Terms and Conditions of Use for the Wuppertal University Library

(Please note, that the following translation is a service provided by DeepL and the original german version is legally binding)

§ 1 Functions of the Library

(1) The University Library of Wuppertal is an academic library. In particular, it is responsible for the acquisition, cataloguing and provision of both conventional and electronic media and information, which it makes available on the library premises and via data networks.

(2) It primarily serves the needs of research, teaching and study at the University of Wuppertal, but is also generally open to the public for professional and personal information and further education.

§ 2 Establishment of the User Relationship

(1) Anyone wishing to use the library must be registered. Registration establishes a user relationship under public law between the user and the library, the terms of which are governed by these Terms of Use.

(2) Admission is generally granted upon application by the issue of a library card. For students enrolled at the University of Wuppertal, a special library card is automatically generated following enrolment; this is valid in conjunction with the valid student ID card. Other persons may submit an application for admission either verbally or in writing. These users will be issued with a special library card upon presentation of an identity card or staff pass. The card remains the property of the library. Upon registration and throughout the course of their library membership, the necessary personal data is stored in accordance with the relevant legal provisions. Special access authorisation in accordance with Section 15(2) is required for the use of the internet or comparable communication technologies.

For data security reasons, every person using the library is issued, in addition to their user number, with a PIN or password which they may change themselves. They are personally responsible for protecting these additional codes against unauthorised use.

The collection, processing and use of further personal data in connection with stock, usage and billing data is permitted, provided that the statutory retention periods are observed.

(3) For the use of reference collections without borrowing items, the Head of the Library may, in consultation with the Library Committee, lay down specific admission requirements for the Central Library or for the specialist libraries.

Visitors who do not hold authorisation in accordance with paragraph 2 must also comply with these Terms of Use when entering the library or using its services. This also applies to members of the public who access the library’s electronic data network via computers.

(4) The following shall be granted access without any assessment of the purpose of use:

a) members and affiliates of the university of Wuppertal and other higher education institutions in North Rhine-Westphalia,

b) members and staff of other German higher education institutions who are resident in the region,

c) staff of public authorities and institutions based in the region.

(5) Any person aged 16 or over may be admitted to use the library, provided this does not conflict with the needs of the users referred to in paragraph 4. Persons under the age of 18 require the consent of a legal guardian. It is their responsibility to comply with the statutory provisions on the protection of minors. Persons under the age of 16 are only permitted to enter the library when accompanied by a parent or guardian. An age limit of 18 years is set for the use of the internet.

(6) The borrower of a media item, which is identified by its call number, is the person on whose library card the book was borrowed.

§ 3 Content of the Terms of Use; Rights and Obligations of Users

(1) Anyone authorised to use the library is entitled to the services set out in these Terms of Use, but is also obliged to refrain from any behaviour within the library that is contrary to the proper running of the library, in particular behaviour that disturbs other users or poses a risk to persons, buildings or property.

(2) Library staff are authorised to issue specific instructions regarding use and to check the library card and, where applicable, official identification.

(3) Bags, folders, umbrellas, luggage, coats, other outerwear and similar items must not be taken into the library’s restricted area, but must be stored in the facilities provided for this purpose in the corridor outside the library. The storage of perishable or hazardous materials is prohibited there. In the event of any breaches, the relevant library staff are authorised to inspect the contents.

(4) In all areas of the library open to the public, the utmost quiet must be maintained in the general interest of users. Smoking, eating and drinking are not permitted in these areas. Animals must not be brought into the library. Mobile phones, Walkmans, etc. must be switched off, and laptops may only be used at the designated areas.

(5) The library’s collections, as well as media items obtained through the interlibrary loan service, must be handled with care to prevent damage. Writing in, annotating or underlining the items is not permitted. Any visible damage must be reported to the staff at the circulation desk, who will note it in the appropriate place on the item. Users are prohibited from repairing damage themselves or having it repaired by others.

(6) The equipment provided, in particular the PCs, must only be used for their intended purpose. Any damage or faults must be reported to library staff immediately. Tampering, in particular with the computers, programmes or the library’s data holdings – including through unauthorised use of the network – may result in exclusion from library use and, where applicable, legal action; the provisions of § 15 of the Terms of Use apply. The library accepts no liability for network-based self-service functions.

(7) All media items brought onto the premises must be clearly presented to the supervisory staff upon entering and leaving the library premises.

(8) The borrower shall be liable for compensation for lost or damaged media items, even if they are not personally at fault, in particular by paying the sum required to replace the media item or to produce a photographic reproduction. The right to claim further damages is not excluded.
The library is entitled to demand compensation if, after the expiry of the loan period, it has unsuccessfully requested the borrower to return the media item, having set a deadline and drawn attention to the resulting obligation to pay compensation.

