Terms & Conditions of Use
The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the OPEF VIRTUAL LEARNING ACADEMY website platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by Optimus Education Foundation Cameroon, with a business address Ancienne Route, Bonaberi, Douala, Littoral Region, Cameroon; e-mail email@example.com, (“OPEF VIRTUAL LEARNING ACADEMY” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by Optimus Education Foundation.
A User should read the T&Cs carefully before browsing or accessing the OPEF VIRTUAL LEARNING ACADEMY OR OPEF ACADEMY Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.
These T&Cs include the following sections:
1. Platform general description
2. Categories of Users
3. User Registration with the Platform
4. Specific provisions for Content hosted on the Platform
5. General rules for User generated Content
6. Legal nature of the Platform - Disclaimers – Limitation of Liability
7. Notice & take down process – Report to competent authorities
8. Intellectual Property
12. Applicable Law and Jurisdiction
1. Platform General Description
1.1 Welcome to the OPEF VIRTUAL LEARNING ACADEMY (OVLA) Platform, the l online community for the “OVLA” market, created as an informative, educational and knowledge-sharing platform targeted mainly to students, parents and professionals with the aim to provide Content and Services to enable Users to:
1.1.1 access an online platform where Users can stay up to date with the latest educational content, news and technologies as well as have access to educational and informative material—including, for instance, the ability to revise subject-related content for Cameroon National Exams for English and French speaking students and adults; participate in webinars; find projects, events or job; and participate in other activities offered on the Platform;
1.1.2 share/post Content created by the Company
1.1.3 share/post free and sponsored third-party Content (i.e., Content not created by the Company, which is referred to as “User Generated Content”) to be hosted in the Platform related to the e-Learning market and industry;
1.1.4 connect with e-Learning market professionals and businesses;
1.1.5 receive promotional news and information;
1.1.6 promote products and services that are related to the e-Learning market and industry; and
1.1.7 have access to additional paid Services provided by the Platform (collectively, “Additional Services”), which Additional Services may be purchased under separate orders or agreements with the Company (Purchase T&Cs).
1.2 Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as “Content”):
1.2.1 OVLA Content: The Platform hosts its own Content, including Articles, quizzes, eBooks, Webinars and other items it creates.
1.2.2 Third party Content hosted on the Platform for free: The Platform hosts User Generated Content that is contributed by Registered Users (which User Generated Content is not controlled by the Company), which may include:
· non promotional Articles;
· free directory listings;
· reviews; and
· sales-qualified leads.
Free non-promotional Articles are Articles that include only generic informational Content as further described in article 4.1.2 below, that meets the criteria of articles 1.2.4. and 5 of the present terms and is not designed to promote the specific products or services of any specific party or business. Promotional articles are only hosted as sponsored paid Content (see below).
1.2.3 Third-party Sponsored Content: Sponsored Content is paid Content contributed by Registered Users that promotes (directly or indirectly) products and services of professionals and businesses operating in the e-Learning market and industry. Promotional Content is posted subject to payment of the relevant fees by Registered Users under the terms and conditions set forth in these T&Cs as well as additional terms and conditions applicable for the purchase of such Additional Services as set forth in the purchase terms (“Purchase T&Cs”).
Sponsored Content includes the following types of Content:
promotional Directory listings,
1.2.4 All User-Generated Content (either free or sponsored, collectively referred as “User Generated Content”) must contribute to and be consistent with the informative and educational nature of the Platform regarding the e-Learning market and must follow the general rules of article 5 below as well as any specific rules and guidelines provided in the Platform, including at the point of submission of the Content and/or the purchase of the related hosting Services. The Platform is not involved in any way in the creation of User Generated Content nor does the Company control or initiate User Generated Content. Unless otherwise provisioned in the applicable Terms and/or the Purchase T&Cs, the Company reserves the right (but is under no legal or statutory obligation) to conduct a preliminary review of such Content as provisioned in article 5.3. below and may refuse to post any Content that the Company determines violates or is against the rules or policies of the Platform and/or applicable law. In any case the Platform reserves the right to delete or suspend any Content when it comes to our attention (including but not limited further to a Takedown Notice described in article 7 below) that any Content violates any of our standards or these T&Cs. The Company’s policies aim at ensuring the Platform’s primary nature as an online community and a knowledge-sharing informative Platform of lawful Content for the eLearning market professionals.
1.2.5 Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.
2. Categories of Users
General Notes: The Platform’s Content is mainly targeted to students, parents and professionals. Some parts of the Platform require a User to register and create a User Account in order to preliminarily verify the user’s professional status. Please note, however, that the Platform is not able (and is under no legal or statutory obligation) to confirm or warrant the professional status of any User nor of the correctness, accuracy and the truth of any User’s data. The registration process is used only as a basic verification mechanism to potentially discourage non-professional Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of the Platform as a professional knowledge sharing community and to promote the goals of the Platform.
Users can be divided into the following categories, depending on the Content they can access and/or contribute, as well as their purchase of Additional Services from the Platform:
2.1 Users: All Users visiting the Platform, can browse the Platform and have access to informative Content. Where the Content posted on the Platform is sponsored by contributors, we will identify that such Content is sponsored. All Users can access Articles, comments, reviews, Directory listings, Events, Press Releases and Job postings and they can also submit sales-qualified leads.
