User Concept and Terms of Use for Phaidra

User Concept and Terms of Use for PHAIDRA

A) Scope

The following Terms of Use govern your use of the Phaidra repository.

B) User Concept

I. General information about the User Concept

The functions of Phaidra generally extend over three levels: Administrator, Owning User and Anonymous User. The regular operation of Phaedra is optimized and extended by two further user levels, namely the Super User and the Instructed User levels.
The scope of the access rights of a user depends on the level at which he/she operates.
All users, except for the Anonymous User, are Users within the meaning of the Terms of Use (cf.: Terms of Use).

II. Administrator, Owning User und Anonymous User, objects in Institutional Repository

The Administrator has unrestricted access rights, such as reading, manipulation, modification and write permissions on all objects stored in Phaedra, and in turn as a supervisor assigns rights as well.
The Owning user has unrestricted access rights - such as reading, manipulation, modification and write permissions - only to his own objects uploaded by him.
The Institutional Repository also enables each Owning user to make his own objects available in the "u:scholar" Institutional Repository. For this purpose, the central editorial team of u:scholar will put to review the objects and metadata in terms of formal compliance with u:cholar Policy and, where appropriate, make public via u:cholar. This requires that the Owning User transfer his access rights to the Institutional Repository. If the object does not meet the requirements of u:scholar, the access rights revert back to the Owning User. Otherwise, the access rights remain with the Institutional Repository. The original Owning User is entitled at any time to withdraw his object from the u:scholar viewing area, thereby regaining his access rights, and to change the metadata.
The Anonymous user has read access only within the limits of the rights issued to third parties by the configuring user when uploading the corresponding media object, and the access option selected by the configuring user.

III. The Super User level

The Super User level enables individual entities within the university, such as service organizations, institutes and others, to manage digital objects in Phaidra themselves by one or more Super Users, and to manage the Instructed User assigned to them.
Super Users are to be selected by the director of the corresponding entity, and Phaidra Administration is to be notified of this selection. These persons will be made familiar with the system by way of training, and granted ample access, read, manipulation, modification and write permissions. The Super Users are entitled to independently and completely manage their entities’ objects that are saved, and to be saved, in Phaidra. The Super User is bound to follow the instructions of the director of the corresponding entity. The Super User’s activities will be monitored by the director. Changing of Owning Users’ objects by Super Users or Instructed Users require the prior approval of the Owning User. The Super User can partially transfer his rights to other employees within the corresponding organizational unit and entrust this employee with the partial management of objects. This requires the approval of the director of the corresponding entity.
Instructed Users are bound to follow the instructions of Super Users and the director of the corresponding entity. The Super User ensures that the Instructed Users subordinate to him are familiar with the functions of Phaidra and monitors the Instructed Users’ activities.
The director of the corresponding entity is to ensure that the Super Users as well as the Instructed Users are familiar with the Phaidra User Concept and that they adhere to the Phaidra Terms of Use, in particular that they only access objects that have been assigned to the corresponding entity, and that they conduct themselves according to their work assignment.

C) Terms of Use

I. Service description

Phaidra is a digital asset management system at the University of Vienna (service provider) that enables the digital storage, management and permanent archiving of media objects, in particular graphic, text, video and audio files from research, teaching and science. Media objects can be uploaded by logged-in users. In addition, digital objects, in particular metadata within the scope of an automated process in Phaidra can also be stored.
The service provider makes capacity available, at no charge, for the storage of media objects on a server connected to the Internet. The service provider plans to receive sets of data and to work against data loss. The service provider also ensures archiving and availability of the data stored by service provider for a period of at least five years from the time of storage. Furthermore, the services of the service provider are carried out with no warranty, especially in regards to availability and duration.
In the case that an important, unavoidable reason results in the cessation of service, the service provider is obligated to return any received media objects to the user who uploaded them to the fullest extent within service provider’s capabilities, along with any digital copies made upon request.
The uploaded media objects may be seen and used by Phaidra visitors within the limits of the rights issued to third parties by the user when configuring the corresponding media object, and the access option selected by the configuring user (personal access, group or general access).

The media objects stored in Phaidra can be found by search engines such as Google especially due to their metadata.
When a user uploads a media object, as a matter of principle that user cannot request its deletion, unless that user has a sufficient reason to prove that the serious reason cannot be redressed by blocking the object. Sufficient reason is to be assumed when one of the cases in point V. exists.

