Terms of Service

of MEMOOC e-learning system of the University of Miskolc

Welcome to our e-learning system! Please, read carefully these terms of service and our privacy statement. It is important to be aware of that by using our Services, you are agreeing to these terms.

These terms of service (hereinafter: Contract) include the terms of the usage of the users (hereinafter: You or User) of the service (hereinafter: Service) available on the websites of the e-learning system (http://memooc.hu) operated by the University of Miskolc (address: 3515 Miskolc, Egyetemváros; hereinafter: Operator).

General terms of the Service

By using our Service, You are agreeing to these terms. These Terms create a legally binding Contract between You and the Operator which comes into existence when You register into the e-learning system and agree these terms of service.

You are only entitled to use the Service if You sing up on behalf of yourself into the e-learning system by providing your real personal data and contacts. In case of any change in relation to your personal data provided when signing up you are obliged to modify them in your personal account created within the Service and notify the organizer of the course You take part in by sending him an internal e-mail message (system message). The Operator reserves the right that if a User provides false personal data or signs up on behalf of himself or herself more than once or one personal account is used by more than one user, the Operator will be entitled to restrict or terminate the access to the Service of the certain User.

The User who has already signed up into the e-learning system is entitled to use and – if the User get entitlement to it from the Operator – download and print the electronic subject materials made available via the Service. Commercial usage of the downloaded or printed subject materials is prohibited. Subject materials which can be learned by using the Service, especially written texts, pictures and photographs, audiovisual works, sound recordings and other intellectual products shall be considered as intellectual property and subject to statutorily protected copyright under the scope especially of the Act LXXVI of 1999 on Copyright. The Operator is the holder of all pecuniary rights related to the above detailed intellectual products.

The Operator is entitled but not obliged to check the content posted or made available by You when using the Service and the Operator is entitled but not obliged to search for signs of unlawful activity on web pages or sites cited by You when using the Service or by posting on the Forums available within the Service. Please, notify the Operator immediately by describing the place of the post and the content within the Service in case that You consider any content made available within the Service or at Forums unlawful. The Operator reserves the right to deny unfounded or abusive complaints, nevertheless in case the Operator finds the complaint grounded as a result of his good faith procedure the Operator handles the removal of the content from its described place within the Service. You are asked to send your complaints about unlawful content to the following e-mail address: info@memooc.hu

You are solely responsible for the content you posted or made available, including all of the consequences of material and immaterial damage caused by or occurred in relation to it. Conclusively You are obliged to warrant that the content You post or make available (for example personal or special data of third parties, comments, pictures and photographs, other intellectual products) does not directly or indirectly infringe or violate any third party copyrights or statutory regulation and does not cause damage. In case that a third party, an authority or a court makes a claim or begins procedure in relation to a content you publish or make available by using the Service You warrant to pay at your own expanse all kind of expenses, costs and damages arising from these claims and procedures. You warrant to perform all kind of actions (for example making a public or any other kind of statement with a content that indicates expressly and clearly that You are the responsible person for the abuse or the infringement and the Operator has no responsibility to You or to any third party for any infringement) required by the Operator in relation to any abuse or infringement as well as actions in order to protect the goodwill of the Operator (including actions to avoid creating any connection between the name of the Operator and the abuse or the infringement in question and to prevent or reduce risks and damages incurred by the abuse or the infringement occurred at the Operator).

The Operator in order to operate, develop and promote the Service is entitled to create and publish derivative works and compilations made up of the content posted or made available with any kind of purpose by the Users, including especially notifications, suggestions, comments and opinions of the Users, without referring to the name of the certain User or performing him or her any pecuniary or other kind of consideration.

In case of infringement in relation to the Service the Operator cooperates with authorities under the frames required by statutory regulations in order to impeach persons who are responsible for the infringement. You bear all the risks and responsibilities arising from the usage of the Service and Forums, including the risk of damages and any kind of losses occurred in the system of your computer caused by injurious contents posted or made available by any User of the Service within the frame of the usage of the Service or the Forums. Furthermore You bear all the risks and responsibilities arising from the usage of the Service and Forums including any damages occurred at You or caused by You to others during the usage of the Service.

Any malicious damage or any attempt to it within or against the system of the Operator shall result in immediate termination of the access of the certain User to the Service.

The Operator reserves the right that in case a User breaches any provision of the Contract or performs adverse to it the Operator is entitled to temporarily or finally restrict the access of the User to the Service.

The Operator is entitled to unilaterally modify the provisions of the Contract by publishing it on this website. The modified Contract comes into effect on the tenth day after it was published. Your continued use of the Service after the date the modified Contract is published will constitute your acceptance of the modified Contract. The User accepts to look at the Contract regularly to check for such changes in order to fully obey the provisions of the Contract.

