Terms and Conditions for Use of the Siemens Stiftung Media Portal
Use of the Media Portal with media under a Creative Commons license is governed by the General Terms and Conditions for Use of the Siemens Stiftung Website, the applicable Creative Commons terms and conditions, and the following Special Terms and Conditions for Use of the Media Portal (the “Use Agreement”). Additionally, Media Portal users have the option of registering to use further Media Portal functions (web-based training, convenience functions for media searches such as bookmark lists or a newsletter). If you wish to access these additional functions, please note the rules under “Registration, Password.”
On its Media Portal, the Siemens Stiftung provides digital teaching materials at no charge for the general public, especially for educational institutions and for teaching professionals such as childcare and youth workers, students preparing for teaching positions, instructors, lecturers and vocational trainers, whether employed at educational institutions or working in volunteer positions in education.
2 Registration, Password
2.1 You need to register only if you wish to use the additional functions available on the Media Portal.
2.2 The Siemens Stiftung reserves the right to revoke your access to the additional functions of the Media Portal and to block your account at any time, without stating reasons. Particular reasons for blocking an account include
- if you have given false information when registering,
- if you violate this Use Agreement, or your duties of due care, in handling the data you access,
- if you violate applicable laws in accessing or using the Siemens Stiftung Media Portal, or
- if you have not used the Siemens Stiftung Media Portal for a considerable length of time.
2.3 After you register, a message will appear confirming your registration, your user name and your password (the “Access Data”). Once you have used the password that the Siemens Stiftung sends you to log in to your “Account settings” for the first time, you should change the password to a different password that only you know.
2.4 You can view and revise your Access Data, as well as any other user data you provided during registration, in your “Account settings” at any time.
2.5 Make sure no one else is able to get your Access Data. You will be legally responsible for all activities that take place using your Access Data. For that reason, be sure to log out of the Media Portal after each use by clicking the “Log out” button.
2.6 If you discover that someone else has been using your Access Data without authorization, you must promptly notify the Siemens Stiftung via email. After the Siemens Stiftung receives your message, the password-protected area will no longer be accessible using your Access Data.
2.7 You can ask for your account to be closed at any time after you register. Please email us a request to close the account, including your name, address, and email address, at: firstname.lastname@example.org. We will then cancel your registration and delete all data associated with your account, except in those cases where the law requires us to retain information, for example under the tax laws. You will no longer be able to access the closed area of the Media Portal after your registration is canceled.
3 Rights of Use
3.1 Unless indicated otherwise, the media provided on the Media Portal are covered by Creative Commons License CC BY-SA, Version 4.0 international. You can find the exact wording of this license at https://creativecommons.org/licenses/by-sa/4.0/legalcode.
3.2 Your right of use under a Creative Commons License CC BY-SA, Version 4.0 international includes rights to
- share the materials – i.e., to reproduce and distribute the materials in any format or medium
- edit the materials – i.e., remix and change the materials for any desired purpose,
- Attribution – you must provide the appropriate notices of copyright and other rights, include a link to the license, and indicate whether changes have been made. You may provide this information in any reasonable manner, but not in any way that suggests the licensor particularly endorses you or your use of the materials.
- Sharing further under the same terms – if you remix, transform, or build further on the materials, you may distribute your contributions only under the same licensing terms as the original.
- No additional restrictions – you cannot apply additional legal terms or technological measures that legally restrict others from doing anything that the license permits (source of this summary: https://creativecommons.org/licenses/by-sa/4.0/deed.en).
Details on the rights of use for the media provided on the Media Portal can be found in the license terms that are available and downloadable for each medium. You can find out more about using OERs on the Media Portal at “Good Things to Know about OERs” and “FAQs about Using Media.”
3.3 Any use restrictions that proceed from the license terms do not apply to those parts of the material that are in the public domain, or where use is permitted by an exception or limitation of copyright.
3.4 The additional information supplied for the individual media (metadata such as short summaries, descriptions, and information about various forms of copyright) is likewise available to the general public under a Creative Commons License CC BY-SA, Version 4.0 international.
3.5 Any abuse of the educational materials and additional information may have consequences under criminal or civil law.
3.6 If the Siemens Stiftung so requests, you must provide information to the Siemens Stiftung about how you use the educational materials you downloaded from the Media Portal.
4 Software Notice
If software is available for downloading on the Media Portal of the Siemens Stiftung and is covered by a separate license, the software may be used only subject to the terms of that license. That license has no effect on the terms of this Use Agreement.
5 Liability Exclusion; Warranty
5.1 The rights of use under Item 3 above and all other services and materials furnished by the Siemens Stiftung under this Use Agreement are provided at no charge.
5.2 In connection with the use of the Media Portal and the performance of this Use Agreement, the Siemens Stiftung will be liable only
- for willful misconduct and gross negligence on the part of the Siemens Stiftung, its legal representatives and its vicarious agents,
- in any other case in which liability is prescribed by mandatory law, e.g., without limitation, in the event of an injury to life, limb or health, or under the German Product Liability Act.
The Siemens Stiftung will not be subject to any further liability.
5.3 There can be no further claims for legal and material defects in the media and other services or materials furnished by the Siemens Stiftung through the Media Portal, other than in the event of deliberate deception. In particular, the Siemens Stiftung does not warrant that the media furnished on the Media Portal, or the contents of those media and the information they contain, are correct, complete and/or usable.
5.4 The provisions of Items 5.2 and 5.3 above do not constitute a change in the burden of proof to your detriment.
5.5 Although the Siemens Stiftung constantly endeavors to keep the Media Portal and the media it contains free from viruses, the Siemens Stiftung does not warrant that they are virus-free. For your own protection and to prevent viruses on the Siemens Stiftung Media Portal, before downloading media you should arrange for your own security precautions and virus scanners.
6.1 German law applies.
6.2 If any point of this Use Agreement is found to be legally invalid, the remainder will remain valid and binding.