Tube Terms of Use

TUbe, the video portal of the Vienna University of Technology (TUW)

Attention: ALL CONTENT PUBLISHED HERE IS SUBJECT TO THE COPYRIGHT LAW!

1. General

   The TUW Video Portal is provided to enable users to publish media. By placing an electronic check mark when logging in for the first time, users accept these Terms of Use. As the video portal operator, TUW is entitled to unilaterally amend these Terms of Use at any time and also reserves the right to make such amendments. If changes are made, users will be prompted again at the next login to place an electronic checkmark in order to accept the amended Terms of Use. The Terms of Use are always valid in the current version.

2. definitions of terms

   • Members of the TUW: All active employees and students with an active upTUdate account.
   • Media: videos, audios, photos, PDFs, PowerPoint presentations
   • User: All people who use the video portal in any way.
   • Publishing Policy or Location: a specific set of permissions associated with the uploaded media.
   • Manage media: edit the category, metadata, create playlists, chapters.

   Purposes of publication

   Media may be published exclusively for the following (conclusively described) purposes:

   • a) Presentation of research projects and research results
   • b) Presentation of student work and results
   • c) Promotion of the activities of the TUW
   • d) Information from members of the TUW
   • e) Teaching support
   • f) Support the tasks and services of the university administration as well as the university library.

   It is possible to make media accessible only to a restricted group of users or to publish media without restrictions.

   • Use of the video portal

     • a) Video portal login

       The login to the video portal is done with the personal upTUdate account or for students with the TUW email address and the corresponding password.

     • b) Users of the video portal are classified into the following user roles:
       • TUW Member: Students at TUW (with login) with read-only authorisation
       • TUW Staff Editor: All TUW staff members (with login) with upload permission A TUW editor can only upload TUW members according to the internal publishing policy. TUW editors cannot create publicly accessible links to videos and do not receive full iframe embed code to embed videos on external pages.
       • TUW Publisher:Members of TUW (with login) with upload permission, administration, deletion, publication and release permission. Users of this role can be defined via TUgroups. Furthermore, permissions for this role are only granted by admins. Before granting this authorization, it must be ensured by means of prior mandatory training that the authorized persons have the necessary knowledge for the publication of media (in particular copyright & related rights).
       • Site Admins members of the TUW with access to all media with the ability to manage them.
       • Global Admins: TUW members with access to all media with the ability to manage them as well as make all settings in the video portal.

   • Publications from Media

     • a) Basic

       Media upload and management requires membership in role TUW Staff Editor or higher.

       "Own media" are media for which the user is the author or media for which the user demonstrably holds rights of use to an extent sufficient for the specific purpose of use. Under no circumstances may the use or uploading of these media violate legal regulations, such as the Data Protection Act or the EU Data Protection Regulation, or copyright law (including the "right to one's own image").

     • b) Members of the TUW Staff Editor role are allowed the following:
       • Make your own media visible only to yourself (publication status "Private - the medium can only be viewed by yourself").
       • Publishing own media in such a way that only members of the TUW can view these media (Publishing Policy TUW Members).
       • Adding your own media to coLAB, TU Wiki or the TYPO3 website, provided that the necessary permissions are available on these platforms.
     • c) Members of the TUW Publisher role are allowed the following:
       • Exercise all authorizations of the TUW Staff Editor role.
       • Release requests for automated transcription and other AI-powered services.
       • Publish your own media in such a way that it can be viewed by anyone without registration.

3. copyright - upload

   • a) All content published on the TUW video portal must be checked for copyright compatibility by the uploading persons before publication.
   • b) By making the upload, the uploading person agrees that the medium concerned appears on the video portal and can be viewed by other users. The uploading person is responsible for the selection or restriction of the authorized users.
   • c) It is not permitted to upload media to which the uploading person does not own the rights. If the uploading person is not the author, the author must explicitly authorize the uploading person (in writing) to upload.

