The following terms and conditions apply for all registered participants¹ in e-learning courses on the Moodle study platform of HM Hochschule München University of Applied Sciences, as well as for visitor access users.

Terms and Conditions of Use

I. General obligations of users

Upon registering the user is granted a simple, non-transferable right to use this study platform. Disk space provided to the user may only be used to store the content created. All users are obliged to treat the data of other users accessible to them as strictly confidential and, as a rule, refrain from passing it on to third parties without the written consent of the data subject. This particularly applies to the names and email addresses of other users registered in the system. This study platform is used for the exclusive purpose of preparing and carrying out Moodle courses at HM Hochschule München University of Applied Sciences and communication between students and teachers. Any other use of the platform, e.g. for other private and/or commercial purposes, is prohibited. All users are obliged to comply with the statutory provisions, particularly the provisions of copyright law and data protection regulations. If users post links to external websites, they must ensure in advance that the external websites linked to do not have any unlawful content.
As a rule, all users are prohibited from doing the following on the study platform:

• altering, erasing or suppressing data or rendering it unusable without authorisation and/or using it for anything other than for its designated purpose.
• distributing, in particular, materials of unconstitutional organisations or their ideology.
• making injurious, offensive or defamatory statements concerning other persons.
• damaging the reputation of HM Hochschule München University of Applied Sciences.

II. Special obligations of teachers

Data relevant to examination regulations may not be stored exclusively in Moodle. The Moodle-Prüfungsserver (moodle-p.hm.edu) is available for examinations. Moodle has no archive function, but rather certain participant-related data is ascribed to the registered participant. If the participant logs out of the system or is erased, for example due to exmatriculation, from the Central Identity Management and therefore also from the Moodle database, certain participant-related data will be lost².
Courses which are inactive for more than 18 months (i.e. neither the course trainer nor students have accessed them) will be automatically erased without prior notification! The platform administration therefore recommends that all course moderators access all courses which should not be erased once each semester in order to ensure that they remain active and are not included by the erasure routine.

III. Handling of copyrights

Works capable of copyright protection or parts thereof, such as course materials, templates, excerpts from other works, photographs etc., which are used in the Moodle course and/or are created explicitly for a course room may not, as a rule, be used outside the course room or passed on to third parties.
This applies in particular to teaching and study materials which have been created by course moderators and contributions capable of copyright protection which are authored by the participants either individually or jointly within the framework of a Moodle course.
Passing these items on to third parties and/or using them outside the Moodle platform of HM Hochschule München University of Applied Sciences is explicitly only permitted with the author's written consent. However, all users declare that they expressly agree that all contributions personally created by them, irrespective of their eligibility for copyright protection, may be used for the purposes of the course.

Note: When using the block “Opencast Videos” in a moodle course, please observe the Terms and Conditions of Use for the streaming server of HM Hochschule München University of Applied Sciences.   

IV: Voluntary use of activities with possible comparison of results

In some activities, such as tests, assignments or peer assessments, in addition to viewing the users' results, the teacher also has the opportunity to compare these results with each other. The use of these activities is voluntary.

V. Exclusion from use

In the event of serious and/or continued violations of these Terms and Conditions of Use, the users in question may be temporarily or permanently excluded from use of the study platform. In principle, the administrators of the Moodle platform and the university Executive Board have the right to exclude users. As a rule, temporary or permanent exclusion of a participant must be preceded by a request to cease the conduct being the subject of the complaint. Only if the user in question then fails to clearly adjust his/her behaviour may the administration or Executive Board declare an exclusion.
Already excluded users may be readmitted if it is ensured that they will refrain from such misconduct in the future.

In addition, users who have not been active on the study platform for a period of over 149 days will be automatically notified by email. With this email, users will be given a 14-day deadline to log back into Moodle if they wish to continue using the study platform. Users who do not log back into Moodle by the end of this deadline will be erased from the system.

VI. Liability

In the event of a culpable violation by the user of statutory obligations or the obligations provided for in these General Terms and Conditions of Use, the user shall be liable in accordance with the provisions of law. HM Hochschule München University of Applied Sciences as the operator of the study platform is only liable for breaches of obligation due to gross negligence or intentional misconduct. This also applies, in particular, to damage to technical devices of a user of the study platform that he/she incurs as a result of downloading materials or software or other transactions.

VII. Amending the Terms and Conditions of Use

HM Hochschule München University of Applied Sciences reserves the right to amend or supplement these Terms and Conditions of Use with effect for the future. HM Hochschule München University of Applied Sciences shall have the right to make decisions in an individual case through which these General Terms and Conditions of Use are fleshed out or extended. Amendments to these Terms and Conditions of Use must be announced in writing on this study platform, with a reference to the website on which the current Terms and Conditions of Use can be accessed.

VIII. Acknowledgement and consent

I have familiarised myself with the Terms and Conditions of Use and the information provided under data protection laws. I hereby acknowledge the Terms and Conditions of Use. I understand that for the purpose of participation in Moodle study platform required personal data will be processed. I agree to the processing of data entered by me in the "personal profile" and the contributions published by me under my name as well as to the use of the files provided by me within the framework of the Moodle exam course. I understand that I may withdraw this consent at any time by sending an email via the ticket system portal.hm.edu/e-learning/support/ to the team of the E-Learning Center.

General Terms and Conditions of Use for E-learning at HM Hochschule München University of Applied Sciences on the Moodle Study Platform of the E-Learning Center of HM Hochschule München University of Applied Sciences are subject to an Attribution - non-commercial - disclosure under the same terms and conditions 4.0 Unported Licence.
How to cite: E-Learning Center of HM Hochschule München University of Applied Sciences (2021): Moodle Terms and Conditions from the E-Learning Center of HM Hochschule München University of Applied Sciences. Munich; Version 3.9
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¹ In this document the male and female form are not always used. Wherever, for the sake of simplicity, the male form only is used, the female form is also meant.

² So-called own usage data such as voting results is erased upon deregistration/erasure of a participant. So-called usage data passed on by the user, such as feedback participation, database entries, test results, forum entries and glossary entries are retained.