Terms of use - Phaidra - University of Applied Arts Vienna

PHAIDRA – TERMS OF USE AND USER DESIGN *

A) General Terms of Use
B) Special Terms of Use
a) Uploading of Theses
b), c) … Supplements to Special Terms of Use, as and when required
C) User Design

A) GERNERAL TERMS OF USE 
for the uploading and storing of objects, works and information on Phaidra
I. Service Description
Phaidra is a Digital Asset Management System developed by the University of Vienna and co-used by the University of Applied Arts Vienna (service provider) within a partnership agreement. Phaidra facilitates the digital storage, management and long-term archiving of media objects, especially graphics, text, video and audio files originating from research, teaching and science. Media objects can be uploaded by users after log-in. In addition, there are digital objects – in particular metadata – that may be stored on the platform as part of an automated, self-activated procedure. 
The service provider offers users free of charge storage capacity for storing media objects on a server connected to the internet, with the intention to preserve data and to counter the fleetingness of data. The service operates without any guarantees regarding availability and duration and may be discontinued in the event of exceptional circumstances.  Should the service have to cease, the service provider commits to maintain to the extent possible the media objects transmitted, and upon request to provide a digital copy to the individual user who originally uploaded the object in question. 
The uploaded media objects may be accessed and used by all Phaidra visitors within the third party rights (license) issued by the user who uploaded the appropriate media objects and within the access options  (personal access, group or public access) selected by said user.
Especially by means of their metadata, the media objects stored on the platform can be found with the help of search engines, e.g. “google”.
The service provider does not accept liability for any errors occurring due to technical reasons. Furthermore, the service provider does not accept any liability should third parties illegally download, distribute, alter or without consent issue elsewhere any of the media objects or parts thereof. 
Whenever a user has uploaded a media object, he/she cannot subsequently demand that the service provider delete this object, unless the user can stipulate a serious reason which cannot be resolved by disabling access to said object. A serious reason can usually be assumed in cases that fall under para. V.

II. Access to the Platform
Login requires possession of an account that belongs to the University of Applied Arts Vienna. The platform works on a concept of graded access which leads to differing user levels, see point C) Phaidra User Design. Users are permitted access to the platform only to the extent granted at login. By logging in the user accepts the terms of use applicable to all users uploading objects, information and works. 
These terms are valid as long as the service provider exists and does not alter these terms. The service provider reserves the right to modify the terms at any time. Should modifications have taken place, the service provider will publish an appropriate notification on this website. 

III. Data Collection, Processing and Utilization
On setting up the account, the user supplies the service provider with personal data (inventory data: last name, first name, date of birth, address). The user confirms that this data is accurate, current and complete and revocably agrees to the collection, processing and use of this data by the service provider, as long as the collection, processing and use of said data is subject to the purpose stipulated in this usage relationship. Users have the right to access, revise, delete or block their personal details.
To the extent that the E-Commerce Act (ECA) is applicable to this service, the service provider falls under section 18 of the ECA and hereby wishes to inform the user that, on instruction issued by a duly appointed domestic court of law, the service provider may be obliged to submit to said court all information necessary to identify the users of its service in order to prevent, investigate, solve or prosecute an offence punishable by a court of law;  
that based on the order of an administrative authority, the service provider may be obliged to furnish said authority with the names and addresses of the service users, so long as knowledge of this information represents an important prerequisite for the authority’s ability to carry out the tasks assigned to it; that the service provider may be obliged to pass on name and address of a service user to a third party, so long as this third party has an overriding legal interest in establishing the identity of a user and a particular unlawful situation, and can make a credible claim that knowledge of this information is a relevant prerequisite for prosecution. 
Regarding employees of the University of Applied Arts Vienna, the regulations of the works agreement remain unaffected.  

IV. Service Provider’s Exclusion of Liability for Foreign Objects and Information
The media objects and information stored and supplied by the service provider as well as linked websites do not originate from the service provider itself. The provider only stores and makes them available on behalf of the user. The service provider does not take ownership of said items and dissociates from their content irrespective of their concrete form. As long as the user is neither subordinate to nor supervised by the service provider, the service provider is not responsible for the objects supplied by the user and assumes no liability for other user contents or activities. 

V. No Monitoring of Foreign Media Objects and Information
The service provider does not examine, check or monitor media objects and information – neither before nor after online publishing. In exceptional cases, see B) Special Terms of Use, the provider reserves the right to edit metadata. The service provider will not, on its own initiative, look for circumstances indicating illegal activities. Should the service provider gain actual knowledge about any unlawful activity, information or media object on its website, or should the service provider become aware of any circumstance that makes apparent any unlawful activity, information or medial object, the service provider is entitled to immediately remove the illegal item and block access to it. Equally, the service provider is entitled to delete or remove media objects respectively data that would damage the service database.

VI. Users’ Responsibility for Legal Conduct
The user declares to observe the requirements of legal conduct when using the services offered by the service provider, in particular that she/he does not pursue illegal purposes, will not carry out copyright or privacy violations, will not distribute any discriminatory, extremist or pornographic media objects and information.  
The user commits to indemnify on request the provider against any claims raised by third parties in connection with unlawful objects introduced by the user (be it through negligence or willful misconduct). 
In connection with this indemnification agreement, the service provider commits to inform the user without delay should the provider become aware of circumstances that might trigger the user’s indemnity obligation. The provider will also inform the user about all further third party correspondence/talks in and/or out of court that may be relevant to the kind and extent of the indemnification.
The service provider will agree with the user any legally relevant measures taken by the provider in reply to third party claims. If in individual cases an agreement cannot be reached, the service provider has the authority to decide in the case concerned. 
In respect of employees of the University of Applied Arts Vienna, the regulations of the works agreement and the employee liability law remain unaffected.

