Terms of Use

 

1. Scope of Terms of Use

1.1 The use of the platform as well as participation in the challenges (a contest for young scientists) on openresearchchallenge.fau.de (the "platform"), is a service of Friedrich-Alexander-University Erlangen-Nürnberg, here represented by Ms Blandina Mangelkramer, Marketing and Communications Department, Schlossplatz 4, 91054 Erlangen, Germany (hereafter "platform operators").

1.2 The use of the platform is subject to our Terms of Use and the rules for the Open Research Challenge as a whole. Participation in the various challenges is subject additionally to the requirements set out in the individual Challenge descriptions.

1.3 "Users" are registered visitors to the platform, “participants” are the users who take part in the respective Challenge after registration.

 

2. Use of the platform and participation in the challenges

2.1 Use of the platform is enabled via the registration process. Registering as a user is a prerequisite in order to register as a participant in an individual challenge. Furthermore, the published rules on the platform of the Open Research Challenge determine the participation in the challenges and the assessment criteria.

2.2 Use of and participation in the challenges on the platform is free.

2.3 Only natural persons aged 18 or over who are legally competent are eligible to participate. By registering, users and participants affirm that they meet and comply with these terms and conditions.

2.4 Multiple registrations by individual users or third-party use are prohibited.

2.5 There is neither a right to register as a user nor a right to participate in specific challenges. The platform operator is entitled to refuse authorisation of use of the service at its sole discretion without giving any reason.

 

3. Contributions during participation in the challenges

3.1 A participant participates in challenges on the platform by submitting as part of a team a proposed solution according to the specifications of the respective challenge within the given deadline.

3.2 There is also the possibility to publish opinions, ideas, comments, suggestions, sketches, photos, videos or other materials and contributions (collectively "submissions") in a general or specific Challenge Discussion on the platform.

3.3 All contributions must be written in English.

3.4 Users and participants agree not to post any content in breach of the law and / or good taste. Such contributions can be deleted immediately and without prior consultation, and represent an extraordinary reason for termination of use.

3.5 Participants agree that contributions published publicly on the platform may be used by competitors in solving the challenges.

 

4. Confidentiality agreement

Participants are obliged not to disclose to third parties any information required for their participation, in particular their username and password.


 

5. Duties of the participant

5.1 Unless expressly stated by the participant at the time of publishing a contribution, the participant by publishing said contribution affirms that he/she is the sole author of the contribution and that no third party has any rights in relation to the contribution including but not limited to copyright, registered trademarks, confidential commercial information, patents etc. This includes in particular the obligation not to publish any confidential information (including know-how) of an employer or third party to whom the participant is bound to secrecy.

5.2 The platform operator does not alter, rate or validate the content of participants’ contributions. However, the platform operator reserves the right to edit or delete posts in the capacity of managing editor of the platform. Participants waive the right in this context to plead ​​distortion according to §14 UrhG (Copyright Act). Deletion is considered if the terms of use are not met or if the platform operator considers the contribution to be recognisably unrelated to the aims of the Open Research Challenge.

5.3 Participants accept the platform operator’s unlimited rights to any contributions published publicly on the platform from the moment of publication. This includes but is not limited to the right to print, right of reproduction, dissemination and distribution rights, archive rights, the right to advertising, the right of exhibition, lecture and presentation right, and the right of making available on demand.

5.4 The Participant agrees at the moment of submission of his contribution that he has not given any direction or instruction that would limit the right to use the post. In this regard, the participant releases the platform operator from any third party claims.

 

6. Early termination of challenges, termination of membership, withdrawal of consent

6.1 The platform operator reserves the right to end or cancel a challenge at any time, without notice and without giving a reason. Claims of the participants, especially compensation claims are not justified.

6.2 The platform operator may terminate with a notice period of three days the user’s / participant's access and delete the registration. The same applies to the user / participant. The ordinary termination by the platform operator is excluded for the duration of the Challenge, in which the user / participant takes part.

6.3 The user / participant may revoke his consent to the Terms of Use at any time. This is done by giving notice to the platform operator (see 10.5). In this case, the right to participate in the challenges and to use this platform is terminated.

6.4 The right to immediate, extraordinary termination for good reason remains unaffected. In particular, violation of the Terms of Use and/or of the rules of the Challenges constitutes a good reason for termination.

6.5 In the event that the user/participant has published one or more contributions at the time of cancellation, termination, or withdrawal of consent to the Terms of Use, it is at the discretion of the platform operator whether to delete or display anonymously said contribution(s). The user/participant waives his right to be named.

6.6 Termination of membership or any other termination of participation in the Challenges - for whatever reason - has no effect on the rights of the platform operator mentioned.

 

7. Liability of the platform operator

7.1 The platform operator is only liable, for whatever legal reason, subject to the following provisions of these Terms of Use.

7.2 Unless otherwise stated in 7.3, the platform operator is exempt from any claims for damages, regardless of the legal nature of the asserted claim or the expiration of any deadline presented to the platform operator. In particular, the platform operator is not liable in any way subject to the provisions set out in 7.3 for any information made available and provided via the platform and the registration process - neither for its accuracy, completeness or timeliness nor its legality or unencumbered nature regarding the rights of third parties -, for any damage to property of the user/participant nor for lost profits, lost savings, damages resulting from any third party claims and other indirect and consequential damages.

