1. term of use

1.1 general
the use of the mobile Game-Based Learning project (mGBL) website (mGBL-website) is subject to the user's acknowledgement of the terms of use set forth below. the mGBL-project partners consist of evolaris Privatstiftung as project leader and website-owner and all project members. if the user does not accept the terms of use stated below, s/he may not use the mGBL-website. by using the mGBL-website, the user accepts the terms of use. any violation of the terms of use set forth below and of the other legal provisions on the mGBL-website will automatically result in a withdrawal of the authorization to use the mGBL-website and obliges the violating party to destroy all materials retrieved from this website.

1.2 copyright
Unless otherwise agreed in writing, the content offered on the mGBL-website as well as the information made available which is offered free of charge may only be used for non-commercial purposes and is copyrighted. they may not be reproduced, distributed, leased, lent or exploited in any other form. any contravention may result in consequences under trademark law, copyright law, competition law or any other law. all exploitation rights under copyright law are only due to the mGBL-project partners. please, also read the provisions of copyright law.

1.3 privacy policy
the privacy policy of the mGBL-project is based on the principle of maintaining privacy and is mainly intended to protect personally identifiable information. please, also read the provisions relating to the privacy policy.

1.4 linking and framing
the use of links and of the framing technique is governed by the provisions on linking und framing. please, read the statement on linking and framing.

1.5 transmission of information
users may subscribe to newsletters and transmit information on the mGBL-website. information may also be provided by transmission of text contributions or by transmission of links to the editors of the mGBL-website. by transmitting information to the mGBL-website, the user automatically acknowledges the terms of use. the owner of this website will disclaim all liability whatsoever for errors during the transmission process and for the content of the information transmitted. by transmitting information to the editorial staff of the mGBL-website, the user expressly approves the use of information by the owner of the website and project partners. the approval refers to all forms of use whatsoever. the mGBL-project partners may in particular reproduce, distribute, delete, modify and publish elsewhere any information transmitted. the mGBL-project partners may monitor and control all transmitted or published information independent of its intended purpose. the owner has the right not to publish or to delete information irrespective of its content without stating any reason.

1.6 hyperlinks
the mGBL-project partners will disclaim all liability whatsoever for linked websites and their content. they have no influence whatsoever on the design and modification of these websites and on the content offered thereon. the hyperlinks available on the mGBL-website are a service provided by the mGBL-project partners to users of the website. they allow quick access to information and facilitate the search for content. hyperlinks on the mGBL-website refer to someone else's content, however, they do not judge such content in any manner whatsoever. the mGBL-project partners will particularly disclaim all liability whatsoever for the correctness, completeness, lawfulness, objectivity and topicality of this content. the access to information which is accessible through hyperlinks on the mGBL-website is only the user's responsibility. please, read also the provisions on linking and framing.

1.6 conclusion of agreement
should the mGBL-website offer the use of services, this constitutes only a request to make an offer. the offer is made by the user of the mGBL-website. the mGBL-project partners expressly reserve the right to thoroughly review offers made or to refuse the offer without stating any reason. silence is no acceptance of the offer.

1.7 warranty
the mGBL-project partners will disclaim all liability whatsoever for the correctness, completeness, lawfulness, objectivity and topicality of the content offered on the mGBL- website. the mGBL-project partners may at any time and without prior notice make adjustments, modifications and deletions of the website in its entirety and of the content presented thereon. the mGBL-project partners expressly point out that users of countries whose jurisdictions do not or only restrictedly permit such disclaimers are not or only restrictedly subject to the aforementioned provisions (see liability).

1.8 liability
the mGBL-project partners and partner companies as well as the third parties and companies with which the mGBL-project partners do business or maintain any other relationship will disclaim all liability whatsoever for any damage (in particular for positive damage, lost profit, frustrated expenses, data damage, data loss, business loss, enrichment claims, costs arising from legal consultation and execution of an agreement, etc) which are caused by the use of the website, by the provisional or permanent inability to use the website (downtime), by the limited availability of the website or of the content presented thereon, by the deficient presentation of content, by the presentation of someone else's content as well as by the presentation of hyperlinks on the mGBL-website. in case of any damage or destruction of hardware, software and other data stock caused by the use of the mGBL-website and its content respectively, the mGBL-project partners are not liable in any manner whatsoever. this provision (see applicable law) applies irrespective of the legal basis used in order to derive the claim, irrespective of the degree of fault and irrespective of the question whether the mGBL-project partners and partner companies and the third parties and companies with which the mGBL-project partners do business or maintain any other relationship were or should have been aware of a potential damage. in particular, no liability will be assumed either for claims under the agreement or for claims outside the agreement. the mGBL-project partners expressly point out that users of countries whose jurisdictions do not or only restrictedly permit such disclaimers are not or only restrictedly subject to the aforementioned provisions (see applicable law).

