Virtual Science Hub User Agreement

Last modified: September 16, 2024

The Virtual Science Hub (VSH) is an exchange platform for scientific staff at the University of Augsburg (“UA”) and the University Hospital Augsburg (“UKA”). We are delighted that you intend to use the Virtual Science Hub. The VSH is free to use, but is only permitted under the following terms and conditions:

1. Scope of Application

1. These terms and conditions apply to the creation and use of a VSH user account.
2. These conditions of use apply exclusively. Deviating general terms and conditions of the user will not be recognised, even if UA and UKA (referred to as the joint operators) do not expressly object to them.

2. Our Services

1. Registered users can use the VSH platform to communicate with other users and share their contributions.
2. Registered users also have to opportunity to freely customise their user profile in order to represent themselves on the platform within the framework of these conditions of use.
3. These services will be provided as long as the VSH platform is maintained by the operators. There is no legal entitlement to the provision of these services. We reserve the right to discontinue or change the platform at any time without prior notice.

3. Conditions of Use

1. Within the operating environment of the VSH, users must behave in an appropriate and respectful way when communicating with other users.
2. Login data is to be treated confidentially and should not be passed on to third parties.
3. It is prohibited to use the VSH in a manner:
   1. that violates the law, ordinances, provisions, or regulations (e.g., the purchase of illicit substances, stolen goods, or illegal weapons);
   2. that violates the rights of third parties (e.g., trademarks, copyright, data protection laws);
   3. that violates the user’s confidentiality obligations with respect to patient data;
   4. that transmits or supports the transmission of undesired or unauthorised advertising, promotional materials, or other spam messages;
   5. that spreads a malicious code or virus; or
   6. that engages in an activity requiring authorisation without authorisation.

4. Consequences of Non-Compliance

1. In the event of non-compliance with the aforementioned conditions, the operators are authorised to at any time delete any user content in whole or in part that is in violation of these conditions or request that the user assign a new password.
2. The operator is also authorised to temporarily restrict or permanently block use of the VSH in the event of repeated user violations (including violations of different conditions) according to their reasonable discretion (“account restrictions”).
3. The type and scope of the account restrictions depend on the severity of an offence and the number and type of previous offences.

5. Liability

1. The operator is only liable for damages suffered by the user - for whatever legal reason – in the event of:
   1. wilful intent,
   2. gross negligence on the part of our executive organs or managing employees,
   3. culpable injury to life, limb, or health,
   4. fraudulently concealed defects or defects whose absence we have guaranteed,
   5. special legally mandatory liability provisions.
2. In the event of culpable breach of essential contractual obligations, the operators shall also be liable for gross negligence on the part of non-executive employees and for minor negligence limited to reasonably foreseeable damage typical of the contract. Essential contractual obligations are obligations whose fulfilment is essential for the fulfilment of the contract and whose compliance the contracting partner regularly trusts and is entitled to trust.
3. The above liability disclaimers or limitations of liability shall also apply for the benefit of employees, representatives, and other vicarious agents.

6. Responsibility for Content

1. The VSH enables the uploading of communication, photos, videos, and other content (“user content”). The user accepts that he/she is solely responsible for the user content uploaded and that other users can access or use all user content. This also applies to the content of third-party sites linked in user content.
2. Users may only submit user content if they are the sole author and owner of all rights to the user content or have all the necessary authorisations and their submission is in accordance with these conditions of use.
3. Users grant the operators and the operating company of VSH a worldwide, unlimited, irrevocable, royalty-free, transferable licence for their user content. This right of use includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works, and sell and/or distribute the user content.