2.2 Registered Users: Registered Users are Users who register and create a User Account with the Platform in order to have access to more advanced informative and educational material as well as to be able to contribute Content to the Platform. Registered Users can:
2.1.1 obtain access to premium informative Content;
2.1.2 contribute/upload informative, non-marketing/non-promotional Content to the Platform for free,
2.1.3 download eBooks and Webinars hosted on the Platform if required;
2.1.4 submit Reviews; and
2.1.5 submit free Directory listings.
2.3 Clients: (“Client Users” or “Clients”) are Registered Users who purchase educational content, any of the Additional Services provided from the Platform from time to time as provisioned in the Purchase T&Cs.
3. User Registration with the Platform
3.1 To register with the Platform and create a User Account, a User may either:
3.1.1 register on-site, by filling in certain professional personal details (name and e-mail address); a User is then required to confirm registration by clicking on an activation link which is sent to the User at the email provided, for verification purposes; registration can be manually activated; or
3.1.2 possibly register via a profile on LinkedIn, facebook, gmail; Users who sign-up through LinkedIn, facebook or google account could be automatically activated, as it is considered that their email verification (double opt-in) has been already executed at the time of their registration in LinkedIn, facebook or google account..
3.2 Upon registering to the Platform, a Registered User creates or is allocated: i) a User Account, including the above mandatory professional personal data and ii) a User Profile where each registered User can provide any personal data it wishes to voluntarily provide. More specifically:
3.2.1 “User Account”: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.
3.2.2 “User Profile”: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users. However, note that for some actions it might be necessary to make the User Profile visible to other Users and reveal some User Profile data depending on the nature of the Content uploaded by the User (for example data necessary for Content reliability and attribution purposes).
3.3 (a) Where a Registered User is a legal entity, the natural person that opens the User Account on behalf of such Registered User warrants that he/she has the legal capacity and power to (i) act on behalf of and to represent the specific legal entity/Registered User, (ii) proceed with the registration of the User to the Platform and the creation of the User Account and the User Profile, (iii) accept the present Terms and Conditions and all other policy and informative documents in the Platform (including but not limited the warranties, declarations and assignments undertaken from time to time by the Registered Users) and (iv) provide orders (such as indicative purchase orders) and to make payments to the Platform on behalf of and in the name of the registered legal entity.
(b) Where a Registered User is a legal entity represented by another legal entity (i.e. a Marketing Agent or other agent—the “Agent”), the Agent acting through the natural person that creates the User Account and the User Profile on behalf of the Registered User-legal entity provides the same warranties and representations as above. The same warranties and representations apply in case an Agent acts on behalf of diverse legal entities and/or professionals through its (the Agent’s) Account.
In both a) and b) above, the legal entity registered as a Registered User and/or Client shall be responsible and liable towards the Company/Platform for all of the above as further provided in article 3.8 below.
3.5 The Platform reserves the right to refuse to open a User Account and/or to refuse any Content submitted by a Registered User, and/or to delete or suspend the User Account and the related User Profile if it comes to the attention of the Platform and/or if it is notified by a third party that the Registered User is not a professional and/or the User Account/Profile has fake or false or non-accurate data, at any time. Also, the Platform reserves the right to terminate the User Account as provided in article 9 below.
3.6 Account name and Password:
3.6.1 Registration on-site: If a User signs up on site in the Platform, his/her registered email shall automatically become the account name or be assigned a username or asked to make one up; the User can change it any time with another account name. This practically means that, to change his/her account name to the Platform, the User will also have to change the e-mail address or use another e-mail address. Τo complete the creation of the personal User Account, Platform shall automatically generate a default password and send it to the email address of the User. The User shall then enter the User’s User Account by activating the default password. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s email in order to change the password. The account name and password shall identify uniquely each User in the Platform.
3.6.2 Registration via LinkedIn: In future users will be able to use LinkedIn login details. In case a User registers via his/her LinkedIn account, the name such User uses on LinkedIn will also appear as his/her Account name. In this case, where a User logs in using LinkedIn, the User will not select a new password, but will sign-in through LinkedIn. In case a User forgets his/her password, he/she must follow the password retrieval procedures of LinkedIn further to its (LinkedIn) applicable Terms and Conditions and processes. Otherwise access and use of his/her Account and Profile in the Platform will not be possible.
3.6.3 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such User’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.
3.7 Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at firstname.lastname@example.org, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. Optimus Education Foundation will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User referred to in 3.4. above.
3.8 Deletion of a User Account:
3.8.1 If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may e-mail the Platform at email@example.com with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, OPEF will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article 9 below also apply.
3.8.2 A Registered User acknowledges that by submitting a request to delete the applicable User Account, Optimus Education Foundation will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.
3.8.3 If a User has purchased Additional Services, the deletion of the User Account might not allow the execution or the continuance of some Additional Services, if in order to receive those Services it is necessary to have an active User Account. In this context, the Purchase T&Cs for the provision of Additional Service would apply as well, as provided in the purchase terms.
3.8.4 OPEF reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, including but not limited to the provisions of article 9.4 below as well as the applicable overall Purchase T&Cs (in case of Additional Services); all other provisions of the present article 3.9 shall apply respectively.
4. Specific Provisions For Content Hosted On The Platform
4.1.1 Access and reading of Articles:
(a) All Users can access and read articles hosted in the Platform subject however to their User category as laid down in articles 2.1.-2.3. above; these articles are created by the Platform or by the Registered Users (as free or paid or sponsored User Generated Content)
(b) Users can generally browse the articles by category and topic; at the end of each article Users may also find tabs with proposed topics related to the topic of the chosen article in order to re-direct to the suggested article category in the Platform or other relevant Content.