II. Validity

Login requires the user to possess a Mailbox or U:net accounts from the University of Vienna. By logging in with a Mailbox or U:net account, the user accepts the validity of these Terms of Use for all users that upload objects, information and works. Regarding duration, these Terms of Use are valid as long as the service provider exists and the Terms of Use have not been changed by service provider, who reserves the right to change these Terms of Use at any time. Subsequent changes are made known by the service provider on this website.

III. Data collection, processing and use

The user has provided the service provider with personal data (inventory data: last name, first name, date of birth, address) upon setup of user’s Mailbox or U:net account. The user ensures that this data is correct, up-to-date and complete, and agrees irrevocably to the collection, processing and use of data by the service provider, provided that the collection, processing and use of such data is covered by the purpose of the user relationship set out here. The user has the right of access, rectification, deletion or blocking of their personal data.
If the E-Commerce Act shall apply to this service, the service provider hereby informs the user that he may be obliged as a service provider according to § 18 ECG, due to the directive of a legally authorized domestic court, to transmit to that court all information with which the users of this service can be identified for prevention, investigation, detection or prosecution; due to the directive of an administrative authority to transmit the name and addresses of the users of his service, as long as the knowledge of this information constitutes an essential requirement for the exercise of the authority delegated to this authority, or the name and address of a user of their service if demanded by third parties, provided that they have predominantly legal interest in the determination of the identity of a user and a can also demonstrate that the knowledge of this information is an essential condition for bringing proceedings.
With respect to the employees of the University of Vienna, provisions of the employment agreements remain intact.

IV. Exclusion of responsibility of the service provider for external objects and information

The media objects and information stored and provided by the service provider, as well as the linked websites, do not originate from the service provider. The service provider collects and makes them available only on behalf of the user. The service provider does not adopt these and distances itself from their contents regardless of its concrete configuration. If the user is not subordinate to the service provider or supervised by the service provider, then the service provider is not responsible for the objects selected by the user and is not responsible for other contents and activities of the user.

V. No monitoring of external media objects and information

The service provider does not view, control or monitor the media objects and information stored by the service provider with regard to legality, whether before or after its being posted online. There is no check with regard to the intellectual property situation, in particular as regards eligibility for protection and rights ownership. The service provider does not on its own initiative initiate research of circumstances that might indicate illegal activity. Should the service providers obtain actual knowledge about any illegal activity or information or media objects on its website, or if the service provider is made aware of circumstances from which illegal activity or information or the illegality of a media object becomes obvious, he is entitled to immediately remove it with no further ado, and to block access to it. Similarly, the service provider is entitled to delete or remove media objects or data that can damage the database of the service.

VI. Obligation of users to lawful conduct

The user assures that he behaves in a legally acceptable manner when using the services of the service provider, in particular to not pursue any unlawful purposes, no copyright infringement, to not infringe on personal rights and to not disseminate discriminatory, extremist and pornographic media objects and information.

The user agrees to indemnify the provider upon request from all claims by third parties against the service provider for culpability for illegal objects introduced, whether negligently or intentionally.

With respect to the employees of the University of Vienna, provisions of the employment agreements remain intact.

VII. Patent rights

The user assures that he is the owner of the exploitation rights of the media objects uploaded by him and shall be entitled to grant to the service provider the rights of use listed below, or that he is entitled by virtue of a statutory provision to upload the media object in question.

To the extent that is necessary for the realization of the access option selected by the user in accordance with Article I of these Terms of Use and for the realization of making the uploaded media objects available within the scope of the license chosen by the user, the user grants the service provider the free, non-exclusive, temporally and spatially unlimited right to use any of the service provider’s media objects, wholly or in part, in particular to copy, publish, distribute, send, archive or provide via public wire or wirelessly, to edit, particularly to make changes to the media object that are necessary for technical reasons or with regard to the requirements of long-term archiving. Similarly, the user shall provide the service provider those rights arising from future technological development or by changing legislation.

The user agrees to indemnify the provider upon request from all claims by third parties against the service provider for culpability for uploaded objects introduced, whether negligently or intentionally. With respect to the employees of the University of Vienna, provisions of the employment agreements remain intact.

VIII. Cookies / Login Details / Helpdesk

The Phaidra software sets at every page visit a temporary session cookie, which is deleted when the user ends his browser session. The service provider records every page visit in the web-server log files. The log files are used by the service provider’s system administrator, in particular for error analysis, bibliometric analysis, download statistics, etc., and used to optimize the system. The use of log files is carried out exclusively according to their anonymization.

The service provider reserves the right to document the content and course of queries addressed to the Helpdesk in order to optimize the service. With respect to the employees of the University of Vienna, provisions of the employment agreements remain intact.