7.3 Limitation of liability in accordance with 7.2 does not apply to bodily injury, damage to health and life and damage resulting from intent or gross negligence on behalf of the platform operator. It also does not apply in the case of fraudulent concealment of a defect or the acceptance of a guarantee and / or damage incurred as a result of negligent breach of material obligations under this contractual relationship. In these cases:

a) The platform operator is liable for injury to life, limb or health, in each case in accordance with the statutory provisions.

b) The platform operator is also liable in accordance with statutory provisions for its own intentional or grossly negligent behavior and corresponding behaviour of its agents.

c) In the case of fraudulent concealment of a defect or the acceptance of a guarantee and / or damage incurred as a result of negligent breach of contract, the platform operator shall be liable under the statutory provisions, in the latter case only to the typically foreseeable amount of damage.


 

8. Regulatory Compliance, liability of the user or participant, exemption

8.1 The user/participant agrees to adhere to statutory and regulatory provisions, in particular data protection, criminal law, copyright and/or trademark law and/or regulations under intellectual property law and not to violate any third party rights in the input and retrieval of data and information via this platform.

8.2 The platform operator will inform the user/participant forthwith in a legally permissible timeframe in the event of a third party or authorities highlighting, or evidence coming to light of violation of statutory regulations or the infringement of third party rights in accordance with 8.1.

8.3 The user/participant agrees that all data, drawings, sketches and information sent to the platform operator are free of viruses and other malicious programmes. For this purpose, the user/participant will use technologically appropriate virus protection programs. Damage caused by transmitted viruses or other malicious programmes to the platform operator shall be compensated by the user/participant.

8.4 The user/participant undertakes to refrain from:

a) allowing third party access via his/her login without the prior written consent of the platform operator,

b) using access to the platform to disrupt or destroy the function and/or integrity of technical facilities, programs and/or data belonging to third parties or the platform operator against their will (for example by developing, entering or disseminating of viruses, worms, Trojan horses, cancel bots and other malware),

c) sending clearly not desirable emails (spam) and/or chain letters (junk mail),

d) forging IP addresses of third parties for the purpose of gaining unauthorised access to computers and/or internal networks of third parties, sending false IP addresses to domain name servers for the purpose of rerouting data from the actual owner of the respective IP address and/or programming hyperlinks with modified characters and/or graphic elements and using them to trick other internet users into thinking they could access a third-party website (spoofing).

8.5 The user/participant indemnifies the platform operator of disadvantages of any sort that arise or could arise from injurious actions by the user/participant.

8.6 The user/participant indemnifies the platform operator from all demands and claims which are made due to infringement(s) commited by the user/participant, provided he/she is responsible for the breach of duty. In that case the user/participant is obligated furthermore to compensate the platform operator for all resulting damage and expenses, for example legal fees.

8.7 The user/participant is liable for his/her contribution(s) in accordance with statutory provisions.

8.8 If there is a reasonable suspicion that a breach under 8.1, 8.3 and/or 8.4 has occurred, the platform operator is entitled to suspend use of the platform and remove contributions until compliance with the Terms of Use has been proven. The user/participant will be informed of such action forthwith under a legally appropriate timeframe.

 

9. Copyright

The platform operator owns the copyright or right of use to all images, videos and texts that are published on the platform, unless these are originally published as part of contributions, comments, etc. by users or participants. Any use of the images, videos and texts is not permitted without the express written consent of the platform operator.

 

10. Data Protection

10.1 The platform operator uses the personal information provided by the user/participant (such as name, address, date of birth, e-mail address, telephone number) in accordance with the requirements of Germany’s data protection laws.

10.2 All personal information will be kept confidential. Personal data required for the implementation and management of the Challenges is stored and used by the platform operator with the option of making it available to service partners involved in the execution of the project (such as postal services). In addition, the data will be used by the platform operator for marketing purposes and market research. By default, the following information will be available to users and participants, but can be edited and deleted at any time via the “Profile” function:

- Feedback on submissions and questions,

- Comments of other users to their own proposals and comments,

- Information on the performance of current Challenges,

- Invitations to new Challenges,

- Information about completed Challenges on the platform.

 

10.3 The names of the winners of each Challenge can be published for marketing purposes by the platform operator - depending on the design of the marketing campaign and in the context of the challenge - unless the winner objects to publication immediately upon being notified. A right to attribution pursuant to §13 UrhG (Copyright Act) does not exist.

10.4 Detailed information about data protection and privacy can be obtained from the attached data protection policy. The user/participant accepts the general data protection policy.

10.5 The responsible agent in terms of data protection law is the platform operator. The user/participant may at any time object to the use and processing of his/her data for advertising and marketing purposes and for market research and revoke any consent given to the use of his/her data as well as request information about the data stored about him/her by notice to the platform operator at:

Friedrich-Alexander-Universität Erlangen-Nürnberg

Zentrale Universitätsverwaltung

Abteilung M1 – Open Research Challenge

Schlossplatz 4, 91054 Erlangen, Germany

Phone: +49 9131 8570225

Fax: +49 9131 8570220

openresearchchallenge@fau.de

 

11. Final Provisions

11.1 These Terms of Use and any dispute arising out of or in connection with these Terms of Use shall be governed by the laws of the Federal Republic of Germany.

11.2 The place of jurisdiction for all rights and obligations arising from these Terms of Use is Erlangen, Germany.

11.3 The platform operator may change these Terms of Use at any time without notice for any reason. The most recent published version of these Terms of Use accepted by the respective user/participant shall apply between platform operator and user/participant. The consent of a user/participant to amendment(s) shall be deemed given insofar as the platform operator sets a reasonable timeframe for the user/participant to agree expressly to the amendment(s) under clear description of the nature of the amendment(s) and the informed user/participant does not agree expressly within said timeframe.

11.4 If any provisions of these Terms of Use are or become legally invalid or incomplete, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced with ones that are suitable to achieve the desired commercial purpose, taking into account the interests of the parties.

11.5 Any conditions, extensions, or restrictions on the part of the user/participant, conflicting with or differing from these Terms of Use do not apply.