Section 1 – Provider of the service
The provider of the service is:
Deutsches Krebsforschungszentrum Foundation under Public Law
Im Neuenheimer Feld 280
Section 2 – Subject matter of the agreement
The subject matter of the agreement is the use of the MiTO web application (“service”) by the user which can be obtained from www.mito.dkfz.de. As a registered user (“user”), the user can apply for a free-of-charge account in this respect which is approved by an administrator.
The service is intended exclusively for scientists of private and public research centres, as well as for companies involved in the field of cancer research, but not for private persons. Users can form departments in the service and each can appoint a departmental leader. Users can then set their experimental data and preliminary research results (“contents”) in the area of cancer research and define the processing options of the contents and their visibility for other users and non-registered third parties (“use”). Users can then share their contents with other users in closed groups or also publish these in the service. Should contents be made available for other users and/or third parties, this must also be approved by the departmental leader.
In addition, users can also search for and read released contents of other users. Contents which have been approved accordingly can also be searched for and read by non-registered third parties (“reading entitlement”).
Users can distribute individual contents (per factsheet) with a maximum of 10 attachments. In this respect, the individual contents may not exceed 4 megabytes.
In addition, users can exchange messages among one another in an encrypted manner and exclusively within the service via an internal messaging system. This system is also used by the service in order to notify the users of status messages or similar messages, such as the confirmation of contents, for example. The user can determine, by means of a setting, whether he or she should be notified by email of the receipt of new messages.
Section 3 – Registration and conclusion of the agreement
In order to use the service, a free-of-charge registration as a user on the website of the provider and the approval of an administrator are necessary.
For the registration, the first name and surname of the user, an organisation/company and an email address are necessary, whose host name corresponds to the organisation or the company. The user also has the option of providing a title and telephone number. Once the administrator approves the account, a user name is created for the user. The user must amend the temporary password provided by the administrator by selecting his or her own password.
Prior to completion of the registration, the user can check all details provided in the course of the registration process and can amend or add to these via the “amend” button.
On conclusion of the registration, the user submits a binding offer to use the service. The text of the registration will not be saved by the provider and is not accessible to the user.
The user will receive email confirmation of his or her registration. The email contains a link, so that the registration can be confirmed once again by the user. Once the registration has been confirmed back by the user, the administrator will be informed of a new registration.
The agreement will come into existence once the administrator approves the use of the service. It will not be possible to use the service until the user has amended the temporary password. English is available to the user as the contractual language.
Section 4 – Service obligations of the provider
The provider shall make the service in accordance with Section 2 of this agreement available on its server.
To an economically reasonable extent, the provider will use security technologies (for example encryption, password protection and firewall protection) when providing the service. The provider wishes to point out, however, that it does not check the transfer of data via telecommunications facilities, including the Internet. The provider does not provide any guarantee concerning the secure operation of the service or that the corresponding security technologies prevent any disruption to the service by third parties.
The provider hereby guarantees system availability of at least ninety five percent (95%) for the respective calendar month. The regular maintenance windows of the service are not included in the calculation of availability. These regular maintenance windows are the last Monday of the month between 7am and 9am CET.
Section 5 – Responsibilities and co-operation obligations of the user
The user is responsible for the connection of the service, including the Internet connection.
The user is responsible for the entry of his or her data and the contents in the service, as well as for the maintenance of his or her data and contents. The user shall be obliged to check the contents provided by him or her for saving in the service of the provider for damaging components via reasonable means (for example virus filter) prior to transfer.
The user shall be responsible for checking a development which may come under patent laws in respect of the contents provided by him or her (especially with regard to the novelty of a possible invention), if he or she enters the contents into the service of the provider.
In respect of the contents published in the service by the user, he or she hereby grants the provider the non-exclusive, inalienable right which is unlimited in terms of time and space to make said contents publicly accessible, in particular to duplicate and transmit these, as well as to be able to duplicate these for the purpose of data backup.
In respect of the other contents entered into the service, the user hereby grants the provider the non-exclusive, inalienable right which is unlimited in terms of time and space to make the contents provided by the user accessible in case of call-ups via the Internet in accordance with the access entitlement set by the user, in particular to duplicate and transmit these, as well as to be able to duplicate these for the purpose of data backup.
The user shall not be entitled to disclose his or her access details to third parties. The user shall also be obliged to prevent any abusive use of the access data by third parties. For security purposes, the password must be changed at regular intervals. Should the user suspect that unauthorised persons have become aware of his or her access details, the user must inform the provider of such and immediately amend the access data.
he user shall ensure that he or she does not save and/or make accessible to third parties via forwarding of the URL or distribute any contents whose duplication, provision, publication or use breaches applicable laws or third party rights. In particular, the user shall ensure that he or she possesses the necessary rights of use (in particular author and trademark rights and ancillary copyright). In particular, the user is prohibited from saving and publishing pornographic, discriminatory, racist, malicious, defamatory or anti-competitive contents or other illegal contents. In addition, the user shall be obliged in particular not to save any contents with personal data in the service.
The user shall be obliged to only register one natural person per login. More than one person may not use an account jointly or via a single login.
The user shall be obliged not to access the service with the assistance of automated methods, unless this has been expressly permitted by the provider in advance.
Markings of the service, in particular copyright notices, trademarks, serial numbers or similar may not be removed, modified or defaced.
When using the service, the user shall be prohibited from copying, translating, disassembling, decompiling, reverse assembling or otherwise modifying any parts of the service, unless this is permitted in accordance with this agreement or applicable laws. The user is also not permitted to leave the service to third parties. In particular, the user may not sub-license, license, sell, lease, let, outsource or provide the service available in other ways.