(c) Articles remain available to the Platform for as long as the Registered User/author of the article maintains an active User Account.
4.1.2 Ability to post Articles for free and/or sponsored:
(a) Registered Users can submit non-promotional articles of generic informative nature to be uploaded in the Platform for paid or free as User Generated Content as provisioned in article 1.2.2 above.
(b) Unless otherwise provided in the Platform or herein, submitted articles must be original and have not been published previously through the Registered User’s or any other third party’s digital means (e.g. platform, blog, website, social media account, or similar mediums).
(c) 10 business days after the posting of an original Article in the Platform, a Registered User can then re-publish/upload that article through its own or third party digital means (e.g. platform, blog, website, social media account etc.)—the applicable period of time shall be determined based on the specific guidelines provided by the Platform.
(d) When a Registered User posts an Article, its User Profile data will become visible to other Users for attribution and credibility purposes. Each Registered User though has control over the volume and the type of data to be included in the User Profile as mentioned in article 3.3.2 above.
(e) Registered Users who wish to upload sponsored, promotional articles, must become a Client and purchase Additional Hosting Services - click here.
4.2 Ability to submit Comments:
4.2.1 All Users may read and post (as User Generated Content) comments on any Article (free or sponsored) hosted in the Platform, using the third party online public comment sharing platform used by the Platform, which sharing platform has its own terms and conditions as set forth in its terms of service (the “Comments Platform”).
4.2.2 To post comments, a User is not required to have a User Account in the Platform, but must register and open an account with the Comments Platform; a User must maintain that account in order for the applicable comment to remain visible on the Platform. It is noted that if a User deletes his/her account with the Comments Platform, any comments posted in the Platform could be also deleted and no longer be visible on the Platform either, subject to the Comments Platform terms and conditions.
4.2.3 Registration in the Comments Platform, as well as the posting of comments shall be subject to the Comments Platform’s Terms and Conditions (including all policy documents and privacy notices therein) which the User accepts upon opening an account with the Comments Platform and/or at any other time. The Company is not party to the above agreement(s) and does not control or have any responsibility regarding the Comments Platform’s Terms and Conditions and/or its services.
4.2.4 The Company does not (and is under no legal obligation) to review the comments Users upload in the Platform via the Comments Platform. However comments must also follow the rules set in article 5 below and Platform reserves the right to delete a comment if it determines in its discretion that there is a violation, in case it receives a Takedown Notice pursuant to article 7 herein, or for any reason it determines.
4.2.5 In any case the Comments Platform may, prior to uploading the comments, submit them to the Company for high level review for consistency and obvious infringements purposes; the above process is subject to the Comments Platform terms and conditions and at the Comments Platform’s own discretion when it considers that any comment is infringing and/or violates applicable legislation. In such case too, the Company does not control or initiate in any ways the third party content and its actions are only limited in the aforementioned high level review. OPEF reserves the right to request the Comments Platform to remove a comment where it violates the Platform’s rules for User Generated Content, as per article 5 below, or as otherwise determined by the Platform.
4.2.6 OPEF shall in no manner be liable for any damage caused as a result to the use of the Comments Platform, as well as in case it takes down any Content uploaded in violation of article 5 below or further to a Takedown Notice as per article 7. OPEF does not endorse nor in any way represents any opinion expressed by the Users through the comments. OPEF holds no responsibility for any loss or damage that may be caused to any third party and/or User due to the views of the Users posting the comments.
4.2.7 The present Terms and Conditions apply mutatis mutandis to the posting of comments by Users through the Comments Platform.
4.3.1 e-Books are either created by the Platform or sponsored by Clients (as sponsored User Generated Content).
4.3.2 Registered Users can only upload eBooks subject to payment of a subscription fee. Those who are interested in uploading an e-Book can click here to purchase the relevant paid hosting service, which is subject to the Purchase T&Cs . A Client who uploads an e-Book is referred to as a “Client/author.”
(a) Access and downloading of eBooks
4.3.3 The content of e-Books is addressed to professionals who are interested in being further informed and to learn additional details with regard to processes, services and products available in the eLearning market. In order to ensure, to the extent possible, that only professionals will have access to such e-Books, access is limited to only Registered Users as provisioned in article 3 above. Such registration data are not available and are not transferred to any third party (including but not limited to the Client/author of the e-Books).
(b) Special rules applicable for e-Books created by Clients/authors and hosted in the Platform
4.3.4 Registered Users can download eBooks created by Clients/authors that are posted in the Platform. eBooks are hosted in the Platform for a specific period of time and are available for as long as the Client/author has an active subscription with Optimus Education Foundation. After the lapse of such period, the eBook will no longer be available for downloading from the Platform.
4.3.5 eBooks are either Premium eBooks, created originally for the Platform, or Imported eBooks, i.e. eBooks that Clients republish in the Platform. Users can browse eBooks by topic category and/or other available criteria.
4.3.8 With regard to the personal data collected by the Client/author as explained in Section 4.3.6, the Platform acts solely as a data processor and/or service provider under the instructions of the Client/author who is the data controller. Platform does not determine, and does not control the collection, use and processing of such data by the Client. Platform merely provides collection and hosting services to the Client/author for as long as the Client has an active paid hosting contract with the Platform. Registered Users can contact directly the Data Controller for any issue with regard to their personal data and the exercise of their rights.
(c) Special rules applicable for e-Books created by the Platform
4.3.9 Registered Users can download eBooks created by the Platform.
4.3.10 Optimus Education Foundation eBooks shall be available on the Platform for as long as the Platform decides at its discretion.
