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Terms of use for the PUMAS ASC Community

Status as of: 1. July 2015

Preamble

The PUMAS ASC community aims at bringing together stakeholders in mobility planning projects in the Alps. It was created in the research project PUMAS, which is financed under the EU programme INTERREG (project duration: July 2012 to June 2015). To achieve this goal information on sustainable transport development projects can be collected in the PUMAS ASC community. Community members can also jointly develop new projects. In addition, the parties can inform and exchange good practice knowledge for transport planning.

In addition to a shared information space for knowledge in the field of transport planning, the community provides virtual workspaces for groups and support for social networking. For this purpose, user profiles can be created, groups can be formed, information on organizations can be presented, and messages can be exchanged. Selected user-provided content can be publicly provided to interested parties.

During the project, the PUMAS ASC community infrastructure was operated by the Chair of Cooperative Systems of the FernUniversität in Hagen. The City of Venice was responsible for the content. Since the project ended the community is operated by Urban Planning Institute of the Republic of Slovenia. More details and contact information can be found in the imprint.

§ 1: Scope and definitions

(1) The following TERMS OF USE for using this website apply to the relationship between the users and the relationship between users and the operators of the PUMAS ASC community. The contributing use of the PUMAS ASC community is only permitted by the individual users if they agree to these TERMS OF USE before.

(2) The following definitions apply:
COMMUNITY is used as an abbreviation of the name PUMAS ASC Community. The COMMUNITY is the community of MEMBERS and the content they produce using a common internet platform.
PROVIDER of the COMMUNITY is since the end of PUMAS project Urban Planning Institute of the Republic of Slovenia (during the project lifetime the City of Venice as project coordinator of the PUMAS consortium). The content of the COMMUNITY is since the end of PUMAS project moderated by Urban Planning Institute of the Republic of Slovenia who has suitable administration rights for task (during the project lifetime the City of Venice). The technical provision of the service is done by Urban Planning Institute of the Republic of Slovenia (during the project lifetime The Chair of Cooperative Systems of the FernUniversität in Hagen). Contact details can be found in the Imprint.
USERS are both MEMBERS of the COMMUNITY and unregistered visitors to the COMMUNITY.
MEMBERS are USERS of the COMMUNITY who have completed a registration process as outlined in these terms of use.
VISITORS are unregistered users of the COMMUNITY who have read access to public content.


§ 2: Registration, Participation, and Membership in the COMMUNITY

(1) Prerequisite for a COMMUNITY membership is the prior registration. A USER can become a MEMBER of the COMMUNITY by requesting access to the COMMUNITY respecting these TERMS OF USE and activating his/her account by confirming his/her e-mail-address.

(2) Upon registration, the MEMBER must provide his real name, a valid e-mail address, and a secure password. Pseudonyms are not permitted and may result in exclusion from the COMMUNITY.

(3) There is no legal right for membership.

(4) The MEMBER may not pass his account on to a third party. The MEMBER is obliged to keep his account information confidential and to protect it against access by third parties.


§ 3: Services of the Provider


(1) The provider permits the MEMBER to publish contributions in the COMMUNITY according to these TERMS OF USE. For that purpose, the provider provides the MEMBERS with free tools for creating and sharing of contributions (in the range of the provider's technical and economic potential).

(2) The provider strives to keep its services available. The provider accepts no further service obligations. In particular, there is no guarantee of the constant availability of the service.

(3) The provider does not warrant the accuracy, completeness, reliability, timeliness, and usefulness of the information provided.

(4) After editorial review through the project coordinator, selected contributions can be made available for unregistered USERS. Before making a contribution public, the project coordinator informs the contributing MEMBER about the plans for making the contribution public. After the MEMBER agrees to the publication of his/her content, the project coordinator may publish the contribution.

(5) The community system regularly informs MEMBERS about changes affecting them in the Community. MEMBERS can disable this service on request.


§ 4: Disclaimer

(1) Claims for any damage are excluded, unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the USERS assert claims against them.

(2) The provider expressly dissociates itself from the contributions made by the MEMBERS and takes no liability for illegal content.

(3) If the USERS contact each other through the COMMUNITY and enter into contracts with each other, the provider is not involved and is therefore not a party.


§ 5: Duties of the USERS

(1) The USERS agree to the provider not to publish contributions that violate the law or common decency. The USER is particularly obliged not to publish any contributions where
  • the publication is a criminal offense or is a misdemeanor,
  • the contributions violate copyrights, trademarks or the competition law,
  • the contributions violate the Legal Services Act,
  • the contributions have offensive, racist, discriminatory or pornographic content, or
  • the contributions include advertising.

