Ernst Klett AG, Rotebühlstrasse 77, 70178 Stuttgart, Germany, provides the Klett ESD Network exchange and information platform (hereinafter ‘Community Platform’) on the topic of sustainability. The Community Platform is an internal platform of the Klett Group, the use of which is reserved for the sustainability ambassadors (hereinafter ‘Users’) of companies (subsidiaries) belonging to the Klett Group. The Community Platform is used for the exchange of information and knowledge on the topic of sustainability/education for sustainable development and is an internal social network for the sustainability ambassadors. To this end, the Community Platform allows Users to present themselves in a profile and supports contact and communication between Users. The Community Platform also supports the sharing of User posts and commenting on the posts of other Users. The aim of the platform is to connect ambassadors from the various subsidiaries and to provide them with a workspace for the implementation of their own or joint projects. This process will be closely and continuously monitored by a specialised project office. On the Community Platform, it is possible to both obtain and transmit information. Interactions are possible within individual chat notifications or group chats as well as in ‘spaces’ and on member profiles. The contact details of the sustainability ambassadors are displayed (first name, last name and e-mail address). Additional voluntary information can also be provided. Ernst Klett AG provides the technical platform. Where Ernst Klett AG provides its own content for Users, this is expressly indicated. Last updated: January 2022 **1. Scope** 1\.1.  These Terms of Use apply to the use of the Community Platform including all associated subdomains. The Community Platform is currently offered via the URL [https://esd-network.klett-gruppe.](https://esd-network.klett-gruppe.) 1\.2. By using the Community Platform, the User expressly agrees to the Terms of Use without further statements. 1\.3. Ernst Klett AG is entitled to modify the Community Platform at any time, to add or remove content and to take the entire Community Platform offline. No claims shall arise from the (previous) use. **2. Access authorisation, registration; user profile, login details** 2\.1. Use of the Community Platform is reserved for sustainability ambassadors at companies belonging to the Klett Group. 2\.2. Access to and use of the Community Platform are free of charge for the User. 2\.3. Use of the Community Platform requires registration by the User. 2\.4. When registering, Users must provide their first name and last name as well as a valid e-mail address at which they can be reached. Users can also assign themselves a username of their own choosing when registering. 2\.5. Users shall provide true information during registration. 2\.6. The User is responsible for ensuring that the information provided is accurate and up to date. In the event of changes, Users shall update their data within a reasonable period of time. 2\.7. Each User may register only once. Multiple registrations are prohibited. 2\.8. When creating a user profile, the User must provide the minimum information required in the corresponding menu. All other information is voluntary. 2\.9. All information contained in the profile must be truthful. 2\.10. The first and last name, the chosen username and the e-mail address are visible to all users of the Community Platform. 2\.11. The User can post a photo of themself in their user profile.  Users are responsible for ensuring that they have the necessary rights to use any photo posted to their profile. 2\.12. Users shall store their login details (e-mail address, username and password) carefully and protect them against unauthorised use by third parties and shall keep their passwords secret. Users must notify Ernst Klett AG immediately if they have reasonable grounds to suspect that their login details have been misused. **3. Rights and duties of the User; duty to indemnify** 3\.1. When using the Community Platform, Users shall observe the applicable laws and, in particular, not infringe third-party rights. 3\.2. Users shall not post any content that infringes applicable laws or these Terms of Use. ‘Content’ within the meaning of these Terms of Use means information in the broadest sense, in particular texts, files, images, graphics and links. Users shall, in particular, * Not post content asserting untrue factual claims * Not post offensive or defamatory content * Not post hate speech * Not use pornographic content or content that infringes youth protection laws and shall not advertise or offer pornographic products or products that infringe youth protection laws * Refrain from the unauthorised use of protected content or marks (in particular, those protected by copyright, trademark, name, patent, design or utility model law) * Not undertake or promote any actions that infringe competition law; in particular, shall not harass other users by sending unsolicited advertising e-mails * Not post content that directly or indirectly promotes products, services, political parties or ideologies * Not post any content that is subject to a legal or contractual obligation of confidentiality * Not post links to other telemedia featuring illegal content. 