Terms and Conditions

§1 Scope

These terms and conditions apply to the use of the learning platform OPAL on the basis of the software OPAL.

§2 Learning platform OPAL

1. The learning platform OPAL is an offer of the Duale Hochschule Sachsen (henceforth referred to as "system provider"), Zentrale Geschäftsstelle, Kopernikusstraße 51, 08371 Glauchau.
2. The system provider offers a wide range of information, online collaboration functions such as forums or wikis, as well as learning programs for use by interested parties and customers.
3. Access and use of the learning platform OPAL is subject to the following terms and conditions and shall be granted only if you recognise these terms and conditions.
4. The system provider is committed to ensuring permanent access to the learning platform OPAL and the data stored on it. However, interruptions or restrictions in the availability of the learning platform OPAL cannot be completely excluded. Heavy internet traffic, internet connection breakdown, or access technology problems are not the responsibility of the system provider.

§3 Access data

1. The system provider collects, processes, and uses personal data only in accordance with the European, national, and local statutory data protection regulations. Regulations for the protection and use of personal data are set out in detail in the privacy policy of the system provider of the learning platform OPAL.
2. By using the learning platform OPAL under these conditions, you agree to not disclosing your account credentials (combination of user name and password) to any third parties and that the information stored within your account is both correct and up-to-date.
3. You agree that you
   1. are responsible for all activity that occurs under your learning platform OPAL account,
   2. protect your access data against unauthorised use, and
   3. inform the system provider immediately if you notice or suspect misuse of your account.

§4 End of user usage for the learning platform OPAL

1. The system provider may suspend the access to the content of the learning platform OPAL in whole or in part or terminate your usage authorisation if your learning platform OPAL account or its content is used in any way by you or any third parties that constitutes a violation of these terms and conditions or causes disadvantages for the learning platform OPAL from the system provider's point of view.
2. You can delete your learning platform OPAL account at any time. Please send your delete request by email to the support team of the system provider (info@dhsn.de) indicating your user name. Please make sure to use the same email address as in your personal profile on the learning platform OPAL.

§5 Copyright

1. You acknowledge that all information and documents such as text, images, and videos on the learning platform OPAL are protected by copyright or trademark rights. Reproduction, processing, dissemination, and all kinds of utilisation outside of the bounds of copyright require the written consent of the respective author/creator or copyright collective, unless the free use of specific information and documents is made possible by explicit licence terms.
2. You are the only person responsible for all content and other data you generate or store on the learning platform OPAL. Therefore, you must ensure that the stored data is free of viruses and malicious functions.

§6 Unlawful content

1. You agree that you will not upload any content and data whose storage, publication, or use may be a violation of criminal law, copyright and trademark laws, or other labelling laws to the learning platform OPAL. This also includes infringements of regulations regarding the protection of minors, personal and privacy rights, and of questionable morality. Among other things, uploading or sending content of an insulting, defamatory, offensive, harassing, or threatening nature is prohibited.
2. Using the system for any form of commercial advertising or marketing is only permitted with the consent of the system provider as is the storage of encrypted, not generally available data.

§7 Changes to the learning platform OPAL

1. The system provider may change or override parts or certain functions of the learning platform OPAL at any time. Accordingly, the system provider may, at any time, limit the usage or accessibility to platform resources, regarding both time and functionality.

§8 Access and modification of these terms and conditions

1. These terms and conditions can be viewed online at any time under the link "terms and conditions" in the footer of the learning platform OPAL.
2. The system provider is entitled to change any paragraph of these terms and conditions at any time. The changes will take effect as soon as the system provider publishes them online. By continuing to use the learning platform OPAL, you agree to the amended terms and conditions and are bound by them. You can only refuse your consent to the changes by having your login deleted by the system provider. Please send your delete request by email to info@dhsn.de.

§9 References, links, liability, and damages

1. The learning platform OPAL contains links to external websites that can host third party user content that is beyond the control of the system provider. Therefore, the system provider cannot assume any liability for third-party content. The responsibility for the content of the linked pages always lies with the respective provider or operator of these pages. If you reference pages in your posts on the learning platform OPAL, you are obligated to check these pages for possible legal violations at the time of linking to ensure that they are free of illegal content. Permanent control of the content of referenced pages is not reasonable for the system provider without concrete indications of an infringement of rights. If the system provider becomes aware of any legal infringements, they will remove such links immediately.
2. The system provider expressly states that you can be held liable in accordance with the law for any damages caused through deliberate or grossly negligent actions that are in violation of these terms and conditions. This also includes claims for damages and for reimbursement of expenses by third parties as well as all proper legal defence costs.
3. The system provider assumes no liability for the validity, correctness, completeness, or quality of the information provided on the learning platform OPAL. Liability claims against the system provider which refer to damages of a material or ideal nature caused by the use or disuse of the presented information or through the use of faulty and incomplete information are generally excluded, provided there is no verifiable intentional or grossly negligent culpability on behalf of the author.

§10 Final provisions (applicable law, severability clause)

1. The contract shall be exclusively subject to German law.
2. Should individual clauses of the preceding terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions is not affected. The inapplicable provision is replaced by a provision whose effect is as close as possible to the intended effect of the inapplicable provision as is legally possible. The same applies accordingly to any loopholes.