1.9 applicable law
the mGBL-website is managed, operated and administered by the registered office of evolaris Privatstiftung, which is situated in austria, at 8010 graz, hugo-wolf-gasse 8-8a. the mGBL-website and the content presented thereon can be retrieved and used worldwide. the mGBL-project partners will disclaim all liability whatsoever for the lawfulness of the mGBL- website and the content offered thereon from the viewpoint of other jurisdictions and relevant provisions of other jurisdictions. the use of the mGBL-website and the content presented thereon in countries other than austria is the user's exclusive responsibility. compliance with relevant statutory provisions of other jurisdictions is the exclusive responsibility of the user. when using the mGBL-website, users have to comply in particular with relevant export provisions. in case of any contravention, the mGBL-project partners reserve all rights and will prosecute any violation under criminal and civil law.

1.10 modifications
the mGBL-project partners may at any time and without notice adjust and update the terms of use under consideration. the respective version of the terms of use under consideration is binding and will be published on the mGBL-website. users of the mGBL-website should regularly read the terms of use under consideration in order to keep track of any modifications.

2. copyright statement
any information and content (texts, charts, logos, video films, music pieces, etc) represented on the mGBL-website are copyrighted. the information and content represented on this website may not be used for any purpose other than for personal use. unless agreed otherwise in writing, all rights of exploitation whatsoever are exclusively due to the author. in particular, the rights of reproduction, modification, distribution, lease, lending and sending in any form whatsoever are exclusively due to the author. the mGBL-project partners reserve all rights. any violation of the copyright will be prosecuted.

3. privacy statement
the website-owner puts particular emphasis on the privacy of each individual user. anyone may visit the mGBL-website also without providing information. personally identifiable information will only be collected if this is conducive to improving the usability of the mGBL-website and optimizing the collection of information by the user, and in order to make available to users requested information on specific subjects also by e-mail. personally identifiable information will be generally collected and processed on the mGBL-website according to the following principles:

3.1 disclosure and transparency
the privacy statement is intended to inform users of the mGBL-website of the privacy policy and to advise them how such information is processed and treated. users of the website may get special information, ask concrete questions relating to specific subjects and, inter alia, subscribe to a newsletter. for this purpose, the website-owner requires the user's e-mail address and information on his/her identity and fields of interest. the website-owner intends to permanently improve the offer on the website and to best possibly customize the information and the services offered to the users' requests and needs. in order to be able to offer and distribute targeted information, we ask our users to voluntarily provide information about the respective activities and business area. any opinions and requests relating to the mGBL-project partners and to the mGBL-website are as important as opinions on the further development of the mGBL-website and feedback relating to the quality of the information we provide.

3.2 the use of cookies
a cookie is a small file which certain websites visited by internet users write onto their hard disk. a cookie may contain only the personally identifiable information the user voluntarily provides. under no circumstances are cookies able to read-out hard disks or to read cookies which were written onto the user's hard disk by others. The website-owner uses cookies in order to customize the offer of the mGBL-website to specific user needs and to structure the content on the mGBL-website so that the user may best possibly use such content. the website-owner also uses information which can be derived from the use of cookies in order to further improve the navigation structure of the mGBL-website and to optimize the user friendliness of our website.
a large part of the mGBL-website may also be visited without cookies. The website-owner uses cookies only where this is absolutely necessary. currently, the website-owner uses cookies only in order to enable users of the mGBL-website to log in to or to log out of the website. the browser may be set so that cookies may not be stored on the user's hard disk. moreover, browsers may be configured so that the user is informed before cookies are accepted or that cookies are always rejected. stored cookies may be deleted at any time. the files which contain cookies are usually filed in a special list of the browser.