Section 6 – Prohibited activities of the user
The service is intended only for non-commercial use by the user. Any use of the service by the user for or in connection with commercial purposes is not permitted, unless such use has been expressly permitted by the provider in advance and in writing. The following are considered to be non-permitted commercial use in particular:
- • All offers and promotions of chargeable contents, services and/or products, both those of the user and those of third parties
- • All offers, promotions and performance of activities of a commercial background, such as price tenders, raffles, exchange transactions, advertisements or pyramid sale systems and
- • Any electronic or other collection of identity and contact details (including email addresses) of users (for example for the sending of unsolicited emails)
In addition, regardless of any legal breach when providing his or her own contents to the service and when communicating with other users, the user may not carry out the following activities:
- • The distribution of viruses, Trojan horses and other harmful files
- • The sending of junk or spam emails, as well as chain letters
- • The distribution of offensive, indecent, sexual, obscene or defamatory contents or communications, as well as such contents and communications which promote or support racism, fanaticism, hate, physical violence or illegal actions (either explicitly or implicitly)
- • Causing a nuisance to other users, for example by repeated personal contact without or contrary to the reaction of the other user, as well as the promotion of support of such nuisances
- • Requesting other users to disclose passwords or other personal data for commercial or unlawful/illegal purposes
- • The distribution and/or public disclosure of contents available in the service, unless the user is expressly permitted to do so by the respective copyright holder or unless this is expressly made available on the portal as a function
In addition, the user is prohibited from carrying out any actions which impair the seamless function of the website.
Should the user become aware of any illegal, abusive or other unauthorised use of the service or use of the service which is in breach of agreement, the user can report this to the provider by means of the report button on the website and provide a reason for the report. The provider will then investigate the matter and, if necessary, take reasonable measures. The provider shall treat such reports confidentially.
Section 7 – Blocking
Regardless of the presence of a good cause for termination (Section 13 Paragraph 4), the provider can take the following sanctions against the user according to its discretion and taking into account the interests of the user, as well as the severity of the breach, regardless of termination:
- • Deletion of contents which the user has provided to the service
- • Temporary blocking of access to the service or to individual contents and/or
- • Temporary blocking of the user profile, so that other users no longer have access to this
Should good cause for termination (Section 13 Paragraph 4) be present, the provider may also
- • Permanently delete contents which the user has provided to the service
- • Permanently block access to the service or the individual contents and/or
- • Permanently block the user profile, so that other users no longer have access to this
Section 8 – Right of use in respect of the contents available in the service
(1) Users may only retrieve and display the contents online which are available in the service for research purposes.
(2) Users are prohibited from processing, amending, translating, showing, presenting, publishing, exhibiting, duplicating or distributing the contents available on the service in full or in part, unless these concerns the user’s own contents or unless the respective user has granted the other users the right of processing such contents.
Section 9 – Warranty
The provider shall be obliged to reimburse the user in respect of any losses incurred due to a fraudulently concealed defect of title or due to a fraudulently concealed defect connected to the service.
Section 10 – Liability
Should the user incur a loss due to the use of the service which is made available free-of-charge, as well as due to the use of the contents available in the service, the provider shall only incur liability if the loss of the user is connected to use of the free-of-charge contents in accordance with the agreement and/or use of the service and only in case of intent (including fraud) and gross negligence on the part of the provider, as well as in case of injury to life, body or health which is due to an intentional or negligent breach of duty or other intentional or negligent behaviour on the part of the provider or one of its legal representatives or vicarious agents.
Section 11 – Indemnity of the Provider
The user shall release the provider from all third party claims which are connected to unlawful culpable use of the service on the part of the user. In particular, this shall include, but shall not be limited to third party claims connected to patents, copyrights or other intangible property rights, as well as other legal positions such as personality rights, claims due to unlawful gathering, saving and use of personal data, together with claims connected to use of the access data of the user which breaches these terms and conditions of use. The user shall bear the costs of reasonable legal defence/prosecution in relation to third parties incurred by the provider in this respect.
Should the user be aware or should he or she be expected to be aware that such a breach is threatened, he or she shall be obliged to immediately inform the provider of such.
Section 12 – Data protection
All regulations concerning the protection of the data of the user can be obtained from https://mito.dkfz.de/mito/Help/PrivacyPolicy.
Section 13 – Contractual term and termination
These terms and conditions of use shall apply from the time when the user registers.
This agreement is made for an unlimited period and can be terminated by both parties at any time without compliance with a period of notice and without giving reasons. Thereby the user has the option of deleting his or her account in the service. The service will automatically send an email to inform the user.
The provider shall reserve the right to block the username and password at the time of taking effect of the notice of termination. In case of the deletion of the account where the user is registered as a departmental leader in one or more departments, all contents connected with said account and which are not permanently saved will be irrevocably deleted.
The right of both parties to extraordinarily terminate the agreement for good cause shall remain unaffected. In particular, good cause for the termination of this agreement shall be present on the part of the provider if the user continuously breaches his or her obligations in accordance with Sections 5 and 6 of this agreement.
Section 14 – Final provisions
All agreements between the parties are included in this contractual documentation, as well as in the documents which are referred to. No additional agreements are in place.
This agreement shall be governed by German Law by excluding the United Nations Convention on the International Sale of Goods.
Mannheim is hereby agreed as the place of jurisdiction.
As of: 26 January 2016