(9) Absence from the university campus does not exempt the borrower from complying with the loan period.

(10) All users, in the case of use pursuant to § 10 or § 14, are obliged to notify the library immediately of any change of address. The user shall be liable for any costs and losses incurred by the library as a result of failure to comply with this provision.

(11) The library card must be kept in a safe place. Its loss must be reported to the library without delay. The holder is liable for all media items borrowed using the lost card up to the time the loss was reported.

(12) The Head of the Library shall decide on the imposition of sanctions on users in accordance with paragraphs 8 to 11, after having given the person concerned the opportunity to comment.

§ 4 Termination of the Licence

(1) The authorisation to use the facilities shall end, without prejudice to the provisions of § 5

a) for students of the University of Wuppertal, upon their de-registration,

b) for visiting students at the University of Wuppertal at the end of the semester for which they are admitted as visiting students,

c) for other members of the University of Wuppertal, upon their departure from the University of Wuppertal,

d) for other users of the library, upon the expiry of their library card,

e) upon application for early termination of the user agreement,

f) upon death or a court order for guardianship, trusteeship or care within the meaning of the relevant provisions of civil law.

(2) Termination of authorisation to use the library results in termination of the user agreement. Users are obliged, prior to termination of their user status, to return all items borrowed from the library and their library card, and to fulfil any other obligations towards the library arising from the Terms of Use and the Regulations on the Levying of Fees in the Field of Information, Communication, Media pursuant to Section 30 of the Higher Education Act of the State of North Rhine-Westphalia (GebO-IKM, hereinafter the ‘Fees Regulation’). Unfulfilled obligations shall not lapse upon termination of the user relationship.

§ 5 Exclusion from Use

(1) Any person who contravenes these Terms of Use may be temporarily or permanently excluded from using the library by the Head of the Library, after having been given the opportunity to comment. The user must be notified of the exclusion in writing. All obligations arising from the Rules of Use shall remain in force even after exclusion.

(2) An appeal against the exclusion may be lodged in accordance with the provisions of the Administrative Court Rules. It must be submitted in writing to the rectorate of the University of Wuppertal within one month of notification of the decision.

(3) A user may be excluded from borrowing if they are in arrears with the payment of outstanding debts or with the return of library items, despite having received prior reminders. An appeal against exclusion may be lodged in writing with the Head of the Library within one month.

§ 6 Safeguarding the Library’s Collections

(1) The library may require persons who are not members of the University of Wuppertal to provide a security deposit, to produce proof of employment or to submit a letter of guarantee when using the library in accordance with § 10 or § 14.

(2) The security deposit may be provided in the form of a directly enforceable, open-ended guarantee issued by a major German bank or savings bank.

(3) A personal guarantor shall be directly liable for all damage and loss incurred by the library as a result of the conduct of the user for whom they stand as guarantor. Guarantees provided by members of library staff shall not be accepted.

(4) The amount of money to be deposited as security is determined by the replacement value of the media items to be borrowed and the risk arising from the user’s relationship with the library in each individual case.

(5) The security deposit shall be returned once all borrowed media items have been returned. The library reserves the right to use the deposit to settle any claims for compensation and outstanding fees in advance.

§ 7 Fees and Expenses

(1) Fees and charges for the use of the library shall be payable in accordance with the currently valid version of the Fees Regulation.

(2) The Head of the Library is responsible for granting any reductions or waivers of fees provided for in the Fees Regulation in cases of particular hardship.

§ 8 Opening Hours

The library’s opening hours are determined by the Head Librarian in consultation with the Library Committee. They are announced by notice or by publication on the library’s website.

§ 9 Use within the library premises

(1) The library’s holdings are arranged in the specialist libraries and the main library building, some of which are for reference only and some of which are available for loan.

(2) In the open-access areas, any user may remove items from the shelves and consult them at the reading desks. To ensure they are returned to the correct place, items must be placed on specially marked collection tables. Library staff will then return them to the shelves.

(3) The on-site collections at the Central Library and the specialist libraries may only be used within the library. Short-term loans overnight, over the weekend or with extended loan periods are permitted provided that this does not conflict with the library’s operational requirements. Details are set out in a separate notice.

(4) The collections stored in the Central Library’s stacks are generally not directly accessible to users. They are made available for use following a prior request.

