Terms and Conditions for the Usage of this VIMP based website

1. Preamble

Any use of the video portal for private and/or commercial purposes, for example, is not permitted. All users of the video portal are obliged to comply with the applicable legal provisions, in particular the provisions of copyright, data protection and personal rights law.

2. General Terms of Use

The following regulations apply to all users of the Munich University of Applied Sciences video portal.

3. Registration

To access the video portal and view recordings with ‘private’ or ‘hidden’ access rights or access rights related to a Moodle course (see point 5), you must register on the video portal with your central university account details.

By connecting the video portal to the central university database (identity management system) using an authentication procedure (Shibboleth), the personal access data (login name and password) correspond to those of the central university database and cannot be changed by users on the video portal.

4. Roles and rights

When using the Munich University of Applied Sciences video portal, a distinction must be made between several user groups: lecturers, staff, students and users, as well as guests.

Teachers and staff can add recordings to the video portal. They also have viewing rights with regard to recordings added by other teachers and staff within the scope of their access rights. Teachers and staff include

Teachers: These are professors and lecturers at Munich University of Applied Sciences. They have direct access to the video portal and can assign access rights (see point 5) to the recordings they have added there.
Staff: These are employees of Munich University of Applied Sciences. They have direct access to the video portal and can assign access rights (see point 5) to the recordings they have added there.
All persons who upload/manage recordings in Moodle via the ‘Opencast Videos’ block. In each Moodle course, this is possible for all persons who have the role of “trainer” or “co-trainer” in that Moodle course. These can be professors, lecturers, employees and students of the university.
Students: These are the students of Munich University of Applied Sciences. They have viewing rights, which means they can view recordings within the scope of their access rights (see point 5).
‘Users’: All members of Munich University of Applied Sciences. They have viewing rights within the scope of their access rights (see point 5).
Guests: Can view shared videos. This role is required for sharing videos in Moodle or on the website.

5. Access rights

All lecturers and staff can choose between four access rights for their recordings:

Public – the media is visible to everyone (recommended)
Hidden – this media is only accessible via a direct link
Private – the media can only be viewed by yourself
Password protected – this media is only accessible via a hidden link and a password

Recordings uploaded by Moodle trainers require the ‘Hidden’ publication setting and media permission for ‘Guests’ for the Moodle course in question. This means that, depending on the visibility setting chosen by the Moodle trainers, either all persons enrolled in the Moodle course can view the recording, or only the Moodle trainers in the Moodle course. Such recordings can be managed (added, visibility changed, deleted) by all Moodle trainers in this Moodle course.

To prevent the unauthorised use of copyright-protected recordings, uploading directly via Moodle (block ‘VIMP Upload’) is generally recommended. When uploading directly via the video portal, we recommend using the default setting ‘Hidden’. The ‘Public’ option should only be used in exceptional cases when uploading recordings in order to prevent piracy and the violation of trainers' personal rights.

6. Voluntary participation

Use of the video portal is voluntary.

7. General obligations of teaching staff and employees

Users may only use the video portal for teaching, research, university administration, university communication and other university-related purposes. The storage space provided to teaching staff and employees may only be used to store their own recordings in a university context. Teaching staff and employees are responsible for the further publication of their own recordings.

If teaching staff and employees place links to external websites when using the video portal, they must first ensure that the linked external websites do not contain any illegal content.

As a general rule, all teaching staff and employees are prohibited from:

Modifying, deleting, suppressing or rendering unusable data without authorisation and/or using it for purposes other than those for which it is intended.
In particular, disseminating material from unconstitutional organisations or their ideas.
Making offensive, insulting or defamatory statements about others.
Damaging the reputation of Munich University of Applied Sciences.
Uploading content that infringes the copyrights of third parties. To avoid unauthorised infringement of third-party copyrights, if you are unsure, please refer to the BMBF's guidelines on copyright in science for assistance before uploading the recording. Teachers and staff are responsible for the content of the recordings they upload, i.e. they must ensure that the creation and provision of the recordings on the video portal and their further publication (e.g. by embedding them in a Moodle course) do not infringe the rights of third parties. A recording whose author is not the teacher or staff member may only be uploaded if it is either licensed to allow this (e.g. a suitable Creative Commons licence) or if the teacher or staff member has the author's consent.

