Terms of use OER-Portal Lower Saxony twillo

The OER-Portal Niedersachsen is an online platform for the open exchange of free educational materials - Open Educational Resources - (hereinafter referred to as "OER") in teaching, which is operated by TIB - Leibniz Information Centre for Science and Technology, Welfengarten 1B, 30167 Hannover (hereinafter referred to as "TIB").

1. These Terms of Use govern the use of OER on the platform as well as the rights and obligations of registered users and the TIB.
2. The portal is primarily aimed at lecturers at German/Lower Saxony universities who want to share their own OER with others or reuse third-party OER for their teaching. The materials on the platform are freely accessible. Copyright and relevant license conditions remain unaffected.

1. The use of OER already posted on the portal (e.g. downloading, saving, editing, sharing) is possible without registration. Further details are regulated in § 4 "Using OER".
2. Posting OER (e.g. uploading, updating content) is only possible after logging in. Further details can be found in § 3 “Posting OER”.
3. There is no entitlement to registration and admission. In particular, the TIB is entitled to reject registration applications if a breach of these Terms of Use has occurred or is to be expected.
4. Registration is completed when the password is sent. By logging into the system for the first time using a password, registered users agree to these Terms of Use and the Privacy Policy and are thus admitted.
5. In the event of updates to these Terms of Use, registered users will be notified of the changes by email four weeks in advance. By continuing to use the platform thereafter, registered users also agree to the changes.
6. A contract of use is concluded between the TIB and the registered users upon registration and admission.
7. In the event of registration, registered users are obliged to fill in mandatory fields truthfully and completely, to keep their access data up to date and secret and to protect it from access by third parties. In the event of a breach, the provisions of § 6 para. 6-10.

1. Posting materials on the platform, updating content and commenting on third-party content is generally reserved for German/Lower Saxony university members. University affiliation is usually verified during registration via a university e-mail account.
2. Educational materials are published under free licenses, in particular Creative Commons licenses or open source licenses such as MIT, GNU, Apache. A suitable free license can be selected using a form.
3. The registered users confirm that the use of the materials does not violate any third-party rights (e.g. copyrights, rights of performers, personal rights, trademark rights). If others are involved in the production, the registered users confirm that all contributors are aware of the content of this agreement and that they agree to it. By posting their own materials, registered users assure that the publication does not conflict with any third-party rights. When uploading third-party materials, registered users ensure that they have the consent of the rights holder or other authorization to upload. Registered users must list the (co-)authors involved in the creation of the material in the metadata - as specified in the material.
4. Furthermore, registered users warrant that the content published by them does not violate applicable law or morality, in particular that it does not constitute a criminal offense or an administrative offense (e.g. violation of copyright law, trademark law, competition law) and that it does not contain any offensive, discriminatory, racist, pornographic or extremist content. In the event of a violation, § 6 para. 8-10.
5. If registered users become aware of an infringement within the meaning of § 3 (3-4), they are obliged to inform the TIB immediately by e-mail (info@twillo.de).
6. Registered users shall indemnify the TIB against all claims asserted by other registered users or third parties against the TIB for infringement of their rights by materials posted. In this case, the registered users assume the costs of a reasonable legal defense of the TIB. This does not apply if the registered users are not responsible for the infringement. In the event of a claim, the registered users are obliged to provide TIB immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
7. After selecting the license and entering metadata, the materials are promptly released for use.
8. Termination of the user relationship is possible at any time and without notice by means of a declaration to TIB (info@twillo.de). All user profile data will be deleted immediately in the event of termination. The posted content and the designation as (co-)authors remain part of the platform as long as the TIB does not delete this content or the registered users do not request its deletion.

1. Pure AI output (content automatically generated by AI) may only be published as part of OER materials on twillo, but not independently under an open license as OER.
2. So-called Hybrid works (AI-generated content that has been edited by a human) can be published as OER in individual cases if the creative human component is in the foreground (comprehensive revision of the AI output).
3. AI-generated content must be marked in the material as AI-generated and in the public domain.
4. Liability regulations in § 3 para. 3-6 and § 7 para. 8-10 apply accordingly.

1. The use of OER on the platform is free of charge and possible without registration.
2. Materials on the platform are generally available under Creative Commons licenses or open source licenses. The conditions of the respective license apply. These can be viewed by clicking on the license pictogram or the link to the license text.

1. The TIB offers its users web-based access to OER (e.g. texts, media with moving and still images, audio media and media with a language basis as well as research data) via its portals. The OER are made searchable via the OER portal, displayed in a media-friendly way, linked to further research information, made available for download and (if licensed for this purpose) edited. Individual sequences, trailers or thumbnails are posted as previews.
2. If they may be made available for viewing or downloading, the OER should be given a clear citation link (e.g. DOI name).
3. The TIB collects and archives OER made available to it and prepares them accordingly if required (e.g. segmentation, creation of visual abstracts, thumbnails, trailers, audio transcripts, indexing, conversion into other data formats, if necessary also for long-term archiving).

1. Subject to a more extensive license, registered users grant TIB the non-exclusive right, free of charge, to electronically store, reproduce, publicly perform, edit and make publicly accessible via its portals in data networks worldwide free of charge for downloading or viewing for the purposes specified under § 6, as well as to use the materials provided for its own advertising purposes. In addition, TIB may also reproduce the materials for the above-mentioned purposes on all technical, digital and analog systems in all formats and on all carrier media and distribute them worldwide and also use them within the scope of currently unknown types of use. The above rights of use extend to metadata - information on authorship, title, description (abstract) etc. - for objects made available via the portal.
2. TIB assumes no liability that the platform and its content will always be available without interruption, unchanged and in full, or that it is up-to-date and free from editorial or technical errors. No liability is assumed for damages arising from reliance on the content of the platform or its use.
3. TIB reserves the right to change the functional scope and appearance of the platform as well as these Terms of Use at any time. Registered users will be informed of any changes to the Terms of Use by email four weeks in advance. By continuing to use the platform after the deadline, registered users agree to the changes.
4. The TIB is entitled to terminate its service at any time. In this case, the TIB reserves the right to delete the content of registered users. However, this does not result in an obligation to delete the content.
5. TIB shall only be liable for damages caused by intent and gross negligence. In the event of injury to body and health, statutory provisions shall apply.
6. No liability is assumed for damages resulting from unauthorized use of password-protected logins by third parties.
7. Insofar as liability is limited or excluded, this shall also apply in favor of executive employees, representatives and vicarious agents of TIB.
8. If there are concrete indications of a violation of these Terms of Use, TIB is entitled to delete content, restrict the use of the services or block the registered users concerned. When choosing a measure, the legitimate interests of the registered users will be taken into account, in particular whether there are indications that they are not responsible for the violation.
9. TIB may block or delete content that contains a legal violation in accordance with § 3 (3-4).
10. The TIB is entitled to withdraw registration, thereby revoking admission and deleting the account, if a breach of these Terms of Use has occurred or is to be expected. The right to block the account remains unaffected by this.

1. The user relationship and these Terms of Use are subject to German law with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG). This does not affect the application of mandatory consumer protection regulations of the country of residence, which are more favorable for users.
2. The place of jurisdiction is Hanover.
3. In cases of dispute, the TIB will endeavor to reach an amicable settlement.