EasyChalk Terms and Services

Preamble

Chalkless Media GmbH operates a service under various top-level domains (easychalk.de, easychalk.com etc.) and various sub-domains of those domains that shall hereinafter be referred to as “EasyChalk”.

“User” shall refer to any natural person or legal entity that registers with EasyChalk as a consumer or entrepreneur. These Terms of Use shall govern the contractual relationship between the User and Chalkless Media GmbH. The User shall conclude the contract for the use of EasyChalk with Chalkless Media GmbH, Burgstrasse 27, 60316 Frankfurt am Main, Germany. Our Internet service is intended exclusively for persons of legal age and legal capacity.

§1 Subject Matter of the Contract

1.1 EasyChalk enables registered users to create, modify and manage electronic whiteboard images.

1.2 We reserve the right to modify and possibly limit the scope of services rendered by EasyChalk, unless this is unreasonable for the User.

§2 Registration and User Account

2.1 It is necessary to register on our website or on the website of one of our partners in order to use EasyChalk.

2.2 The User agrees to provide truthful and complete information when registering. Should this information change, the User must update it independently and without delay.

2.3 Your password for using EasyChalk should be handled confidentially and must not be passed on to third parties.

2.4 A user account must be used exclusively by the User who registered said user account.

2.5 By registering, the User confirms that he is of legal age and legal capacity.

§3 Right of Withdrawal for Consumers

3.1 Right of Withdrawal

A person shall be regarded as a consumer when entering into a legal transaction for purposes that are attributable neither to his commercial nor his self-employed professional activity. A consumer is entitled to withdraw the present contractual declaration within 14 days, without giving reasons and in writing (letter or e-mail). The period shall begin upon receipt of this notification in writing, but not prior to conclusion of contract, nor prior to fulfillment of the Chalkless Media GmbH information obligations. The withdrawal notification must be sent to: Chalkless Media GmbH, Burgstrasse 27, 60316 Frankfurt on the Main, Germany or support@www.easychalk.com.

3.2 Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties, and any benefits gained from the use of such services, must be returned. All reimbursement obligations must be fulfilled within 14 days of the withdrawal notice. This period shall begin for the consumer upon sending the withdrawal declaration, and for Chalkless Media GmbH upon receipt of said declaration.

§4 Content

Content refers to all the data and information the User has posted and made available at EasyChalk. Content refers in particular to whiteboard images, photographs, graphics, videos, drawings, texts (including comments, messages, etc.), musical pieces, and personal data.

4.1 Chalkless Media GmbH shall assume no responsibility for content made available by the User.

4.2 Posting of Content

(a) When posting content, the User must observe applicable legislation (e.g. copyright, trademark, patent, design patent or utility patent law), the provisions of the Criminal Code and any third-party rights.

(b) The User shall not post any content that constitutes propaganda within the meaning of §86 of the Criminal Code. Furthermore, he shall neither incite hatred against nor slander parts of the population or groups of people for racial, religious or other motives.

(c) The User shall post neither pornographic content nor any content contrary to the law for the protection of children and young people.

(d) The User shall not post any content that violates human dignity, glorifies war, or that otherwise contains representations or descriptions glorifying violence.

(e) The User shall not post any instructions or descriptions that could be used to carry out one of the unlawful acts specified under § 126 paragraph 1 of the Criminal Code.

(f) If the User uploads an Image, an Audio- or Video File to the Public Library of EasyChalk he declares that these Files are free of any copyright, trademark claims.

The person who associated a work with this deed has dedicated the work to the public domain (CC= 1.0 Universal) by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

Anybody can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission

4.3 Chalkless Media GmbH reserves the right to resort to external hosting providers in order to store user content.

4.4 Chalkless Media GmbH reserves the right to reject or delete content for technical and other reasons.

§5 Fair Use

The user has the right to upload as many objects (Images, Audio-Files or Video-Files) to the personal EasyChalk library. Should the amount of data exceed 1 GB the Chalkless Media GmbH may ask the user to delete objects.

The user has the right to use servieces like Goolge Singn On and Microsoft Singn On without extra cost. If these services are used without registering for an EasyChalk license, Chalkless Media GmbH has the right to terminate this service for the user.