4.4.1 Webinars are either created by the Platform or sponsored by Clients (as sponsored User Generated Content);
4.4.2 Registered Users can only upload Webinars subject to payment of a subscription fee. Those who are interested in uploading a Webinar, can click here to purchase the relevant paid hosting service. Clients who upload Webinar Content are referred as “Client/organizers”
(a) Access and participation in /viewing of Webinars
The content of Webinars to be uploaded to the Platform is to be addressed to professionals who are interested in being further informed and learning additional details with regard to processes, services and products available in the eLearning market. So, in order to reassure, to the extent possible, that only professionals will have access to such Webinars, access is limited to only Registered Users , as provisioned in article 3 above. Such registration data are not available and are not transferred to any third party (including but not limited to the Client/organizer of the Webinars).
(b) Special rules applicable for Webinars organized by Clients/organizers and hosted in the Platform
4.4.3 Webinars may be scheduled to take place on a specific time/date set by the Client/organizer; Registered Users can opt to participate real-time or watch them on demand, if that option is available from the Client/organizer. At the point of registration to the Webinar, the Registered User will be informed accordingly.
4.4.4 Registered Users can browse Webinars by topic category and/or other available criteria. Each on-demand Webinar shall be available to the Registered User for as long as the Client has an active subscription and Client Account with Optimus Education Foundation. After the lapse of such period, the Webinar will no longer be available on the Platform.
4.4.5 Registered Users are in some cases provided with the option to select to receive a free consultation after the Webinar from the Client/Organizer. The request for the provision of a free consultation is sent directly from the Registered User to the Client/organizer; then the Client/organizer may contact the Registered User. Consultation is arranged and executed directly between Client/organizer and the Registered User; in any case consultation is provided by the Client outside of the framework of the Platform. The Platform is not involved in the provision of any consultation services by a Client and as such does not guarantee the quality of and the reliability of the services offered by the Client/organizer. Platform shall not be liable for any damages caused to the User and/or the Client/organizer and/or any third party from the provision of the free consultation as per the above.
4.4.6 In order to register a User for a Webinar, the Client/organizer shall request the Registered User to provide some personal data a) in order to be able to book a participation at the Webinar and/or b) for additional purposes identified by the Client/organizer at its sole discretion. In the above cases too, Platform shall process data only as data processor on behalf of the Client/organizer who is the data controller; the provisions of articles 4.3.6.-4.3.8. above shall further apply.
4.4.7 Each Client/organizer that organizes and uploads a Webinar in the Platform is solely responsible for the content of the Webinar as well as its appropriate execution. Indicatively (but not exhaustively) each Client/organizer shall be responsible for the selection of the Webinar presenters/speakers (their qualifications, level of education, suitability for the Webinar, etc.), the topics to be discussed, the availability of the tickets and/or the free slots to each Webinar and/or if the Webinar is cancelled and/or rescheduled, as well as for the Content included and presented in the Webinar. Platform cannot (and is under no obligation to) review any of the above and bears no responsibility for such items or Content.
(c) Special rules applicable to webinars organized by the Platform.
4.4.8 Registered Users can also participate in Webinars that are organized by the Platform.
4.4.9 For Webinars that are scheduled to take place on a specific time/date; Registered Users can opt to participate real-time or watch them on demand, if that option is available by the Platform for a specific Webinar. At the point of registration to the Webinar, the Registered User will be informed accordingly.
4.4.10 Each on-demand Webinar shall be available to the User for the time specified at that point of registration to the Webinar.
4.4.11 In order to process registration for a Webinar, the Company might request the Registered User to provide additional personal data for communication purposes In that case articles 4.3.12 and 4.3.13. shall apply respectively.
4.5.1 Platform operates a “Job Openings” section. Registered Users can publish their job listings to find candidates for their Job Openings (positions must be related to the e-Learning market) subject to payment of the relevant fee (sponsored User Generated Content). Those who are interested in uploading a job listing can click here to purchase the relevant paid hosting service.
4.5.2 Users can search for a Job Opening to which they can apply for free. In order to search for a job that matches their criteria, Users can apply certain filters (e.g. industry, level of education, employment type, functions etc.). Users can then directly submit their application to the relevant Clients under the applicable terms and conditions of each Client. A Job listing shall be available on the Platform at the applicable Client’s discretion (Client’s contact details shall be available for as long as the Client has an active listing contract with the Platform). Clients can delete a Job Opening listing, at any time, by contacting firstname.lastname@example.org.
4.5.3 Platform provides this Job Opening section as an open forum where the Users may find companies/Clients offering jobs that match their criteria and, accordingly, companies/Clients may find candidates for their job openings. Platform does not guarantee that Users will find a job opening that matches their criteria and/or that they will be hired by any company/Client searching for candidates to fill their job openings nor does it participate in the recruitment process. Also, Platform is not responsible for the duration of the job opening and if the job has been covered.
4.6.1 Access and viewing of Directory listings:
(a) All Users can access the Platform listings that are included in a Directory where they can find, compare and review professionals and businesses engaged in the e-Learning market. The Directory tool in the Platform operates as an automated search engine, allowing Users to find eLearning professionals and businesses, enabling the eLearning professionals and businesses to be visible to the Platform’s online community.
(b) Listings are:
(i) Free (see paragraph 4.6.2 below);
(ii) Sponsored by Clients who wish to optimize their visibility and promote their listing; and/or
(iii) Posted by the Platform, which collects the listings from publicly available sources where the listings were published for similar, compatible purposes.
