Terms of Use

1. Preamble

   Data Literacy Alliance (DALIA) is a web-based platform that enables teaching and learning resources (TLRs) provided by third-party providers to be described with (meta)data in DALIA, as well as to search for these TLRs and view their metadata. DALIA is developed and operated at RWTH Aachen University.

   No TLRs are hosted on the DALIA platform itself. DALIA uses web links to external storage systems from third-party providers with which DALIA is not affiliated; DALIA assumes no responsibility for the content and security of external offerings.

   When using DALIA, personal data about users is generated, which the operator processes responsibly in accordance with the terms of use and the privacy policy.

   Users can also store personal data about themselves or third parties as metadata about teaching and learning resources (TLRs) in DALIA. Responsibility for this data remains with the users who provided the data. The operators are responsible for the technical integrity and protection against unauthorized technical access to the data during the operation of the systems.

   Contracting parties

   The following user agreement is concluded between you and the operator of DALIA, RWTH Aachen University. RWTH Aachen University is represented by its Rector.

   Address:
   Rector of RWTH Aachen University
   Templergraben 55
   52062 Aachen (home address)
   52056 Aachen (postal address)
   Phone: +49 241 80 1
   Fax: +49 241 80 92312

   Definitions

   • DALIA operator: RWTH Aachen University
   • DALIA: Data Literacy Alliance
   • TLR: Teaching and learning resources are represented in DALIA as a collection of various metadata, including author, title, and description metadata, in electronic form.
   • Curator: Registered users with write, edit, and delete rights to TLR metadata. They can create and modify TLRs in DALIA.
   • Curation process: The entry and modification of individual metadata, as well as the creation of a new TLR containing a set of metadata, in DALIA.
   • Metadata: Descriptive information about TLRs based on DALIA's metadata schema, including titles, authors, competency requirements, descriptive text, and license.
   • General user profile: Contains information about users' personal data and other individual aspects, such as intended usage behavior and learning preferences.
   • Community data: Metadata, descriptions, and images of institutions and groups registered in DALIA.
   • Community roles: User roles in the hierarchical administrative structure of DALIA communities. Includes "Community Admin," "Community Moderator," "Community Member," and "Community Follower."
2. The following requirements must be met in order to use the DALIA services:

   The following Terms of Use describe the general conditions for using the DALIA service for individuals. Any terms of use of referenced third-party resources that may extend beyond the provisions of this document remain unaffected. Users may terminate their use of the service at any time without giving reasons. Deadlines for deleting user and content data, even after the end of use, are set out in the specifications of the Privacy Policy.

   § 1 Cost

   1. Use of DALIA is free of charge; there is no legal right to registration or use.
   2. If third-party resources are subject to fees, these costs must be borne by the users themselves.

   § 2 Obligations of users

   1. Users are obligated to treat their credentials confidentially and protect it from access by third parties.
   2. In the event of any potential misuse of their credentials, users must inform the operator immediately. They are also responsible for the consequences of such misuse if it is proven that the user has not taken sufficient measures to keep the access data confidential.
   3. Users may not take any measures that could disrupt the functionality of DALIA or interfere with its availability. In the event of a violation, the users' access authorizations will be blocked.
   4. Users are responsible for the metadata they curate. Since the metadata can be changed in subsequent versions by third parties, this responsibility only applies to their own data entry.
   5. Before entering metadata into TLR, users are required to check that the terms of use and privacy policy of the third-party providers where the resources are stored permit this.
   6. Should the referenced resources contain criminally relevant content or infringe the intellectual property rights of third parties, these references will be deleted immediately and the user will be excluded from using DALIA until the matter has been fully clarified.

   § 3 Rights of use and inspection of stored data

   1. By using DALIA and entering data, users grant the operator the right to store and process their user data and metadata relating to TLR stored in DALIA, and to access them under the conditions set out in paragraphs 2 to 7.
   2. Users grant DALIA and DALIA curators appointed by DALIA the right to inspect, supplement, and amend submitted metadata relating to TLR.
   3. The submitted metadata relating to TLR, which is inserted via the interfaces provided by DALIA, will be stored for as long as necessary to ensure traceability of misuse and to comply with good scientific practice.
   4. The metadata relating to TLR stored by users in DALIA may be publicly viewed by all DALIA users.
   5. All metadata relating to TLR that users enter in DALIA can be freely reused and is published under a CC0 license.
   6. The user data stored by users in DALIA may be viewed and modified by the operator DALIA in order to process support requests from users (e.g., removing errors or content that violates the terms of use).
   7. Log data (e.g., user profiles) related to curation processes are stored for as long as necessary to ensure traceability of documentation processes.
   8. User data submitted by users is stored for up to 10 years after the end of the project, unless the user agreement is terminated.
   9. Search queries performed by users are stored anonymously (cache) to improve the performance of future searches.
   10. Data stored by users in DALIA may be viewed by the operator DALIA or third parties commissioned by them if this is necessary to ensure the smooth operation of DALIA.
   11. Existing usage rights and copyrights to the stored or shared information remain unaffected. Users affirm that they hold the necessary rights for this purpose and that the content is legal. Users undertake to respect the rights of third parties (name, personality, copyright, usage, data protection, etc.

   § 4 Liability

   1. The operator DALIA is liable without limitation for injury to life, limb, or health caused by intent or gross negligence.
   2. In the event of a slightly negligent breach of an obligation that is essential to achieving the contractual purpose (cardinal obligation), the operator's liability is limited to the amount of damage that is foreseeable and typical for the type of transaction in question.
   3. The operator is not liable for user content, including links to third-party websites provided by users.
   4. The operator is not liable for unauthorized access.
   5. The operator assumes no further liability.
   6. The above limitation of liability also applies to the personal liability of the operator's employees, representatives, and bodies.
   7. Users are responsible for the data they process in the service. They are liable for all damages arising from or in connection with the storage of data in DALIA and which are not attributable to gross negligence or intentional conduct on the part of the operator. Users indemnify the operator against all claims for damages from third parties arising in this connection. Section 5, Paragraph 7, Sentences 2 and 3 do not apply to the use of the service by employees of the operator for business purposes. In this case, the general liability provisions apply.
   8. The operator DALIA is not liable for loss of data resulting from damages, which includes, among other things, metadata on TLRs, general user profiles, reviews, and community data.

   § 5 Availability

   1. DALIA cannot be guaranteed or offered at all times to be uninterrupted and/or unrestricted. Maintenance work or security issues, as well as force majeure and events beyond the control of the operator, may lead to disruptions or a temporary suspension of the service.
   2. The operator also reserves the right to discontinue the service for operational reasons.

   § 6 Data protection

   1. In DALIA, personal data is processed in accordance with the privacy policy.
   2. If personal data of third parties is stored in DALIA and the integrated storage systems, users, as the responsible party within the meaning of the GDPR, must ensure that the data processing complies with applicable data protection law. Users must ensure that third parties, as defined in B I. 2., are also obligated to comply with data protection law. This applies in particular to the storage of particularly sensitive data within the meaning of Art. 9 GDPR.

   § 7 Miscellaneous

   1. Amendments and additions to this agreement must be made in writing unless otherwise agreed. There are no oral ancillary agreements.
   2. The Users' general terms and conditions do not apply.
   3. This agreement is governed by German law.
   4. The place of performance is Aachen. The exclusive place of jurisdiction is Aachen, provided that each party is a merchant or a legal entity under public law or does not have a general place of jurisdiction in Germany.
   5. Should individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid provision with a valid provision that most closely approximates the economic meaning of the invalid provision.