your Account
5.1 Creation of your Account
In order to be able to upload Content on a Website you need to establish an account on the Website ("Account") and register for our Websites and Services as a member of the T³ community ("Member"). You will be asked to provide certain personal information and create a user name ("User Name") and password ("Password") to secure access to your Account.
For further information on which personal information TIET requests from you in order to establish your Account, and how we process such information, please see our T³ Privacy Policy.
5.2 Your Obligations when Using your Account
The permission to establish your Account is personal to you and cannot be shared with or otherwise used by any other individual or entity.
You hereby acknowledge and agree that all information provided to TIET in registering for your Account is current, complete, and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect.
You are responsible for maintaining the confidentiality of your Account, User Name and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TIET may access, refuse service, place restrictions on, remove or edit content in, or terminate your Account if TIET suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent.
You further agree that:
You will not create more than one Account for yourself, and not create any Account for any third party.
You will not create another Account if we have terminated and/or deleted your Account, unless you have TIET's written permission to do so.
You will not buy, sell, rent or lease access to your Account.
If you think that someone has gained access to your Account or Password, or the security or confidentiality of your Account is otherwise at risk, please immediately contact us by sending an email to ti-cares@ti.com.
5.3 Deletion of your Account
You may delete your Account at any time under "My Profile" in your Account. Content you have submitted will not be automatically removed from the Websites, but you may ask TIET to delete such Content by sending an email to ti-cares@ti.com.
TIET reserves the right, in its sole discretion, to terminate and delete your Account without notice, at any time and for any reason.
6. Content You Upload on the Websites
In order to be able to upload Content on the Websites you need to establish an Account. Before any Content you submit will be published on the Websites TIET will review it and determine in its sole discretion whether to publish it or not. You will be informed about TIET’s decision by email.
In relation to any Content you upload to our Websites, you agree that:
Your User Name, the time and date of the upload and your country will be published on the Websites next to your Content (see also our T³ Privacy Policy).
You will be solely responsible for any Content you upload on the Websites.
· You will upload any Content only if you own or otherwise have acquired all necessary rights in such Content, including all necessary rights under applicable copyright law, and if the Content is to the best of your knowledge accurate.
You will not upload any Content which you know is proprietary, confidential, false, inaccurate, misleading or deceptive, which is illegal, obscene, threatening, discriminatory, defamatory, invasive of privacy, infringing of intellectual or industrial property rights, or otherwise injurious to third parties, which violates any law or official regulation, which is otherwise objectionable, as determined in TIET’s sole discretion, or which consists of or contains software viruses, malware, or any other potentially damaging computer programs or files or any form of spam, political campaigning, or commercial solicitation.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content.
You can delete Content you have submitted by using the technical features offered on our Websites. In addition, you may ask TIET to delete your Content by sending an email to ti-cares@ti.com. Notwithstanding the foregoing, TIET may in its own discretion delete all or parts of your Content at any time and for any reason, including if we think your Content violates these T³ Terms of Use or applicable law.
When deleting Content, TIET will use reasonable efforts to remove it from the applicable Website, but you acknowledge that due to caching or cross references, the Content may not be made unavailable immediately or at all.
7. Rights You Grant to TIET in Relation to Uploaded Content
In relation to any Content you upload on our Websites, you grant TIET a non-exclusive, worldwide, permanent, sub-licensable and transferable (to affiliated group companies), royalty free right, to reproduce, store, host, publish, distribute, make publicly available and otherwise communicate to the public your Content on the Websites listed under Section 1. This license is for the limited purpose of making the Content available to Users of our Website, subject to the terms and conditions of these T³ Terms of Use, and of operating, developing, promoting, and improving the Websites and Services. The above license includes, without limitation, the right for TIET to translate, modify, adapt and edit the Content (solely to the extent required for the above purposes, including for technical or legal reasons, and taking into account any moral rights that may apply).
8. Rights You Grant to Users in Relation to Downloaded Content
At a minimum, you grant Users a worldwide, royalty-free, non-transferable, non-sub-licensable, non-exclusive, and revocable license to download and use Content made available to Users for download on our Website. This license is for the sole purpose of using the Content for educational purposes. If you wish, you may grant further rights to Users and you must then specify the license terms in the Content.
