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1. GENERAL

The Carinthia University of Applied Sciences provides a learning platform called Moodle under the URL https://
moodle.aau.at. Moodle is a voluntary and additional service of the Carinthia University of Applied Sciences.
Moodle is an Open Source Software to support teaching and learning through online courses as well as collaboration within various scenarios.
Moodle is available to academic and nonacademic university staff, all students of the Carinthia University of Applied Sciences, and selected external third parties who are explicitly granted access by the Carinthia University of Applied Sciences. This group is collectively referred to as users. The use of Moodle requires the agreement to the currently valid conditions of use without exception. Should individual provisions of these conditions of use be invalid, this shall not affect the validity of the remaining provisions.

2. DATA PROTECTION

The Carinthia University of Applied Sciences takes the protection of your personal data very seriously. Detailed
information on data processing within the use of Moodle can be accessed in the data protection
declaration available under Privacy

3. SCOPE AND RESPONSIBILITY

These terms of use shall apply to all users of the Moodle platform. The Carinthia University of Applied Sciences is responsible for the operation and the technical support of Moodle. These conditions of use support responsible use of the system and its contents. They contribute to the protection of copyrights and personal rights. They apply irrespective of the place of access.

4. PURPOSE

The purpose of Moodle is to support university teaching operations, administration as well as research of the Carinthia University of Applied Sciencesand to provide content and communication opportunities. The Moodle platform provides teaching materials, discussion forums, and FAQ lists, as well as other individually created teaching materials and activities.

5. ACCESS TO THE PLATFORM

All registered users have access to the Moodle platform. The Carinthia University of Applied Sciences reserves the right to grant access to selected persons external to the university. Users are required to keep the access data secret. Users may not authorize access to their accounts to third parties.
In the event of suspicion of unlawful use of the account by third parties, the user is required to report this immediately to the department of e-learning of the Carinthia University of Applied Sciences and to change the password.
For purposes of communication on the Moodle platform users may only use the individual account provided by the Carinthia University of Applied Sciences.

6. DISCLAIMER AND WARRANTY

The Carinthia University of Applied Sciences cannot be held liable for the information and content provided by the users, in particular not for violations or infringements by the users of these conditions of use or of applicable law.

The Carinthia University of Applied Sciences shall only be held liable for damages caused to or in connection with the hardware or software used by the users as a result of grossly negligent and intentional breaches of duty. This also includes any damage that may arise accidentally or consistently from the download or use of the content. The Carinthia University of Applied Sciences cannot be held responsible for the loss of data. The use of the Moodle platform shall at no time entitle the user to any legal claims against the Carinthia University of Applied Sciences.
The users will at all time indemnify and hold harmless the Carinthia University of Applied Sciences for any damages caused by them and for any claims made against the Carinthia University of Applied Sciences by third parties.
This shall also apply to the costs of possible legal proceedings.
The Carinthia University of Applied Sciences may restrict the use of and access to the Moodle platform in terms of duration and scope. Subject to other agreements there is no legal claim to the continuous availability of Moodle‘s services. Subject to other agreements the Carinthia University of Applied Sciences reserves the right to modify or deactivate Moodle at any time without giving reasons.

7. USE OF THE LEARNING-PLATFORM

Users are responsible and fully liable for all content (data, texts, documents, information, names, graphics, photos, audio and video files as well as hyperlinks) made available by them on the Moodle platform. Users agree to comply with copyrights and personal rights.
Users may not make available any discriminatory, extremist, pornographic, obscene, defamatory, slanderous, insulting, threatening, racist or otherwise punishable content. Furthermore, uploads of content which damage the reputation of the Moodle platform, its users and the Carinthia University of Applied Sciences shall be prohibited. If users find such content, they are obliged to report it directly to the department of e-learning of the Carinthia University of Applied Sciences.
Users may use the content made available on the Moodle platform exclusively for private, non-commercial purposes. Any duplication, publication or making available of the contents which exceeds the right to private copying (e.g. sharing with third parties, making available on other platforms, via social media or cloud services) is in principle excluded. Exceptions only exist if a license regulates otherwise.

7a. Use of the learning-platform for teaching and learning purposes

Users who have been granted access by the lecturer to participate in a course may make content available to the public on the Moodle platform exclusively for teaching purposes. If a user makes his/her own content available on Moodle, she/he does not waive her/his copyrights as a result. Users who make their own content available on Moodle are aware that the content may be reproduced for teaching purposes within the scope of these Conditions of Use and Sec. 42g Austrian Copyright Act.
Every lecturer has the option to digitally accompany her/his courses. The reproduction of copyright protected contents on Moodle is permitted for educational purposes only, i.e. exclusively for didactic purposes and not for commercial purposes or entertainment purposes.
Users may not make available any textbooks or other works which are intended for teaching or educational use in terms of their quality and designation without the consent of the copyright holder pursuant to Sec. 42g para 2 Austrian Copyright Act.
Users guarantee that by using Moodle they are not committing any violations of copyright law - in particular Sec. 42g of the Austrian Copyright Act - and that they are not committing any criminal acts pursuant to Sec. 91 of the Austrian Copyright Act.
The content uploaded to the Moodle platform relating to courses which are subject to § 42g of the Austrian Copyright Act is available as long as there is a legal claim according to § 42g of the Austrian Copyright Act. After the purpose specified in § 42g of the Austrian Copyright Act has ceased to apply, the content is deleted.

7b. Use of the learning-platform for other purposes

The documents made available within the framework of research and administration are protected by copyright. They may not be reproduced, distributed, modified or made available to third parties in any form without the appropriate permission of the author. Any duplication, use or disclosure not expressly authorized is prohibited.

8. SUSPENSION

The Carinthia University of Applied Sciences reserves the right to delete all activities (postings or uploaded content) of users who violate existing laws or the university‘s academic aims at any time without giving reasons and to prosecute users who act illegally necessary. Within the framework of their courses, lecturers are obliged to delete content and postings that violate these conditions of use without giving reasons.
The Carinthia University of Applied Sciences reserves the right to deny users access to the Moodle platform without giving reasons if they violate the conditions of use. The Carinthia University of Applied Sciences may take this action also in the case of justified suspicion of an infringement.

9. ALTERATIONS OF THE CONDITIONS OF USE

The Carinthia University of Applied Sciences reserves the right to modify these conditions of use at any time without giving reasons. The changes are made visible in the text. Users will be informed of any changes to the conditions of use via the e-mail address provided by the Carinthia University of Applied Sciences.
By continuing to use the Moodle platform, the user gives her/his implied consent to the changes. The user is obliged to call up the conditions of use regularly and to take note of them.

10. LEGAL VENUE AND APPLICABLE LAW

The place of jurisdiction shall be the competent court at the seat of the Carinthia University of Applied Sciences.

Austrian law shall apply to the exclusion of the UN Sales Convention.

CONTACT
Carinthia University of Applied Sciences
Europastraße 4, 9524 Villach
info@fh-kaernten.at
+43 5 90500-0