3.3 service-oriented processing and use of information
the website-owners processes and uses information in order to offer users best possible service and to optimally satisfy user-specific needs. this information helps us, for example, provide information requested by users and further improve our website.
the mGBL-project partners might send out information on new project developments and also ask for an opinion on the development of the project. users will always be able to prevent the provision of such information and to reject such information in the future. in this case, the mGBL-project partners will endeavor to its best knowledge and belief that no further information will be sent to those users. moreover, any user may state in advance that s/he does not wish to receive such requests and information.

3.4 disclosure of information
personally identifiable information of the users of the mGBL-website which was transmitted to the mGBL-project partners online will generally be disclosed only to partner companies if such disclosure is conducive according to the aforementioned principles. in all other cases, personally identifiable information will be disclosed to third parties only with the prior consent of the respective user or by virtue of the law. the partner companies of the mGBL-project partners are bound by the privacy policy principles and by the letters of confidentiality, as are the mGBL-project partners itself. information which is recorded online may also be linked with information which is provided by the user of the mGBL-website when collecting information.

3.5 advance information requiring approval
under no circumstances will personally identifiable information which was transmitted online be used in a manner other than that described herein without advising the user concerned in advance and having obtained his/her approval.

3.6 up-to-date data, information and correction
the website-owners endeavora to permanently update and correct personally identifiable information. users may at any time inform the mGBL-project partners on any change of their personally identifiable information. the in-formation will then be appropriately updated and corrected. upon request, the mGBL-project partners will email the personally identifiable information the respective user delivered upon his/her registration on the mGBL-website.

3.7 data security
the website-owner will use all its efforts to protect personally identifiable information according to state of the art from adventitious and unlawful destruction and from loss, and will endeavor to use information properly and not to grant access to unauthorized parties. critical information will only be stored in encrypted form.

3.8 data secrecy
the website-owners employees are obliged to keep data confidential also after termination of their employment.

3.9 further development and privacy
the website-owners privacy policy supports active privacy. it focuses on the maintenance of the data secrecy. according to the website-owner, a material aspect of a successful privacy policy is the permanent further development and improvement of the website-owners privacy standards.

3.10 data protection commission
the website-owner is registered with the austrian data protection commission and entered in the data processing register. in the course of registration, the following data processing number (dvr no.) was allocated to the website-owner: 1073591. the website-owner appointed a privacy representative to process questions relating to privacy. for questions relating to privacy please contact mr. michael haberler

4. linking and framing

4.1 links from other websites to the mGBL-website
the website-owner allows all links which do not change the content of the mGBL-website in any manner and fully sustain the identifiablity of the origin of such content and present the linked mGBL-website in its entirety. any content of websites which contain links to the mGBL-website has to comply with applicable legal provisions, in particular those of competition law, copyright law, trademark law and criminal law. such websites may not incorrectly state the relationship to the mGBL-project partners. the use of the mGBL-logos requires the prior written consent of the website-owner. any content of the mGBL-website may not be presented by using frames. links to websites with unlawful content are not permitted. the mGBL-project partners reserve all rights in case links are established to websites with content contrary to competition law, copyright law, trademark law or any other law. linkings of websites with insulting, obscene, immoral or otherwise controversial content are not permitted.

4.2 links from the mGBL-website to other websites
links of other websites with the mGBL-website will not change someone else's content in any form whatsoever, will fully sustain the identifiablity of the origin of someone else's content and present the linked website in its entirety. if someone else's content is presented, a new browser window will open and the framing technique will not be applied. the mGBL-project partners will not assume any responsibility whatsoever for the lawfulness of the content of someone else's website to which the mGBL-project partners are linked. the mGBL-project partners will in particular not assume any responsibility for any subsequent change of such content.

4.3 publication of links on the mGBL-website by users of the website
users of the mGBL-website may, inter alia, publish links to other websites. these links will be transmitted by electronic data transmission. the mGBL-project partners have no opportunity to verify the lawfulness of links transmitted in this manner and to exert influence on the transmission process. the mGBL-project partners will not assume any responsibility for links that are published on the mGBL-website that way and refer to websites with unlawful, insulting, obscene, immoral or otherwise controversial content. the responsibility for such links is exclusively due to the user who transmitted this link. the mGBL-project partners reserve all rights towards the transmitter.