(5) The library exits at the circulation desk are secured by an electronic book-detection system which alerts staff to any media items being removed without having been properly checked out. In such cases, the user may be subject to a borrowing ban, a ban on entering the premises, or criminal prosecution.

§ 10 On-site borrowing

(1) All items in the library’s collection that are not subject to the restrictions set out in § 11 may be borrowed for use outside the library.

(2) Items may be borrowed on presentation of a library card (see § 2(2)) at the library’s circulation desks.

(3) Items must not be taken out of the library without being properly registered for loan. When borrowing and returning items, the user is obliged to accept the loan receipts and to check them for completeness and accuracy of the details. Where fees are charged, the library is entitled to retain the return receipts. Replacement receipts will be issued on request.

(4) Special user or collection units (e.g. work equipment or laboratory apparatus) are registered via the on-site loan system. The holdings of these collection units must, as a general rule, remain accessible for use within the university.

§ 11 Restrictions on Borrowing

(1) Items designated as reference stock are, as a general rule, excluded from loan. This does not affect the possibility of short-term loans in accordance with § 9 (3), second sentence. In exceptional cases, the Head of the Library may authorise use outside the library.

(2) The library reserves the right to exclude further media items from loan or to restrict their loan if this appears necessary in the interests of users.

(3) The use of certain media items shall also be restricted where required by statutory provisions or the rights of third parties.

§ 12 Loan Period and Loan Terms

(1) The loan period for items in the lending collection is normally 30 days.

(2) The Head of the Library may, in justified exceptional cases, set a different loan period to that specified in paragraph 1.

(3) The loan period may be extended by a maximum of 30 days at a time, up to a maximum loan period of 12 months, provided that the item has not been reserved by other users. Renewals may also be made online at the user’s request and risk. Requests for renewal by telephone are not permitted. After a maximum loan period of 12 months, the items must be returned to the library. Extensions beyond the validity period of the library card are not permitted. Separate regulations apply to university staff.

(4) The library may recall borrowed media items before the end of the loan period, even after an extension has been granted, if they are required for a semester collection or for official purposes. In particular, it may also request the return of borrowed media items for the purpose of an audit.

(5) If the loan period is exceeded without an authorised extension, the loan period as defined in the Fees Regulations is deemed to have been exceeded. Fees are payable regardless of any reminders. If two unsuccessful reminders have been issued, the library may impose administrative enforcement measures against the defaulting user in accordance with the Administrative Enforcement Act of the State of North Rhine-Westphalia.

(6) Time limits are determined in accordance with the general provisions of the German Civil Code (BGB).

(7) Notices of recovery and reminders regarding the return of media items or the payment of fees shall be sent to the last address provided by the user (see § 3(10)) or, at the user’s request and risk, by email. All notifications to staff members of the university of Wuppertal shall be delivered via the internal post system or, at the user’s request and risk, by email.

Section 13: Reservation

(1) Media items that have been borrowed may be reserved for borrowing upon their return.

(2) A reservation cannot be made if further copies of the same title are available for loan.

(3) Information as to who has borrowed a media item will not be provided.

Section 14: German and International Interlibrary Loans

Literature not available on campus may be borrowed from an external library through the library’s intermediary services. In addition, electronic ordering and delivery services may be used in accordance with the conditions published by the library.

Ordering and use are governed by the current interlibrary loan regulations for German libraries and the specific conditions (e.g. loan periods, restrictions on use) of the lending library.

Items not held in German libraries may be ordered from libraries abroad through the international interlibrary loan scheme, subject to the user covering the costs. The library may require an advance payment.

With regard to fees and the reimbursement of expenses, the current version of the Fees Regulation or any other relevant state regulation shall apply.

Media items from the University Library’s collections are, as a general rule, dispatched for off-site use only in accordance with the provisions of the Interlibrary Loan Regulations for German libraries or within the framework of international interlibrary loans.

The library may impose specific conditions on the lending of items for off-site use.

§ 15 Use of IT Facilities

(1) By registering to use an internet workstation or by being granted access to the library, users are obliged to comply with these terms of use. They are also obliged to comply with the current principles, recommendations and regulations of the university information and media centre at the University of Wuppertal (ZIM) and the Association for the Promotion of a German Research Network (DFN-Verein).

At the same time, in order to ward off claims for damages and liability, the library may, to the extent necessary, restrict users’ data protection rights insofar as they relate to the use of the library. The library may block access to services that contravene data protection regulations, youth protection laws or the Criminal Code. In the event of such breaches, the library may use the access logs, to the extent technically possible, as evidence.