3\.3. Users may not reproduce, distribute, otherwise make publicly available or otherwise exploit content that is accessible on the Community Platform without the consent of the respective rights holder. This does not apply if such actions are expressly permitted by the applicable laws. 3\.4. Users shall submit only subject-related and qualified posts and comments that relate to the subject matter of the Community Platform. Users shall act conscientiously, considerately and respectfully when creating user posts. Users guarantee that they own all necessary rights to the contents of the user posts submitted and further guarantee that no third-party rights will be infringed by the use of their user posts in accordance with these Terms of Use. 3\.5. Users are personally responsible for the posts they submit, the contents thereof and for other communication. Ernst Klett AG has no obligation to check the legality, accuracy, topicality or completeness of the posts and comments. 3\.6. Infringements of the aforementioned user obligations may, among other things, incur a liability for the User to pay damages and result in revocation of the User’s authorisation to use the Community Platform. Ernst Klett AG will further be entitled to delete any posts and comments that infringe the aforementioned user obligations. The User shall indemnify Ernst Klett AG against any third-party claims asserted against Ernst Klett AG on account of user posts submitted by the User, their contents and other communication contents that constitute an actual or alleged third-party right infringement. The User shall also compensate Ernst Klett AG for all damages incurred by Ernst Klett AG as a result of user posts submitted by the User, their contents and other communication contents, including in particular the assertion of third-party claims. This shall also include the cost of appropriate legal defence for Ernst Klett AG. **4. Rights of Ernst Klett AG in the event of infringements** 4\.1. Ernst Klett AG reserves the right to modify, delete or refrain from publishing user posts and other provided content at any time without providing reasons or separate notification. This will be the case, in particular, if user posts and/or content infringe the provisions of these Terms of Use or do not meet the stated objective of exchanging and disseminating information. This will apply, in particular, for user contributions that are offensive, inflammatory or promotional in content or that otherwise infringe applicable legal provisions. 4\.2. Ernst Klett AG reserves the right, in the event of the infringement of statutory provisions or of these Terms of Use, to revoke the User’s access to the Community Platform, without prejudice to other rights and claims. In the event of this revocation, the User will be prohibited from further use of the Community Platform. The User’s ID will be blocked, the User’s profile will be deleted and the user will be prohibited from registering again. **5. Granting of rights of use** 5\.1. The User grants Ernst Klett AG the non-exclusive, freely transferable, regionally, temporally and textually unlimited right to use and exploit the content posted by the User on the Community Platform. This right covers all known and unknown types of use. 5\.2. The granting of rights to content posted within the User’s personal profile, in particular to photos posted and texts and details posted to the profile, is limited in time to the User’s duration of use of the Community Platform. Such content will be deleted by Ernst Klett AG after termination of the membership; usually within a processing period of one week. 5\.3. Rights to posts and comments submitted by the User to the Community Platform, including any included content, such as sound or image files, are granted forever. 5\.4. The rights of Ernst Klett AG include, in particular, use within the Community Platform and other telemedia and other use in electronic networks, including the Internet and intranet, within on-demand services of all kinds, within mobile phone-based applications, in the audiovisual sector, within digital media and multimedia products of all kinds and in the print sector. Rights of Ernst Klett AG comprise, in particular, * The right to reproduce, make publicly available and distribute, i.e. the right to reproduce, make publicly available and publicly reproduce the content without limitation, irrespective of the technology used, in particular through digital integration within the Community Platform and other telemedia * The right to make available on demand, i.e. the right to store the content, to make it available to the public, to transmit it to one or more requesters, in all electronic databases, electronic data networks and networks of telecommunications services * The right of communication to the public, i.e. the right to reproduce the contents commercially or non-commercially, using sound storage media, image media, audiovisual media, multimedia and other data media in all formats, using all analogue and digital processes and techniques, including the right of electronic and non-electronic acoustic reproduction of the text (text to speech) * Editing rights, i.e. the right to edit, translate, arrange and otherwise rework the contents as desired, either internally or by third parties, including the right to publish or exploit the editing and the right to reproduce the results on all media, in particular in print media, while upholding the moral rights of the copyright holder 5\.5. The granting of rights also includes use of the contents in extracts as well as the right to combine them with other works and to use them in combination with other works. 