This Contract shall be governed by Hungarian law irrespective of the place of your usage of the Service. You and the Operator agree to submit to the exclusive jurisdiction of the courts of the Regional Court of Miskolc and the District Court of Miskolc to resolve any legal matter arising from the breach of this Contract.

The Operator performs its obligation of operating the Service with due care, nevertheless the Operator is not liable for any mistakes, outages, interruptions or any other safety occurrence and any damage arising from the above mentioned dysfunctions. The User accepts that he or she uses the Service on his or her own responsibility. The Operator is not liable for any damage of the User’s computer arising from the usage of the Service.

General terms of using the function of Forum and Chat

Forums and Chats, developed for especially serving the interests of Users, are functions for cultured manner of sharing of opinions and experiences. Please perform according to the rules detailed below!

Forums and Chats are under control of moderators on behalf of the Operator. The purpose of moderating are to ensure cultured atmosphere within the Forum in question and the undisturbed function of the Service. Moderators are entitled to delete certain topics and comments, however they function occasionally and without the need of exclusiveness. The Operator is not liable for damages and inconveniences arising from the inadequate function of moderation. At the occasion of deletions, moderators are not functioning as legal forums and operate according to not solely legal principles but in case that they notice a comment or content which may likely to be unlawful they are entitled to remove it without prior notification. Moderators are also entitled to do actions against topic destroyment (pasting big files or posting the same comment more than once can be deemed as content or technical topic destroyment) and any manner or behaviour which is deemed unacceptable by them. Within every Forum and Chat the following activities are expressly prohibited:

advertising any firm, auction, product, service or a website which is not closely related to the course;
using profanities (and disrespectful words) and posting obscene content;
posting any content which is suitable for the infringement or affront of others;
posting personal data, telephone number, e-mail address without prior consent of the data subject;
intentionally mislead those persons who ask for help or wait for answer to their question in relation to the Service.

Any breach of any of the above detailed provisions (or other incorrect behaviour) can ground the removal of the debated post, the suspension or the termination of the access without detailed justification or prior notification of the User who breaches these provisions.

Privacy Statement

These terms or service (hereinafter: Contract) include the terms of the processing of personal data within the service (hereinafter: Service) of the e-learning system available at the website (http://memooc.uni-miskolc.hu) of the University of Miskolc (address: 3515 Miskolc, Egyetemváros; hereinafter: Operator). By using our Service, You are agreeing to these terms of Privacy Statement. You can only have access to the Service if You accept the terms of this Privacy Statement. This Privacy Statement is always available at the website of the Service.

The data controller in relation to the processing of personal data within the Service is the Operator. The personal data of the Users will be stored on the servers of the Operator. The duration of the processing of personal data in relation to those personal data which is created by the usage of the Service begins with the establishment of the legal relationship between the Operator and the User and terminates when the purpose of the processing of personal data is fulfilled. Personal data controlled by the Operator can only be known by the employees of the Operator who contribute to the operation of the Service. The processing of personal data at every occasion shall be performed according to the applicable and current Hungarian laws and regulations.

The purpose of the processing of personal data performed by the Operator in relation to the Service is to provide effective, safe, and if applicable a personalized Service, to solve debates arisen from the usage of the Service, to provide information and to recover dysfunctions in addition to the enforcement of the provisions of the Contract and the exercise of the rights of the Operator deriving from the Contract.

Registration is a requirement for the usage of the Service so certain personal data have to be provided. At the registration the Operator clearly indicates which kind of personal data have to be provided compulsory and which of them can be voluntarily provided. The User can decide at anytime that he or she does not want to provide certain personal data so that providing personal data within the frame of the Service is voluntary at every occasion and the legal basis of the processing of personal data is the informed, definite and prior consent of the data subject but the denial of providing personal data may result in that the data subject will be not allowed to use certain parts of the Services. The Operator in relation to certain parts of the Service may regulate that the User shall provide additional personal data with financial relevance to use it only for billing and inspectorial purposes.

The Operator operates the Service in accordance with the provisions of the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information. By using the Service certain personal data of the Users are controlled by the Operator automatically. Certain data of computers and IP addresses of the Users are logged for the purposes of generating data of website-visits, detecting the occasionally occurred dysfunctions and attempts of attacks. These data within certain conditions can be deemed as personal data as well. The files of logged information will be analysed for making statistics and monthly logged-storages are stored on the server of the Operator.