VII. Exploitation Rights
The user declares that he/she owns the distribution rights of the media items uploaded by him/her, and that he/she is entitled to grant the rights of use as listed below to the service provider, or that he/she is entitled under a statutory provision to upload the media object in question.
Insofar as it is required to realize the access option selected by the user pursuant to article I of the General Terms of Use, and is required to realize the availability of uploaded media objects within the licence selected by the user, the user grants permission to the service provider to use without fee, non-exclusive, without restriction to time or territories, the user’s media object in part or in its entirety any number of times, in particular to reproduce it, publish, disseminate, transmit, archive, make available to the public by wired or wireless connection, edit and especially alter the media object deemed necessary for technical reasons or due to requirements of long-term archiving. Also, the user grants the service provider those rights that may arise from future technological development or amendment by legislation.
The user commits to hold the service provider harmless from any and all damages or charges, should third parties claim right infringement against the service provider due to the user culpably uploading media objects (negligently or intentionally). 
In respect of employees of the University of Applied Arts Vienna, the regulations of the works agreement and the employee liability law remain unaffected.


VIII. Cookies / Log Files / Help Desk
The Phaidra software sets a temporary session cookie for each page visit which is deleted when the user/reader closes the browser.
The service provider records web server log files at each site visit. Log files are used by the service provider’s system administration particularly for the purpose of error analysis, bibliometric analysis, download statistics as well as for system optimization. 
The service provider reserves the right to document the content and progress of the inquiries addressed to the helpdesk in order to optimize the service. For employees of the University of Applied Arts Vienna, the regulations of the works agreement remain unaffected.


B)  SPECIAL TERMS OF USE
a) Uploading Written Theses
I. Studies final written works (theses) may only be uploaded by the author himself/ herself.
II. The form and content of the digital version of the uploaded thesis must fully comply with the graded and approved printed version.
III. The author confirms to have written the uploaded work independently and without outside help. He/she confirms that no other sources and means have been used than the ones declared, and that parts quoted either verbatim or content-wise from the sources used have been marked accordingly.
IV. The author confirms that all copyright issues in connection with the work uploaded and published have been resolved by him/her beforehand. Any excerpts or amendments to works of others incorporated in the author’s work originate from works that are subject to limitation to copyright, especially subject to quotation rights. In cases where a limitation to copyright was not obvious, the author obtained from the appropriate owner of rights the required permission to make use of the owner’s work or excerpt, in particular the permission to reproduce and make available, as well as the right to edit the work/excerpt.
V. Digital written theses may only be uploaded in PDF/A format. 
VI. Super Users nominated by the University of Applied Arts Vienna are allowed to correct the metadata.
VII. As the owner of all rights to the uploaded work and accompanying material, the author grants to the service provider the right to provide access to the uploaded digital work and all accompanying material, to electronically archive as per the technical standard at any one time, and to ensure online availability to an indefinite number of persons, without fee, for an unlimited period of time.
VIII. Pursuant to UG § 86, 2 "disclosure requirements", access to the digital thesis may be disabled by a Super User nominated by the University of Applied Arts Vienna.

b)   Supplements to the Special Terms of Use may occur when necessary. The service provider will announce such additions separately on this website (see also para. A, subpara. 2)


C) Phaidra User Design
I. General Information regarding the User Design
The functions of Phaidra generally cover three levels: Administrator, Owning User and Anonymous User level. The regular operation of Phaidra is optimized and augmented by two more user-optimized levels, specifically the Super User and the Instructed User level.
The extent of a user’s privileges depends on what level he/she is operating.
All users except Anonymous Users are subject to the Terms of Use (cf: Terms of Use).

II. Administrator, Owning User and Anonymous User
The Administrator has unlimited access rights, such as reading, manipulation, modification and writing rights to all objects stored in Phaidra. He/she acts as supervisor and allocates rights to others.
The Owning User has unrestricted access rights such as reading, manipulation, modification and writing rights only to his/her own uploaded objects.
The Anonymous User only has reading rights within the framework of third party rights granted and access options selected by the Owning User on uploading a media object.

III. The Super User Level
The Super User level allows individual units of the university, such as service bodies, institutes and others to individually manage their digital objects in Phaidra by one or more Super Users and the Instructed Users assigned to them.
Super Users are to be selected by the head of each unit and Phaidra Administration is to be informed accordingly. Super Users receive training courses in the use of the system and they are given full access, reading, manipulation, modification and writing rights. Consequently, Super Users are entitled to independently and comprehensively manage the stored objects of their own unit. The Super User must adhere to the instructions of the head of his/her unit. Super User activities are monitored by the appropriate department/unit head. Prior to altering Owning Users’ objects, Super Users or Instructed Users need to obtain the Owning User’s approval. Each Super User may assign his/her authorization in part to staff members of his/her own unit so that said staff may carry out a part of object management. This arrangement requires the approval of the appropriate head of unit. 
Instructed Users are bound by the instructions of their Super Users and the head of their unit. The Super User ensures that Instructed Users reporting to him/her are trained in the features of Phaidra and he/she will supervise the Instructed Users’ activities. 
The head of the appropriate unit ensures that Super Users and Instructed Users know the Phaidra User Concept and he/she warrants that Super Users/Instructed Users adhere to the Phaidra Terms of Use, in particular that they only access objects assigned to their own unit and that they act in accordance with their work assignment.

* Created on use of:
Template for Terms of Use for Online Repositories / Seyavash Amini in collaboration with lawyer Thomas Cluesmann
http://phaidra.univie.ac.at/o:459178

Declaration in respect of submitting a course assignment / Seyavash Amini http://phaidra.univie.ac.at/o:459181

https://creativecommons.org/licenses/by/4.0/legalcode
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