In the event of repeated misuse or repeated failure to comply with these provisions and recommendations, the user may be excluded from use, either permanently or temporarily, by the Head of the Library following a prior hearing; the application of other sanctions provided for in the Terms of Use remains reserved.

(2) Unless otherwise specified, the use of the internet workstations requires the user to log in in person (any other persons actively using the computer must also log in in person), the presentation of a valid user card to the supervisor, and compliance with time- or programme-related usage restrictions once the guaranteed session duration at the individual workstations has elapsed.

The library may limit the duration of use and make occupied workstations available to other users. Members of the university community shall be given priority over external users in this regard.

(3) Users are obliged to bear the costs of repairing any damage caused by their use of the library’s equipment and media, not to pass on their access authorisations to third parties, and, should they pass on their access authorisations to third parties, to bear all costs arising from any resulting damage.

(4) Users are obliged to comply with the provisions of criminal law and the Youth Protection Act; they must neither use nor disseminate unlawful information at the computer workstations, must not tamper with any files or programmes belonging to the library or to third parties, not to use protected data, and to use data and files on floppy disks, CD-ROMs, DVDs, video or audio cassettes or other data storage media solely for their own academic use, to make copies and compilations solely for their own use, provided that no commercial purposes are pursued, and to keep the data storage media under lock and key after each use.

(5) It is not permitted to alter workstation or network configurations, to rectify technical faults independently, to install programmes from data storage media brought onto the premises or from the network onto the workstations, unless other arrangements have been expressly agreed, or to use one’s own data storage media on equipment that has not been expressly authorised for this purpose.

(6) The library excludes any warranties relating to the functionality of the hardware and software it provides – in particular with regard to self-service functions – and to the availability of the information and media accessible at these workstations. In addition, the provisions on exclusion of liability set out in § 19 shall apply.

Section 16 Copies and Reproductions

(1) It is permitted to make copies of media items held by the library, or to have such copies made, provided that it is ensured that the media items are not damaged and that the rights of third parties are not infringed.

(2) If the library designates a media item as particularly valuable or in need of special care, copies may, in principle, only be made by the library itself; exceptions are determined by the library management.

(3) The library may only authorise the commercial use of copies by special agreement. The library shall determine the consideration. The right to make copies may not be transferred to third parties without the library’s permission.

(4) Upon request, the library shall arrange for or produce films and copies of its media items, in so far as staffing and technical resources, and the condition of the media items, permit.

(5) Where the library produces reproductions itself, the rights arising therefrom shall remain with the library. Ownership of negatives shall, as a general rule, remain with the library. Upon request, the user may receive a second negative at their own expense.

(6) The library’s costs and expenses incurred in connection with duplicates and reproductions must be reimbursed. The amount of the reimbursement shall be announced by notice displayed on the library premises or by publication on the library’s website.

(7) Users are solely responsible for ensuring that no third-party rights are infringed by the reproduction of the library’s media items. Should the library face a claim arising from an infringement of such rights, users are obliged to indemnify the library against such claims.

§ 17 Information and Reference Services, Databases

Enquiries and requests for items from the library’s own or external collections or databases may be processed for a fee, provided that the library’s technical and staffing resources permit this. Costs and charges will be announced via a notice board or by publication on the library’s website.

§ 19 Exclusion of Liability for Services Provided to Users

(1) The library shall not be liable for any damage arising from incorrect, incomplete, omitted or delayed user services or information services.

(2) The library shall not be liable for the loss of or damage to items brought into the library by a user.

(3) The Library shall not be liable for any breaches by users of copyright, licence and intellectual property rights provisions, nor for the consequences of contractual obligations between users and internet service providers; in particular, it shall not be liable for financial obligations arising from orders or the use of chargeable services.

(4) The library shall not be liable for any damage incurred by users as a result of faulty content in the media they use, damage caused to a user’s files or media storage devices through the use of the library’s workstations and the media offered there, or damage caused to a user by the misuse of data by third parties due to inadequate data protection on the internet.

§ 20 Entry into force

(1) These Terms of Use shall come into force on the day following their publication in the Official Notices, the gazette of the university of Wuppertal. At the same time, the Administrative and User Regulations for the University Library of the University of Wuppertal dated 6 November 2001 (Official Gazette 34/01) and the Statutes amending the Administrative and User Regulations for the University Library of the University of Wuppertal dated 10 December 2004 (Official Gazette 61/04) shall cease to have effect.

(2) Issued pursuant to the resolution of the rectorate dated 9 October 2006 and of the Senate of the University of Wuppertal dated 25 October 2006.

Wuppertal, 26 October 2006

Rector of the University of Wuppertal
Professor Dr Volker Ronge