During the usage of certain parts of the Service the Operator install on the computer of the User small files of data with the content which cannot be directly associated with the certain User (cookie) for the purposes of making data records, identifying the User, making further visits of the User easier and increasing the effectiveness of the Service. The data getting available for the Operator as a result of the usage of cookies are not connected to the identifying personal data of a User, in addition the so-called session cookies are deleted automatically at the end of the visit of the User. The User can set in his or her browser to receive notification in case the Operator is willing to install cookies on his or her computer and the User can prohibit the installation of cookies as well at any time. In case of denial of the cookies certain pages or functions will not operate properly and it may occur that the User will not be entitled to have access to certain information. The Operator is not entitled to transfer the data he controls due to using cookies to third parties. For further information about cookies visit the following website: http://www.cookiecentral.com.

Without any explicit legal provision the Operator is only entitled to transfer personal data suitable for identification of the certain User to third parties in case that the expressly given consent of the certain User is available. In the following situations certain personal data of the Users can be transferred to third parties:

the personal identification name of each user (username) is public and can be accessible for everyone, the activity of each User performed within the frames of the Service can be searched and retrievable by anybody based on their username so that conclusions can be made out of them which may be considered as personal data. It may happen that the User himself or herself of any other person reveals the identity of the certain User or make the certain User be identified otherwise by others and in conclusion the activity performed within the frames of the Service can be connected to the certain User. Users can make all of the data they provide publicly available. Furthermore the Operator is entitled to send requests or announcements and make personal data of a certain User available in relation to suspicious or unlawful activities within the frames of the Service.
The Operator cooperates with authorities having investigative powers and courts to detect and impose sanctions on the infringements (for example fraud, infringement of intellectual property rights) committed within the frames of the Service. The Operator performs data requests based on statutory provisions so the Operator transfers all of the lawfully controlled personal data of a certain User to authorities and persons who are entitled to request them.

However the Operator applies suitable security measures according to the standards of this field of industry, the Operator does not guarantee that all personal data published or derived from the activity of the Users performed within the frames of the Service will only be processed according to the provisions of this privacy statement. Third parties and even other Users may be able to keep messages or other kind of data, considered to be under the protection of statutory privacy provisions, under illegal surveillance or seek them in an illegal way. Furthermore the User himself or herself can provide his personal data to third parties who may use them for illegal purposes or in an illegal manner. Pursuant to the provisions of the Act CVIII of 2001 on certain issues of electronic commerce activities and information society services the Operator is entitled to control certain personal data including billing and logging information without the prior explicit consent of the Users. Pursuant to the provisions of the Act C of 2003 on electronic communications the Internet service provider and other electronic communication operators are also entitled to control certain personal data and other kind of data as well.

The User is exclusively liable for the usage of his or her username and password, including all activities in relation to his or her username and password. So that it is required to keep the username and the password in secret. In case that the User reveals these information to a third party then the User may lost the opportunity to exercise the right of informational self-determination in relation to his or her personal data controlled by the Operator or other data controllers within the frames of the Service. If the above mentioned situation occurs it is required to modify the username and/or the password immediately.

By using the Service the User and the Operator establish connection via electronic communication devices and the service of information is performed via open network (Internet). So that the Operator shall fulfil the obligation of ensuring intensified control and security requirements. Accordingly the Operator, pursuant to the statutory provisions of privacy protection, is willing to provide technically secure Service and in order to it the Operator installs security measures according to the standards of this field of industry (for example applying firewalls).

Within the frames of the Service the Users have the opportunity to modify and correct personal data they have provided by using the function which is available for them after signing in their own account. The User can ask for the erasure of his or her account by sending a written message to the following e-mail address (info@memooc.hu). The Operator as data controller upon request shall provide information for the data subject including the personal data controlled by the Operator, the purpose of the processing of personal data, the duration of the processing of personal data and information on to whom and for what purpose were or will personal data be transferred. Personal data shall be erased if so requested by the data subject mailing the request to the above mentioned e-mail address. The erasure of the username and the password can only be requested in case that the whole account is erased at the same time.

The User who feels that the Operator infringes his or her privacy rights then the data subject shall have the right to turn to court or to the Hungarian National Authority for Data Protection and Freedom of Information. The details of the enforcement of the above mentioned claims and the obligations of the data controller are enacted in the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.

The Operator is not liable for any information published or posted by the Users within the frames of the Service. In case that the Operator gets to know that a User provides the data of another person unlawfully or with the infringement of the rights of third parties during his or her use of the Service, or uses personal and other kind of data, publicly available within the Service or illegally gathered, unlawfully or infringing third parties rights (for example uses them for direct marketing purposes), or breaches otherwise any of the provisions of this privacy statement, or caused damage during his or her use of the Service, the Operator shall take legal measures in order to seek indemnification and legally impeach the perpetrator. The Operator shall use best efforts to help the authorities acting in identifying and impeaching the perpetrator.

The Operator reserves the right to modify the provisions of this privacy statement. In case of modification the Operator modifies this statement. The modified statement comes into effect on the tenth day after it was published.