4. Deleting media

   Deletion from the video portal must be performed by the respective authorized persons. After deletion, the media is no longer available on the video portal. However, it is still possible to request a restoration of the media from the site admin for one month. After this period, deleted media will be permanently deleted. In addition, there is an option to define an expiration date on which the respective recording is automatically deleted.

   It is the responsibility of the person leaving TUW to delete media that was not created as part of the employment relationship from the video portal in a timely manner. It should be noted that after deletion of the upTUdate account, it is no longer possible to assign the authorized person to the media and thus to delete the media.

5. rights and duties of users

   Users may only use the video portal in accordance with these terms of use.

   The following obligations are imposed on users:

   • To observe the terms of use at all times of their use of the video portal
   • refrain from actions that disrupt the proper operation of the application.
   • To use the portal exclusively with your own login data.
   • To protect national and international copyrights, trademark rights, patent rights, name rights and labeling rights as well as other industrial property rights and personal rights of third parties when using the video portal.

   Inadmissible:

   • The disclosure of login data to others and the use of login data of third parties
   • Uploading or distributing media that violates legal provisions such as, among others, criminal law, data protection law, copyright law, trademark law, patent law
   • Uploading offensive content
   • Uploading media to which the uploading person does not own the rights.
   • The distribution of uploaded media that are only visible via a private link or only for logged-in users. Exception: After explicit consent by the uploading person or the originator

6. reporting process of alleged illegal content

   If TUW receives any information that illegal content has been published on the video portal, the procedure is as follows:

   • The affected media will be blocked immediately by TUW until the final clarification of the situation.
   • The person who has published the medium shall be notified thereof. Within three days the person is allowed to exchange the medium, delete it or give an opinion on the legal conformity of the use of the medium
   • Until the final legally binding clarification of the facts, the medium will no longer be displayed on the video portal

7. blocking users

   TUW reserves the right to exclude users who violate these terms of use or laws from using the video portal at any time.

8. Liability of the users

   Unless otherwise provided by law, Users shall be liable to TUW and also to any legal or natural person ("Third Party") for any unlawful use of the Video Portal and for any damages incurred by TUW or any Third Party due to any violation of law for which Users are responsible. Users shall indemnify TUW within the scope of statutory provisions against all claims if TUW is held liable by third parties for damages, injunctive relief or in any other way due to abusive or illegal conduct by Users. TUW will notify users of the dispute if third parties take action against TUW out of court or in court.

9. Availability

   TUW endeavors to ensure that the availability of the video portal is as uninterrupted as possible. However, there is no claim to uninterrupted availability. In addition, the TUW reserves the right to temporarily limit the availability of the video portal to individual areas and functionalities or to suspend it entirely. This may be necessary in view of capacity limits, the security or integrity of the servers or in order to carry out technical measures, as well as for the proper or improved provision of services (e.g. "updates" or "maintenance work"). The TUW strives to keep these periods as short as possible, so that a high availability of the video portal is given.

10. Liability of the TUW

    • a) TUW does not assume any liability for an uninterrupted, permanent and error-free operation of the video portal.
    • b) In the event of unauthorized access by third parties to confidential media outside the TUW's area of responsibility, the TUW also accepts no liability for this.
    • c) 3. Furthermore, any liability of TUW in its area of responsibility for slight negligence - as far as legally permissible - is excluded entirely. In case of intent or gross negligence, the liability of TUW in its area of responsibility is limited to typical, foreseeable damages. Labor law and employment contract provisions concerning employees of the TUW remain unaffected and take precedence in the event of conflicts with the Terms of Use.

11. Data protection

    Please note our privacy policy at www...

12. Final provisions

    • a) Should individual provisions of these Terms of Use be or become invalid or void, this shall not affect the validity of the remaining provisions of these Terms of Use.
    • b) The law of the Republic of Austria shall apply exclusively to the exclusion of all conflict of law provisions.
    • c) The place of jurisdiction and performance is Vienna.
    • c) Status: April 2023