User Agreement Learning Platform ILIAS in University Medicine Göttingen (UMG)
General Terms of Use and Service Agreement
Status 07 / 2023
1. Scope of services
Universitätsmedizin Göttingen (UMG) grants the user access to the teaching / learning platform "ILIAS" and its elements such as learning units, discussion forums, messaging system, etc. in compliance with the terms of use and the service agreement. The subject content of the respective courses serves to inform the users and is also used for teaching and learning in the sense of strengthening self-learning competence.
2. Service agreement and right of use
The user's right to use includes access to the subject content of the respective course. In detail, these are:
- The online retrieval and use of subject content on a data processing device belonging to the user or a third party for the purpose of informing and learning or the creation of learning content for teachers.
- Working on the exercises given by the course units.
- The communication options of the e-learning platform consisting of e-mail, discussion forums, groups and chat.
- Copying / downloading and printing of subject content for the private and school use of the registered user for information and learning purposes is permitted.
- Any production of copies of any kind (written documents, diskettes, hard copies, etc.) and/or their transfer to third parties not authorized to access is not permitted during and after termination of the access authorization and leads to the immediate, automatic termination of the authorization to use the subject content. The same applies to any making available of the subject content of the e-learning platform to third parties who are not authorized to access it. In such cases, the right to take civil and criminal action against the user is reserved.
3. Performance agreement and warranty
3.1 The user is aware that, according to the state of the art, it is not possible to create subject content that is completely free of errors and to make it available and perform it via the Internet - digital media.
3.2 In the event of malfunctions in its technical facilities, UMG will endeavor to remedy these at short notice within the existing technical and operational possibilities.
3.3 Work required for maintenance and data storage purposes may cause interruptions.
3.4 Any liability and warranty of UMG due to technical malfunctions in the sense of the aforementioned points 3.2 and 3.3 kind is excluded, unless there is intentional or grossly negligent action.
3.5 The subject content can be changed and updated at short notice. The resulting changes to the subject content do not justify any warranty claims on the part of the user.
4. Terms of use
4.1 The user who writes a contribution undertakes to respect the applicable copyright law and to first check contributions for their usability without hesitation; this applies to texts and images. It must be ensured that, when using photos and/or personal data, consent for publication has been obtained from the persons named or depicted. In the case of publication, UMG assumes that copyright has been respected and that the user has express permission for publication.
4.2 Posts / topics and communication in the chat with the following content or links to them will not be tolerated under any circumstances:
- Content that violates applicable German law, good taste and ethics.
- Pornographic contents (in word and picture after Par. 184 StGB).
- Illegal contents and requests to these actions, as well as the request to criminal acts and to the participation of such.
- The depiction, linking or other dissemination of acts of violence.
- Content with racist ideas, propaganda, agitation and insult against minorities and fringe groups.
- Links to sites that pay a fee for accessing your site (e.g. referer ID's).
- Links to Warez/Crack pages and pages dealing with the topic!
- Contributions which serve to denounce another user (insults, agitation and other material which defames or threatens other users) are forbidden. Messages with advertising messages or other spam are not allowed.
4.3 Users who receive advertising messages are obliged to forward them immediately to the administrator.
4.4 Each user is responsible for the storage and confidentiality of the access data (user name and password). The permission to use applies exclusively to the user registered under the user registration.
5. Limitation of liability
5.1 UMG is not liable for claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo and tort, unless UMG or its vicarious agents can be accused of intentional or grossly negligent conduct.
5.2 Without exception, UMG is not liable for performance failures that occur on or due to the hardware and software.
This includes any damages, including lost profits, loss of business data, interruption of business, lost savings, or any other damages incidental or consequential to copying / downloading, use or inability to use the documents.
6. Copyright
All copyrights to the subject content of the e-learning platform that is the subject of the contract remain with UMG and the respective authors. The right of use extends only to the types of use expressly granted pursuant to Section 2 and to the extent stipulated by the General Terms of Use.
7. Storage of personal data according to GDPR
UMG advises all employees who are involved in the processing of the contractual relationship and the support of the subject content to observe the relevant data protection regulations. Personal data (last name, first name, e-mail address as well as course memberships, learning progress and certificates) is stored for the purpose of fulfilling the contractual relationship, securing the subject content, providing proof of instruction in accordance with the legal obligation to instruct and of instruction that has taken place, and to the extent that it is a prerequisite for communication between the subject authors and the participants / users.
Furthermore, our privacy policy applies: https://ilias.umg.eu/datenschutz.php
8. Modification of the terms of use
UMG is entitled to amend or modify these Terms of Use at any time without prior notice. The change of the terms of use is considered accepted by the user if he does not object to the change / amendment in written form within one week after receipt of the change. In case of objection, UMG is entitled to prohibit the use with immediate effect.
9. Jurisdiction, Final Provisions
9.1 The place of jurisdiction for all disputes in connection with this contract is Göttingen. The law of the Federal Republic of Germany shall apply.
9.2 Agreements that deviate from these general terms of use must be in writing to be effective. If individual provisions of these general terms and conditions of use are invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced by a substitute provision that comes as close as possible to the purpose intended by the ineffective provision. The same shall apply in the event of a gap requiring supplementation. |
