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Terms of Service

Welcome to eduNEXT. Please read these Terms of Service (“TOS”) and Privacy Policy prior to registering for our Open edX platform as a service or using the eduNEXT.co, eduNEXT.io, manage.edunext.co and studio.edunext.co websites (the “Sites”). These TOS, and the Privacy Policy are agreements (the “Agreements”) between you and eduNEXT. By using the Sites, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Sites.

 

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 care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you we collect and how we use that information.

 

COPYRIGHT CONTENT

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).

 

TRADEMARKS

The eduNEXT, edX, MIT, Harvard University and other edX Member Names, 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 contact@edunext.co, 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.

 

MISCELLANEOUS

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.

 

 

PRIVACY POLICY

CONSENT TO PROCESSING OUTSIDE HOME COUNTRY

By using our Site, or providing information to eduNEXT, you understand and unambiguously consent to the collection, use, disclosure and retention of information in the United States and other countries and territories, for the purposes set forth in this Privacy Policy and Terms of Service. You hereby consent to the collection, use, and retention by eduNEXT of your Personal Information as described under this Privacy Policy, including but not limited to the transfer of your personal data between eduNEXT and the third parties, affiliates, and subsidiaries described in this Privacy Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may provide a different level of privacy protection than that available in your own country.

If you do not agree with these terms, then please do not access, browse, or register for the Sites. If you choose not to provide us with certain information required to provide you with various services offered on our Sites, you may not be able to establish a user account and we may not be able to provide you with those services.

PERSONAL INFORMATION  WE COLLECT AND HOW WE USE IT

As used in this Privacy Policy, “Personal Information” means any information about yourself that you may provide to us when using the Site, such as when you sign up for a user account or enter into a transaction through the Sites, which may include (but is not limited to) your name, contact information, gender, date of birth, occupation, etcetera.

We endeavor to limit the collection of Personal Information to what we need with respect to specific Sites activities in order to satisfy business, legal, or regulatory requirements.

We may log the IP address, operating system, and browser software used by each user of the Site, and we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity. Various web analytics tools are used to collect this information. Some of the information is collected through cookies (small text files placed on your computer that store information about you, which can be accessed by the Site). You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Site may not work properly.

USE AND DISCLOSURE TO THIRD PARTIES

Among other things, we and the educational institutions and other leading global members that provide courses through edX (the “Members”) may use the information about you collected through the Site (including your Personal Information) in connection with the following. In cases where we share or disclose your Personal Information: (1) the third party recipients are required to handle the Personal Information in a confidential manner and to maintain adequate security to protect the information from loss, misuse, unauthorized access or disclosure, alteration, and destruction; and (2) we will only disclose and share the Personal Information that is required by the third party to fulfill the purpose stated at the time of collection.

  • To enable the subscriber to provide, administer, and improve the courses.
  • To help us improve eduNEXT offerings, both individually and in aggregate.
  • For purposes of scientific research, particularly, for example, in the areas of cognitive science and education.
  • For the purpose for which you specifically provided the information, for example, to respond to a specific inquiry or provide you with access to the specific services you select.
  • To track both individual and aggregate attendance, progress and completion of an online course, and to analyze statistics on student performance and how students learn.
  • To monitor and detect violations of the Honor Code, the Terms of Service, as well as other misuses and potential misuses of the Sites.
  • To send you updates about the services offered by eduNEXT, our affiliates, or selected business partners that may be of interest to you, or to send you email messages about Site maintenance or updates.
  • To archive this information and/or use it for future communications with you.
  • To maintain and improve the functioning and security of the Site and our software, systems, and network.
  • For purposes described elsewhere in this Privacy Policy (including, e.g., Sharing with Third Parties).
  • As otherwise described to you at the point of collection or pursuant to your consent.
  • To process refunds, as applicable.

We will share information we collect with the Members, and we and the Members may share this information (including Personal Information) with third parties as follows:

  • With service providers or contractors that perform certain functions on our or the Members’ behalf, including processing information that you provide to us on the Site, processing purchases via third party providers, and other transactions through the Site, operating the Site or portions of it, providing or administering courses, or in connection with other aspects of eduNEXT services.
  • For purposes of scientific research, particularly, for example, in the areas of cognitive science and education. However, we will only share Personal Information about you for this purpose to the extent doing so complies with applicable law and is limited to the Personal Information required to fulfill the purposes stated at the time of collection.
  • To provide opportunities for you to communicate with other users who may have similar interests or educational goals. For instance, we may recommend specific study partners or connect potential student mentees and mentors. In such cases, we may use all information collected about you to determine who might be interested in communicating with you, but we will only provide other users your username, and not disclose your real name or e-mail address to your contact.
  • To respond to subpoenas, court orders, or other legal process; to investigate, or prevent, or take action regarding illegal activities, suspected fraud, or security or technical issues, or to enforce our Terms of Service, or Privacy Policy; as otherwise may be required by applicable law; or to protect our rights, property, or safety or those of others.
  • With affiliates of eduNEXT, or with successors in the event of a merger, acquisition or reorganization, for their use consistent with this Privacy Policy.
  • As otherwise described to you at the point of collection or pursuant to your consent.
  • For integration with third party services. For example, videos and other content may be hosted on YouTube and other websites not controlled by eduNEXT.

In addition, we may share aggregated information that does not personally identify you with the public and with third parties, including but not limited to researchers and business partners.

LINKS TO OTHER WEBSITES

The Site contains links to websites published by third parties, including other content providers as well as certain service providers, such as those who process payments on behalf of eduNEXT. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the collection and use of your information by such websites, unless we have otherwise indicated in this Privacy Policy. We encourage you to be aware when you are be redirected to a third party website and review the privacy policies of each website you visit and use.

SECURITY

EduNEXT has a commitment to protect Personal Information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Personal Information that it creates, receives, maintains, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, eduNEXT cannot guarantee its absolute security.

 

PRIVACY CONCERNS

If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access the information we maintain about you, please contact us at contact@edunext.co.

 

 

CHANGING OUR TERMS OF SERVICE OR PRIVACY POLICY

Please note that we review and may make changes to this Terms of Service and Privacy Policy from time to time.   By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Terms of Service Privacy Policy and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Terms of Service and Privacy Policy.

 

Effective Date: October 21, 2016.

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