(2) In case of a violation of the obligation under (1), the provider is entitled to amend the relevant contributions or delete and block the MEMBER's account. If the provider receives notice of defamatory content, the provider gives interested parties the opportunity to comment within a reasonable time. If no opinion is delivered, the provider may delete the content. The MEMBER is obliged to pay the provider for any damages caused by the breach of duty.

(3) The provider has the right to delete posts and content if they might contain a violation.

(4) The provider is entitled to exemption against the MEMBER from third party claims were asserted for infringement of a law by the MEMBER. The MEMBER is obliged to assist the provider in the defense of such claims. The MEMBER is also obliged to bear the costs of reasonable legal defense of the provider.


§ 6: Transfer of rights and deletion of content

(1) The copyright for the contributions remains with the contributing MEMBER or in case of multiple participating members with the participating members. The MEMBER or the members provide(s) the PROVIDER with the a non-exclusive spatially and temporally unlimited right of use within the COMMUNITY and associated electronic and other media as well as for scientific works in the context of the PUMAS project.

(2) The Provider has the right to move contributions within the COMMUNITY and connect contributions to other content.

(3) Each Member may request the deletion of their contributions. For this purpose he uses the specified the e-mail address of the project coordinator (see the Imprint). Alternatively, the MEMBER can contact the project coordinator by mail.

(4) If several MEMBERS contributed to the contribution, all involved authors aim at creating an agreement prior to the deletion by MEMBERS in the sense of (3). There is no technical support for this. As soon as the deletion is requested, the PROVIDER assumes that the agreement has been reached among the contributing MEMBERS.


§ 7: Privacy Policy

(1) For the provision of the service, the provider stores the personal data of registered MEMBERS. These are name and e-mail-address as well as voluntary profile data such as address, organizational affiliation, picture. In addition, authorship relations for contributions, friendships, reviews, and group membership information are stored. Except the e-mail address, the provided data is visible for registered MEMBERS. The contributions of the MEMBERS and information on authorship are visible according to § 3. On termination of the membership, all personal data is deleted. Contributions of the MEMBER and information on authorship remain available according to the regulations of §8.

(2) Passwords are also linked to a MEMBER's account. They are encrypted before they are stored.

(3) IP-Addresses of USERS, the time of the visit and the IDs of the visited pages are tracked and stored. On termination of the current session, this log data will be stored for seven days for the reason of error tracking and security analysis.


§ 8: Termination of Membership

(1) The MEMBER may terminate its membership by an appropriate notice to the PROVIDER without observing any period of time.

(2) The PROVIDER is entitled to terminate the membership of a MEMBER by giving notice of 2 weeks before the end of the month.

(3) For an important reason, the PROVIDER is authorized to terminate the MEMBER's account and immediately terminate membership without any notice.

(4) The PROVIDER is entitled to block the of MEMBER's account once the membership has ended. The provider is entitled but except of cases defined in §6(3) not obliged, to delete content created by the MEMBER in the event of termination of membership. MEMBER-created content may be used in accordance with the rights stated in § 6 even after the end of the membership.

(5) Should a MEMBER not want their contributions to be used as outlined in paragraph 4 after leaving, the MEMBER may erase his own contributions before terminating the membership.


§ 9: Change or termination of the service

(1) The provider is entitled to make changes to its service. In case of changes to the TERMS OF SERVICE, the provider will notify the MEMBERS electronically.

(2) The MEMBER may terminate his/her membership because of the changes in writing or via e-mail within a period of 2 weeks. The changes are considered as accepted by the MEMBER unless the MEMBER terminates his/her membership.

(3) The provider is entitled to terminate his service by serving a notice period of 2 weeks. In case of termination of his service, the provider will delete all data provided by the USERS. The PROVIDER remains the right to continue using the user-generated content in compliance with the rights given in §6(1).


§ 10: Final Regulations

(1) The contractual relationship outlined in these TERMS OF USE between the provider and the USERS follow the laws of the Republic of Slovenia.

(2) Jurisdiction for all disputes is Supreme Court in Ljubljana, Slovenia.

(3) Should individual regulations of these TERMS AND CONDITIONS are or become invalid, the validity of the remaining regulations shall not be affected. The contracting parties agree to replace the invalid regulation with a valid regulation which meets the intended purpose of the invalid regulation as closely as possible. This applies accordingly to contractual loopholes.


References for TERMS OF USE

The above terms and conditions are an adaptation of the TERMS OF USE template that was provided on the following website for free use: Nutzungsbedingungen Internet-Forum | betriebsrat-forum.org