Videos that have been inactive for more than 18 months (i.e., neither employees, guests nor students have accessed the video) will be automatically deleted without prior notice! The platform administration therefore recommends that everyone access all videos that are not to be deleted once per semester to ensure that they remain active and are not caught up in the deletion routine.

8. General obligations of users

Users are obliged to respect the copyrights of teachers and staff. In particular, downloading and redistributing content uploaded by teachers and staff is strictly prohibited, unless this has been explicitly and demonstrably permitted by the teacher or staff member. Reference is made to Sections 97 ff. of the German Copyright Act (UrhG) and Section 12 of the University Enrolment Regulations.

9. Copyright upon departure of authors from Munich University of Applied Sciences

Teachers and employees are responsible for deleting recordings upon leaving Munich University of Applied Sciences. If the recordings remain on the video portal after their departure from the university, this shall be deemed to constitute an implied, gratuitous granting of a simple right of use of the uploaded video content by the lecturer or employee, unlimited in time and place, § 31 (1), (2) UrhG. Even after leaving Munich University of Applied Sciences, lecturers and employees may revoke the rights granted to Munich University of Applied Sciences at any time in writing or in text form and request the deletion of their recordings.

If another teacher or employee is to be allowed to continue using the recordings of the departing person on the video portal, the departing person is responsible for ensuring that this other person is able to continue using them. Reference is also made to the possibility of publication under a Creative Commons licence. Further details can be found at the following link: https://creativecommons.org/licenses/?lang=de

10. Exclusion from use and deletion of content

In the event of serious and/or repeated violations of these terms of use, the users concerned may be temporarily or permanently excluded from using the video portal. The administrators of the video portal and the university management are authorised to exclude users. The temporary or permanent exclusion of a user must always be preceded by a request to refrain from the objectionable behaviour. Only if the user in question does not demonstrably change their behaviour can the administration or university management impose exclusion.

Users who have already been excluded may be readmitted if it is ensured that the abusive behaviour will be refrained from in future.

Content uploaded to the video portal that violates these terms of use or legal regulations may be deleted by the administrators of the video portal after consultation with the ‘Innovative Teaching’ department or the university management.

11. Liability

In the event of a culpable violation by teachers or employees of legal obligations or the obligations set out in these Terms of Use, the teacher or employee in question shall be liable in accordance with the statutory provisions.

Teachers and employees are advised in particular that the university may claim damages from them in accordance with Section 48 of the Civil Service Act (BeamtStG) for any infringement of third-party copyrights. Furthermore, disciplinary proceedings may be initiated and a warning under labour law may be issued. In addition, an injured third party may also have a claim for injunctive relief against teachers and employees in accordance with § 97 UrhG (German Copyright Act).

Otherwise, as the operator of the video portal, Munich University of Applied Sciences is only liable for proven gross negligence or intentional breaches of duty, except in cases where the life, limb or health of users has been harmed. This applies in particular to damage incurred by users through downloading materials or software and other transactions on the users' technical devices.

All offers are non-binding. Munich University of Applied Sciences may terminate the operation of the video portal at any time with reasonable advance notice.

12. Reporting copyright infringements

If there is reasonable suspicion of copyright infringement, this must be reported to the ‘Innovative Teaching’ department at the following email address:
Innovative Lehre

Before reporting a copyright infringement, the above-mentioned BMBF guidelines should be consulted to rule out the possibility that an exception under Section 60a of the German Copyright Act (UrhG) applies.

13. Changes to the terms of use

Munich University of Applied Sciences reserves the right to change and supplement these terms of use with future effect. It is entitled to make decisions in individual cases that specify or extend the general terms of use. Changes to the terms of use must be announced on the video portal with a reference to the website where the current terms of use can be viewed.