5\.6. Ernst Klett AG shall be entitled to transfer the rights to which it is entitled pursuant to the above paragraphs in whole or in part to third parties temporarily or permanently without obtaining further consent and to grant third parties corresponding rights thereto temporarily or permanently and to grant a licence to exercise the rights. **6. Termination of the right of use** 6\.1. Users have the right to terminate their membership of the Community Platform at any time without giving reasons. Termination of membership is possible via the profile settings. Alternatively, the User can submit a termination notification by e-mail to the address [info@klett-gruppe.de](mailto:info@klett-gruppe.de) or, in writing, by post to Ernst Klett AG, Corporate Communications, Rotebühlstrasse 77, 70178 Stuttgart, Germany. 6\.2. Ernst Klett AG may terminate the User’s membership at any time without giving reasons and exclude the User from using the Community Platform. Users shall be excluded, in particular, if Ernst Klett AG cannot reasonably be expected to continue the use, taking into account all the circumstances of the individual case and in due consideration of the interests of Ernst Klett AG and the User. Users shall be excluded in the following cases, in particular: * Infringement of legal provisions by the User * Repeated infringement of the Terms of Use by the User * Reasonable concern that the User’s behaviour will damage the reputation of the Community Platform or Ernst Klett AG * Termination of the User’s role as a sustainability ambassador. 6\.3. Upon termination of membership, the User’s personal profile, including any image files posted, as well as any personal e-mail account of the User, including all stored messages, will be deleted. Furthermore, all of the User’s personal data stored by Ernst Klett AG will be deleted permanently, unless Ernst Klett AG has a legal obligation to store said data. 6\.4. Posts and comments submitted to the Community Platform by the User prior to termination of membership shall remain accessible after the termination, unless deleted by Ernst Klett AG. The name of the User will no longer be shown in the name line accompanying the post or comment. The User’s name will be replaced by a neutral designation (typically ‘guest’). However, it is not possible to delete the User’s name from the text of posts or comments. **7.  Warranty; liability, limitation of liability** 7\.1. Ernst Klett AG assumes no warranty or liability for the continuous electronic availability of the Community Platform and the electronic content provided thereon as restrictions may arise for technical reasons. Disruptions to the quality of Internet access and Internet data traffic due to force majeure and events outside the control of Ernst Klett AG, which considerably impede performance or render performance impossible, shall not constitute cause for claims for damages due to non-availability. 7\.2. Ernst Klett AG shall be liable without limitation for all damages, attributable to intent or gross negligence, which result from the infringement of material contractual obligations, the fraudulent concealment of defects or the absence of a quality guaranteed by Ernst Klett AG. ‘Material contractual obligations’ are obligations whose fulfilment makes the proper performance of the contract possible, on whose compliance the purchaser may normally rely and whose breach jeopardises the achievement of the purpose of the contract. 7\.3. The liability of Ernst Klett AG is excluded for all other damages. Liability under the Product Liability Act remains unaffected. 7\.4. Ernst Klett AG provides no guarantee and accepts no liability for the completeness, accuracy and topicality of the information provided on the Community Platform or content posted by Users. 7\.5.  The above provisions also apply in favour of employees and vicarious agents of Ernst Klett AG. **8. Amendments to the Terms of Use** Ernst Klett AG is entitled to amend or supplement these Terms of Use subject to a reasonable period of notice. The notice shall be provided exclusively by publication on the Internet on the pages of the Community Platform. If the User does not object to the amended or supplemented terms within 4 weeks of their publication on the Internet, the amended or supplemented terms shall enter into effect. If the User objects in due time, Ernst Klett AG shall be entitled to terminate the contract as of the date on which the amended or supplemented Terms of Use are to enter into force. **9. Data protection** Ernst Klett AG collects and uses Users’ personal data for provision of the Community Platform in accordance with the applicable legal provisions. The nature, scope and purpose of the collection and use of Users’ personal data are explained in the Data Protection Policy, which can be accessed by the User at any time via the Data Protection Policy link. **10.   Applicable law, legal venue** 10\.1. The laws of the Federal Republic of Germany shall apply to the exclusion of conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG). 10\.2. If the User is domiciled or ordinarily resident abroad, Stuttgart, Germany, shall be the legal venue for all claims arising in connection with use of the Community Platform. Ernst Klett AG shall also be entitled to take legal action at the User’s general place of jurisdiction. **11. Severability** If any provision of these Terms of Use is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, the statutory provision shall apply. The Parties shall agree on a valid and enforceable provision whose effects come as close as possible to the economic purpose of the invalid or unenforceable provision.