§6 Costs and Term

6.1 The costs for the use of EasyChalk is stated during the registration process.

6.2 The usage fees shall be payable upon receipt of invoice in advance for the period selected.

6.3 For any use of EasyChalk subject to a charge, the contract shall initially run for period specified by the User. Thereafter, the term shall be extended by renewal periods of the same duration, provided that neither the User nor Chalkless Media GmbH terminates the contract in due time.

6.4 For any use of EasyChalk subject to a charge, the User and Chalkless Media GmbH are entitled to terminate the contract upon expiry of the billing period specified by the User, or, where applicable, upon expiry of a renewal period that has come into force, with a period of notice of 30 days and without stating any reasons. The notice of termination may be given by e-mail or letter. In the notice, the User should state the e-mail address he registered with EasyChalk and his customer number.

6.5 The right of both parties to extraordinary termination shall remain unaffected by the provisions in paragraph 6.4. Extraordinary termination by Chalkless Media is possible, among other reasons, in the case of violation of these Terms of Use, loss or suspected misuse of access data, or for any other important reason. Chalkless Media GmbH may terminate the contract by deleting the relevant user account and its associated content.

§7 Right of Contact the user

Chalkless Media GmbH has the right to contact the user to provide him with technical information (e.g. password change, updates of the software), legal information (e.g. changes of the terms and services) and marketing information  (e.g. newsletters)

§8 Indemnification

8.1 The User undertakes to indemnify Chalkless Media GmbH against all claims – including claims for damages – asserted by other users or other third parties against Chalkless Media GmbH due to a violation of their rights as a result of content the User has posted on EasyChalk. The User shall meet all reasonable costs, including for legal defense, incurred by Chalkless Media GmbH as a result of said violation.

8.2 All further rights, including compensation claims by Chalkless Media GmbH, remain unaffected.

§ 9 Warranty Disclaimer

Chalkess Media GmbH cannot provide any assurance, guarantee or warranty as to the quality, topicality, availability, suitability, accuracy or completeness of EasyChalk. In particular, Chalkless Media GmbH cannot guarantee that the use of EasyChalk is safe, timely, uninterrupted or error-free, or that it can be used in conjunction with any other hardware, software, other systems or other data. Chalkless Media GmbH cannot guarantee that the stored data is accurate or current, that errors or defects will be corrected, or that the servers used to provide our services are free from viruses or other harmful components.

§10 Concluding Provisions

10.1 Chalkless Media GmbH reserves the right to change these Terms of Use at any time and without specifying reasons. We reserve the right to change the Terms of Use.

10.2 Should any part of these Terms of Use be deemed invalid or unenforceable, the remaining sections shall remain unaffected and fully binding.

10.3 These Terms of Use are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sales of Goods. Place of jurisdiction is Frankfurt am Main.

About us:

EasyChalk is the original Online-Whiteboard-Software, that works on all Interactive Flat Panels (IFP) Interactive Whiteboards (IWB) e.g. on SMART Boards®, Promethean Boards®, Star Boards®, Tablets, interactive projectors (e.g. from Epson, Hitachi) and other systems. You can use EasyChalk anytime with any hardware. You can use EasyChalk hardware independent, e.g. create documents on an iPAD, embed videos and web content and share your work – no matter if you are working with Windows, Mac or Linux. This works since EasyChalk uses AJAX and HTML5, the most up to date web technology. Since Java and Flash is not required , you can use EasyChalk on a Tablet-PC and iPad. EasyChalk can be used intuitively and easily and is not overloaded with features. You can focus on the important things: Teaching is the focus, not technology! Since EasyChalk is available online, all your data is where you need it: preparing your lessons at home, in school or for your students at home, they can access the lessons you created and shared for them anywhere on any device, also on there smart phone. The only requirement: an up to date internet browser and internet access.

The Chalkless Media GmbH was founded 2010. A Team of educators and experts from the educational sector and the interactive whiteboard industry, as well as software developers from Germany and England started Chalkess Media to crate a better whiteboard software for everyone. Since more then 15 years the team has broad experience in teaching methodology using interactive whiteboards and has excellent experience in the development of online educational software. You can buy EasyChalk licenses exclusively in Germany, Austria and Switzerland via the online distribution platform Lerneo  

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