9. Rights We Grant to You in Relation to TIET-branded or T³-branded Content
In relation to TIET-branded or T³-branded Content, TIET grants Users permission to download, reproduce, display and distribute Content on our Website solely for use in the classroom. This permission is for the purpose of using the Content in the classroom in connection with your professional or voluntary work as teacher, and for other related educational purposes, provided that you do not modify, copy or share such Content other than as necessary for technically displaying, distributing or making available, or otherwise using the Content as part of your educational usage. TIET does not grant you any right to use any TIET-branded or T³-branded Content for any commercial purpose, such as selling or renting the Content or using it for promotional purposes or any commercial event.
10. Specific Notice Regarding Links to and Content from Third Party Websites
Certain links and third party embedded content provided through our Websites permit you to leave TIET Websites, enter non-TIET websites, and/or view and access content on third party websites (collectively, “Third Party Content”). Third Party Content is not under TIET’s control and TIET is not responsible for such content, or any changes or updates to such content. TIET provides links and access to Third Party Content to you only as a convenience and TIET does not endorse such content. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services. You agree to review and accept applicable terms in respect of Third Party Content.
11. Liability
TIET is liable without limitation for damages in cases of intent or gross negligence.
TIET shall further be liable for damages caused by slight negligence [einfache Fahrlässigkeit] only if they are due (i) to a material breach of duty which endangers the achievement of the objective of the contract with the User, or (ii) to a failure to comply with duties the very discharge of which is an essential prerequisite for the proper performance of the contract and on the observance of which the User may rely. In these cases, the liability of TIET shall be limited to the damage which can be typically foreseen for such type of contracts. Any further liability of TIET in cases of slight negligence is excluded.
The above limitations of liability shall apply to all claims for damages, irrespective of their legal cause, except for claims for damages in the event of (i) an injury to life, body or health, (ii) an explicit assumption of a guarantee (in which case the liability terms and limitation period under the guarantee, if any, shall apply), and (iii) a violation of the Product Liability Act [Produkthaftungsgesetz].
To the extent that the liability of TIET is excluded or limited, this also applies for the personal liability of its employees, statutory representatives [gesetzliche Vertreter] and agents [Erfüllungsgehilfen].
12. Indemnification
If any third party asserts against TIET any claim arising out of or relating in any way to (i) TIET's or any User's use, in accordance with these T³ Terms of Use, of any Content uploaded by you to our Website, or (ii) any breach of these T³ Terms of Use by you ("Third Party Claim"), you agree to
indemnify TIET (including its employees, statutory representatives and agents) or any such User without undue delay from any claims, costs and damages, including costs of a reasonable legal defense, resulting from such Third Party Claim;
offer TIET (including its employees, statutory representatives and agents) without undue delay assistance in the legal defense against any such claims.
The foregoing does not apply if you are not responsible for the breach of duty.
13. Data Protection and Cookies
TIET is aware of the need to protect your personal data and is dedicated to protection of User's privacy when collecting, processing and using personal data. For details about the handling of personal data by TIET, and the use of cookies on the Website, please review our T³ Privacy Policy, which also governs your use of Websites, to understand our practices.
14. Modification
TIET reserves the right to change these T³ Terms of Use at any time in accordance with applicable law. In case of a change, the new version of the T³ Terms of Use will be made available on the respective Website(s) and the changes will be effective immediately after your acceptance of the new version of the T³ Terms of Use (when using our Websites). The Effective Date of these T³ Terms of Use is set forth at the top of this webpage. These T³ Terms of Use supersede all previous versions.
15. Severability
In the event that one or more provisions of the T³ Terms of Use are or become invalid in whole or in part, the other provisions of these T³ Terms of Use shall remain in full force and effect and remain fully applicable, unless upholding these T³ Terms of Use would constitute an unreasonable hardship for one party.
16. General
The T³ Terms of Use are governed by the laws of Germany.
The European Commission provides for an online dispute resolution (ODR) platform which you can find under http://ec.europa.eu/consumers/odr.
TIET is not obliged, and generally not willing to commit, to participate in any alternative dispute resolution procedure offered by any consumer alternative dispute resolution entity.