Where a listing is sponsored, it will be noted in the Directory. A sponsored listing may vary based on the amount paid by the sponsor. Listing a business or individual in a directory does not represent that the Platform has vetted or recommends any such business or individual.
(c) Users can browse through the listings per product category (e.g. authoring tools, project management software etc.) and/or other available criteria. The Directory listings in each product category are displayed by default in the following order:
(i) Sponsored results, i.e. listings paid by Platform Clients. The order in which sponsored results are displayed is further determined by the amount paid by each Client.
(ii) Free Listings are categorized according to their rating (pursuant to reviews submitted by Registered Users – see paragraph 4.6.3 below).
(iii) The remaining listings in the Directory are in alphabetical order and Optimus Education Foundation does not determine the order of display.
(d) Users can specify their search and sort the results by applying certain criteria (e.g., indicatively but not exhaustively, pricing model, type of license, features, use cases etc.). Also, Users can compare each listing with other similar competitive products under specific criteria indicated in the Platform by using the relevant tool available in the Platform. The comparison results are automated and based on the information provided by the Registered User who uploads the listings and therefor the Platform disclaims and is not liable for any inaccuracy and/or fault of the results.
(e) The Directory listings may include links to third party websites which include Content for which Optimus Education Foundation has no control or liability as laid down in article 1.2.5. above.
(f) The Platform may also conduct a statistical analysis of the listings and make such data available to Users, together with a guide on how to read and evaluate the information. Any statistical analysis will include only anonymous aggregated data and will not identify any individual User.
4.6.2 Submit a free and/or sponsored Directory listing:
(a) Registered Users can get listed in the Directory for free (through User Generated Content).
(b) To submit a free listing, a Registered User must choose the product/service category in which such Registered User wants to be listed and provide applicable company professional information, as well as a detailed description of the User’s business and e-Learning solutions/products. Registered Users must also follow the rules and guidelines of the Platform defined in article 1.2.4. above. The Platform is not involved in the creation of the listing and/or the links provided by the Registered Users.
(c) By submitting Content for a free listing, in addition to any other representations made by the User, the submitting User declares that: i) such User acknowledges that the User’s products/services will be subject to review from other Users and, based on those reviews, a rating shall be generated that will be visible to all Users and that those ratings will determine the order of display of the listing in the Directory; ii) such User warrants that any links to another website will direct Users to lawful Content and/or transactions, for which the Registered Users or third party will bear full responsibility and liability.
(d) Registered Users can delete their Directory listing, at any time, by contacting email@example.com.
(e) Ιf a User wishes to purchase a sponsored listing in the Directory, the User should click here
(a) Registered Users can submit a review of a product or service which is listed and appears in the Directory in order to assess specific criteria and features of the products and services listed included in the relevant questionnaire.
(b) In order to ensure the validity and truth of the reviews, the following shall apply:
(ii) Portions of the Registered User’s Profile User data shall be visible to the public along with its review. The User can determine which data will be visible. It is noted that by default, the Platform will not make visible for the review data that are filled in under the field “surname”. Optimus Education Foundation shall extract automatically the ratings provided by the Registered Users based on the information provided in the reviews by Users and the Platform disclaims and is not liable for any inaccuracy and/or fault of the ratings.
4.7.1 The Platform operates an Event listing section. Registered Users can publish Events that are relevant to the e-Learning market, (including for example scheduled conferences, congresses, events, seminars, symposiums, and workshops) in the Events section, subject to payment of the relevant fee for sponsored User Generated Content. Registered Users who are interested in uploading an Event can click here to purchase the relevant paid hosting service.
4.7.2 All Users can access information about Events and browse Events by category and/or other available criteria.
4.7.3 Registered Users sponsoring Events are responsible for the lawfulness of the Events and of the accuracy and truth of all information provided. The Platform shall in no manner be responsible or liable for the availability of any tickets and/or seats and/or places for any Event, including if the Event is cancelled and/or rescheduled.
4.7.4 Events may include links to third party websites which include Content for which Optimus Education Foundation has no control or liability (see also articles 5 and 6 below).Where links are provided to third party websites, Users are redirected directly to that third party’s website and content, outside of the Platform’s environment and hosting services.
4.7.5 Registered Users who want to post an Event can click here to purchase a paid hosting account. In order to post an Event, the Registered User must follow the general guidelines of article 5 as well as the specific guidelines provided from the Platform at the point of submission of the event. Registered Users can delete their Events listing, at any time, by contacting firstname.lastname@example.org
4.8 Press releases:
4.8.1 The Platform operates a Press Releases section. Registered Users can publish their press releases that are relevant to the e-Learning market, subject to payment of the relevant fee (sponsored User Generated Content). Those who are interested in uploading a Press Release can click here to purchase the relevant paid hosting service
4.8.2 All Users can access Press Releases posted by Platform’s Clients in the Press Releases section.
4.8.3 The Press Releases may include links to third party websites, for the Content of which Optimus Education Foundation has no liability (see further article 6). Where links are provided to third party websites, Users are redirected directly to that third party’s website, outside of the Platform’s environment; in that case, no third party content is hosted in the Platform.
4.8.4 Registered Users who want to post a Press Release can click here to purchase a paid hosting. In order to submit a press release, the Client must follow the general guidelines of article 5 as well as the specific guidelines provided from the Platform at the point of submission of the Press Release. Registered Users can delete their Press Releases, at any time, by contacting email@example.com.
