TERMS OF SERVICE
RULES FOR ONLINE CONDUCT
When creating a trial, premium or enterprise account, you are effectively gaining access to publish web content in the eduNEXT servers, so, therefore you agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all export control laws.
As a condition of your use of the eduNEXT services, you will not use the Sites in any manner intended to damage, disable, overburden or impair any eduNEXT server or the network(s) connected to any eduNEXT server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems or networks connected to any eduNEXT server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Sites, its servers or associated computers through any means not intentionally made available through the Sites.
The following actions are strictly prohibited on the sites:
- Publish content that defames, harasses or threatens others
- Publish content that discusses illegal activities with the intent to commit them
- Publish content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks
- Publish profane, pornographic, obscene, indecent or unlawful content
- Advertising or any form of commercial solicitation
- Dissemination of Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and
Publish content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
- Misrepresent or attempt to misrepresent your identity while using the Sites
USER ACCOUNTS AND AUTHORITY
In order to participate fully in Sites, you must provide your name, an email address and a user password in order to create user accounts (“User Account”). You agree that you will not divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
By publishing content on the sites, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the content, and (2) that the submission of your content will not infringe or violate the rights of any third party. You, and not eduNEXT, are solely responsible for your content and the consequences of posting or publishing them.
For as long as you enjoy a free trial account, by submitting or distributing your content, you hereby grant to eduNEXT a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed). Once the services are upgraded to any paid account, EDUNEXT expressly recognizes that all information, text and graphics, as well as designs and learning content related to the provision of services subject of this contract are the exclusive property of the CLIENT and also that the CLIENT will be the only responsible for any eventual infringement of third party intellectual property rights derived from misuse of digital resources in the customer’s site and inside the customer’s courses.
The eduNEXT, edX, Trademarks and Service Marks are trademarks (“Trademarks”) of the respective entities. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe their material has been infringed on the Site should contact eduNEXT designated copyright agent at firstname.lastname@example.org, Attention: eduNEXT DMCA Agent/General Counsel.
Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITES AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED FOR TRIAL SUBSCRIPTORS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
EDUNEXT DOES NOT WARRANT THAT THE SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE SITES, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITES, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. EduNEXT is not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EDUNEXT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,EDUNEXT WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT EDUNEXT HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
It is eduNEXT’s policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers.
If you no longer desire to participate in the Sites, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Sites, but the other provisions of these TOS will survive any such termination.
Entire Agreement. These TOS constitute the entire agreement between you and eduNEXT with respect to your use of the Sites, superseding any prior agreements between you and eduNEXT regarding your use of the Sites.
Waiver and Severability of TOS. The failure of eduNEXT to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Effective Date: 5/24/18