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 Technische Universität Bergakademie Freiberg (hereinafter referred to as: system provider), Akademiestraße 6, 09599 Freiberg.
2. The system provider offers on the Learning Platform OPAL a wide range of information, online collaboration functions such as forums or wikis, as well as learning programmes for use by interested parties and customers.
3. Access and use of the Learning Platform OPAL is subject to the following terms and conditions. Access and use shall be granted only if you recognize 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 processes personal data only in accordance with the European, national, and local statutory data protection regulations. For more detailed information on the processing of personal data, please refer to the privacy policy of the system provider.
2. By using the Learning Platform OPAL under these conditions, you agree not to disclose 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 acknowledge that you are responsible for any use of the Learning Platform OPAL that is executed by means of your account, that you need to ensure your credentials are protected against unauthorised use and disclosure to third parties, and that you are required to notify the system provider immediately if you notice or suspect any improper use of your account.

§4 End of user usage for the learning platform OPAL

1. The system provider may suspend access to the content of the Learning Platform OPAL in whole or in part or terminate your usage authorisation if your learning platform account or its content is used by you or any third party in a manner that in the opinion of the system provider constitutes a violation of these terms and conditions or can otherwise harm the Learning Platform OPAL.
2. The OPAL accounts of university members, such as students and staff, will be deleted when they leave or exmatriculate. Therefore, there is no need to manually delete the Learning Platform OPAL account. If you have any questions, please contact elearning@tu-freiberg.de.

§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. In particular, 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 to the Learning Platform OPAL any content and data whose storage, publication, or use may be a violation of criminal law, copyright and trademark laws, or other labelling laws. This also includes infringements of regulations regarding the protection of minors and personal and privacy rights as well as violations of 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 data that is not generally available.

§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.

§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 reimbursement of expenses by third parties as well as the costs of proper legal defence.
3. The system provider assumes no liability for the topicality, 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 non-use of the presented information or through the use of faulty and incomplete information are generally excluded, unless there is evidence of wilful intent or gross negligence on the part 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.