4.9.1 Users may subscribe to the Platform’s newsletter to receive news about the eLearning market from the Platform and from its Clients (consent). Newsletters may include news in general about the eLearning market, the Platform and its Clients or news dedicated to a specific Client. Newsletters are sent on a daily or weekly basis, depending on the frequency selected by the User. Subscription to the newsletter is effective when the subscribing User activates the subscription link, he/she will receive at his/her email address after requesting to subscribe (confirmation of consent).
4.9.2 Each User can unsubscribe from the newsletter at any time, by clicking the “unsubscribe” button at the end of each newsletter.
4.9.3 To subscribe to the newsletter database, a User is required to provide a name and e-mail address, as well as some additional information for User segmentation purposes (to be submitted voluntarily from the Users).
Articles in the newsletter may include links to third party websites and Content, for which Optimus Education Foundation has no control or liability as laid down in article 1.2.5. above.
4.10 Qualified Leads:
4.10.1 Users who are looking for specific e-Learning market products or services, can submit their interest (“lead”) by filling in a form with all necessary information (e.g. specs, price range, period of availability, quantity, and other relevant information) regarding the product or service they wish to purchase from professionals and businesses operating in the e-Learning market that are Registered Users of the Platform. The submitted form will be considered as a request for proposal (RFP) directed to Registered Users who are Clients of the Platform registered in the Qualified Leads section. By submitting an RFP, the User is consenting that the User’s name and contact information, as well as other information included in the RFP, will be provided to the applicable Clients and that Clients who are interested in responding to the RFP may contact Users directly as described in article 4.10.3 . There will not be a mechanism permitting the submitting User to limit or customize what Clients may receive the RFP and such information.
4.10.2 The Platform will automatically match the submitted RFP with services and/or products provided by those Clients. This automated matching process is based on information provided by the Client regarding such Client’s services and products in a specific questionnaire submitted to the Platform, and therefore Platform is not liable for any inaccuracy and/or fault of the matching results, due to inaccurate or faulty information provided by the Client.
4.10.3 The Platform shall then inform Clients who have been awarded with the best matching scores vis a vis the RFP whether they wish to send an offer for that RFP. The Clients who wish to contact the User will be provided with User contact details upon submission of a relevant fee to the Platform (as a remuneration for the matching process) subject to payment criteria set by the Platform. Client may then contact the User directly.
4.10.4 Users are under no obligation to accept any offer submitted by a Client as a reply to the User’s RFP nor to reply or to make any actions with regard to any such offer. In any case negotiations and/or any contract execution and purchase based on the RFP and the offer shall be conducted and/or concluded directly between Users and Clients outside of the Platform and without involvement of Optimus Education Foundation.
4.10.5 Optimus Education Foundation will not be involved with nor participate in the negotiations and/or contracts between a User and a Client. Optimus Education Foundation’s involvement is strictly confined to conducting the above “match-making” process based on the information provided by the User in the RFP and the Clients in the questionnaire, respectively. The Platform does not (and is under no obligation to) review the information provided by either a User or a Client and cannot (and is under no obligation to) guarantee the appropriateness and the fitness for a particular purpose of the product or services provided by the Client.
4.10.6 Users that submit a lead hereby acknowledge that the Platform will transfer the User’s contact data submitted in the RFP to the Clients as above, in order to contact him/her with regard to the RFP submitted. Client acts as an independent data controller and Platform is not liable for any actions and/or omissions of the Client. User should contact directly the Client to exercise the applicable data subjects’ rights. Users can however inform Platform if they do not wish to get contacted by the specific Client in the future via the Platform. Platform reserves the right to suspend and/or delete any Client in case it is notified from any User of any violation of the above.
5. General Rules for User Generated Content
5.1 What can be posted:
5.1.1 As already mentioned in article 2 above, Registered Users can upload to the Platform without payment to the Platform only informative, “non-promotional” Content, i.e. Content focusing in general on the e-Learning market that does not serve as promotional activities (directly or indirectly) of the products and/or services of one (or more) professionals or businesses. This free Content must be lawful as well as consistent and relevant to the Platform’s informative nature for the e-Learning market and its targeted audience. Further, a Registered User submitting any Content must have the legal rights to submit such Content as contemplated by the Platform.
5.1.2 For example such free Content may be related to non-promotional information regarding indicatively (but not exhaustively) the following topics:
eLearning and instructional design best practices
Optimus Education Foundation news
eLearning problems and how you solve them
Personal experience with educational technologies such as LMS and authoring tools
eLearning—company/product directory listings
5.1.3 In case any Registered User wishes to upload any promotional Article (namely Content that promotes directly or indirectly the products and/or services of one or more professionals or businesses) it can purchase a paid hosting subscription as following:
(a) Registered Users can also upload for free Directory Listings or chose to enhance visibility of their listing by paying an additional fee
eLearning-paid Directory Listing
(b) Registered Users can also upload the following Content after paying the relevant subscription/fee:
eLearning – related eBooks
eLearning – related Webinars
eLearning – related Events
eLearning – related press releases
5.2 User responsibility for any type of Content (free or sponsored) submitted in the Platform:
5.2.1 Each Registered User is responsible for any User Generated Content created and/or uploaded in the Platform by such User. Optimus Education Foundation does not participate in the creation of such User Generated Content and does not initiate nor does it have any knowledge or control over any such User Generated Content. Registered Users must take all prudence not to upload any User Generated Content that contains illegal material (of any type) nor to create Content that could result in any illegal act or omission (of any type) nor violate the Terms and Conditions nor any other guidelines posted in the Platform and declaration undertaken by the Registered User with regard to the Content.
5.2.2 By submitting any Content to upload to the Platform, the User represents, warrants and agrees as follows:
(a) All Content submitted for posting in the Platform does not infringe third party rights; the User is in compliance with and shall comply with all laws, rules and regulations applicable to the use of the Platform and the uploaded Content, including but not limited to applicable copyright and data protection laws;
(b) The User is either the copyright owner of the Content being uploaded or has the lawful right to upload such Content to the Platform and to provide a license agreement to the Platform in order to host the Content and make it available to the public through the Platform without territorial or other limitations, as well as to other social media accounts owned by the Company (indicatively LinkedIn, Facebook, Twitter and Google+ and/or as is further and in specific provisioned in the Platform from time to time) under the provisions set forth herein.
(c) The User acknowledges that the Content generated and posted represents the User’s views and opinions and not the Platform’s opinions or views and that the Platform does not necessarily endorse or agree with any such views and opinions by hosting the Content on the Platform;
(e) Where the Content includes the images and/or any other personal data of third parties (e.g. Webinar presenters), the Client is the sole responsible party to inform such third parties in detail about the use of their images and to ensure that the third parties have granted their free and informed consent to include the third party personal data in the content that the Client uploads in the Platform and to provide appropriate proof when so requested. The Client represents and warrants that all such permissions and licenses have been obtained or granted before uploading any Content.
(f) Without limitation, the Registered User represents, warrants, agrees and guarantees that it shall not upload any Content (or link to any Content) nor proceed to any action in or through the Platform that is illegal. Indicatively and non-exhaustively, and will not post nor act in any way that:
(i) infringes or violates another party’s intellectual property rights (such as content, music, videos, photos or other materials for which they do not have written authority from the owner of such materials to post on the Platform), including any party’s right of publicity or right of privacy; or
(ii) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
(iii) violates any law, statute, ordinance or regulation; or
(iv) is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
(v) promotes or encourages violence against a person or damage or destruction of property; or
(vi) is inaccurate, false or misleading in any way; or
(vii) promotes any illegal activities; or
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(ix) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
(x) infringes the personality right as well the right of privacy and/or protection of personal data; or
(xi)promotes unfair competition and unfair commercial practices and/or violates competition rules
(h) When under the guidelines set by the Platform a Registered User must upload a new original Content (created especially for the Platform), the Registered User solemnly declares and represents and warrants that such Content is original and has not been previously posted or circulated.
The above reflect solely examples of prohibited material and are not intended to be exhaustive of what constitutes prohibited User Generated Content.
5.2.3 Warranties and Liability of the User: By submitting any content to be uploaded in the Users warrant to the Platform compliance with the provisions of article 5.2.1. and 5.2.2. above, as well as with the terms of the present and with any other declarations and acknowledgements undertaken in the Platform from time to time. Each User acknowledges that he/she bears the responsibility to compensate, defend, hold harmless and exempt the Platform and its directors, officers, employees, consultants, representatives and affiliates from any, and all, claims by third parties’ liability, damages and/or costs (including, but not limited to legal consultants’ fees) which occur as a result of or in connection with the Content they upload or from the breach of the present terms or in case any other User or third party turns against the Platform in relation to any Content they have uploaded to the Platform or in connection to the use of the Platform or the services. In addition, Users acknowledge that they shall respect the notice and take down process of the Platform set in article 7.
5.3 Review of Content:
5.3.1 Platform does not and is under no legal obligation to systematically monitor and/or review any Content created or uploaded in the Platform.
5.3.2 In some cases, in order to ensure that the Content the Users post on the Platform is in line with the Platform’s scope as an informative and educational online community of lawful content for the e-Learning market professionals, Platform conducts a preliminary high-level review of the Content. This review focuses mainly on assessing whether Content is consistent with the Platform’s purpose, that Content is legible and can be easily found by Users as well as to identify potential obvious infringements. Such high-level screening is in principle automated, based on general predefined rules and guidelines provided to Users and includes:
(i) relevance to the topics within the Optimus Education Foundation, as analyzed above under paragraph 5.1;
(ii) suitability for the eLearning audience;
(iii) (for free Articles) that the Content is not evidently self-promotional (i.e. principally with the purpose to market the products and/or the services of the Registered User) and does not solely serve promotional purposes (in line with the Platform’s business model whereby Registered Users who wish to be provided with paid hosting, marketing and consulting services must pay for them—see also article 2.3 above);
(iv) (where applicable) that the Content has not already been published on the User’s or third party’s digital means; and/or
(v) that the Content is not obviously and evidently infringing any third party intellectual property rights or otherwise illegal or inappropriate. Without limiting the foregoing, any Content submitted by a User must not:
contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
violate any party’s legal rights (including rights of publicity and privacy);
contain any material that could result in civil or criminal liability;
conflict with these T&Cs or any other applicable policy;
be likely to deceive any person;
advocate, promote or assist any illegal or unlawful activity;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent the identity or affiliation of the user or any other party;
involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, other than as conducted by the Platform; or
appear as if they are sent by or endorsed by us or any other person, if this is not the case.
(b) Extracting metadata provided by Registered Users to help other Platform and Registered Users locate the Content.
(c) Indexing and displaying links to related Content based on an automated algorithm.
(d) For legibility and presentation purposes (indicatively, breaking-down the text into smaller paragraphs, adjusting the fonts and applying other formatting characteristics).
It is specified that review of the Content by the Platform can include some or all of the above activities depending on the type of Content uploaded in the Platform. It is clarified that some parts of Content uploaded cannot be reviewed by the Platform such as (indicatively) the contents of a Webinar; the truth and accuracy of Events, Job Openings, Press Releases; or the links to third party websites and Content.
5.3.3 The Platform reserves the right to refuse to upload any Content that does not successfully pass the above high-level review in the Platform’s sole discretion. In addition, the Platform reserves the right (but is under no legal obligation) to make grammatical or spelling corrections to the Content. Any manual intervention that could be necessary is solely made to facilitate this typical check. In any case whatsoever, the above review, when conducted by the Platform is conducted notwithstanding the Users obligations and the guarantees undertaken by Users with regard to the Content as laid down in article 5.2. above and does not limit nor exclude in any way that liability of each User and his/her obligation to hold harmless the Platform in case of any breach or violation, as further described in article 6 below.
5.3.4 The Platform acts principally as the automated, technical and neutral host of the Content that is uploaded by Users. Any Content review of User Generated Content only aims to ensure that Content is coherent and consistent with the Platform’s purpose and to identify obvious infringement and we do not guarantee (nor control or initiate) the Content’s lawfulness and/or fitness for a specific purpose. Regarding the legal nature and the limitations of liability of the Platform article 6 below is applicable.
6. Legal Nature of the Platform - Disclaimers – Limitation of Liability
6.1 Legal nature of the Platform:
6.1.1 In addition to hosting its own Content, the Platform principally acts as an intermediary service provider that: (a) Hosts and stores information and data at the direction of its Users and (b) Provides links or other tools for locating content online
6.1.2 Platform is also a provider of Additional Services including: (a) consulting services and (b) marketing tools
6.1.3 With regard to the Services referred to in article 6.1.1 the Platform acts as an intermediary information service provider that hosts information and data at the direction of its Users—the Platform does not control or solicit User Generated Content but allows Registered Users to upload such Content to promote the purposes of the Platform. In this context, Platform acts as the automated, technical and neutral host of the Content that is uploaded by Users. It is each User’s obligation to follow the strict rules of the Platform regarding copyright protection and lawful Content provision in general. Given the nature of the Platform and the Content, it is not possible for the Platform (and it is under no legal obligation) to constantly monitor the Content uploaded by User’s nor to actively seek facts or circumstances to confirm intellectual property rights and monitor for all inappropriate or illegal activity. However, the Platform intends to take reasonable precautionary measures (including but not limited to the measures specified under article 5.3 above and article 7 below) to prohibit obviously illegal activity.
6.1.4 It is clarified that except for Content it expressly creates, the Platform is not intended to act and should not be regarded as a publisher. To mitigate the possibility of inappropriate content, the Platform has put in place and apply the aforementioned reasonable precautionary measures and undertakes reasonable efforts not to post infringing, unlawful or undesirable Content. In addition as also mentioned in the present terms, the User Generated Content depicts the opinions and the views of the User/author which are not initiated, controller or endorsed by the Platform.
6.1.5 In any case whatsoever, in any Services provided by the Platform (including Additional Services), Platform does not conduct a comprehensive review of any Content, does not control nor initiate User Generated Content nor the actions of the User, nor does Platform guarantee (nor control or initiate) the Content’s nor any activities’ undertaken by the Users lawfulness and fitness for a specific purpose. Although as part of consulting services the Platform may identify topics and areas of Content a User may wish to explore or publish on, it is ultimately the decision and action of the Registered User in determining what Content to create or upload. Each registered User uploads Content and conducts any activity in or through the Platform must make those representations, warranties and guarantees to the Platform as set forth in article 5.2 above and without any interference nor control by the Platform. All User Generated Content and actions undertaken by the Users express their own opinion and views and hosting of any Content is not an endorsement of any opinions and views expressed by the Users.
6.2 The Platform and the User Generated Content uploaded in it may contain hyperlinks (links) to third-party websites. Platform does not control nor review the Content of such links and bears no responsibility for the Content and the services of those third party websites, nor does it warrant the continuous and safe accessibility to them as laid down in article 1.2.5. above.
6.2.1 The Platform does not guarantee and is not responsible or liable for the accuracy, legitimacy, truth, reliability, quality, or adequacy for the intended purpose of the User Generated Content (both sponsored and free) uploaded in the Platform. Each User accesses the User Generated Content hosted in the Platform as well as any other third-party website at his /her own exclusive risk, subject to any terms or agreements with the providers of such Content or websites. In any case, Optimus Education Foundation bears no responsibility for User Generated Content (both sponsored and free) hosted in the Platform, as well as the activities undertaken by Users through the Platform. Each User shall be fully liable for any Content created and distributed by such User (as laid down in article 5 above).
6.3 The Platform and the Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, Optimus Education Foundation does not provide and expressly disclaims warranties, conditions or undertakings of any kind in relation to the Services, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by Users from Optimus Education Foundation or through the Services will create any warranty not expressly stated or incorporated herein. Without limiting the foregoing, Optimus Education Foundation, its subsidiaries, its licensors and affiliates, do not warrant that any Content is accurate, true, reliable, correct or complete.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES THROUGH THE PLATFORM IS AT THE USER’S OWN RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
6.4 Optimus Education Foundation agrees to undertake reasonable efforts and technical measures so that the Services and access to the Platform can take place smoothly and without interruption and that an adequate level of security is maintained. However, Optimus Education Foundation does not guarantee that the Services and the Platform will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Platform is interrupted or access to the Platform or the User Profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Platform making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if the Platform is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content our sole liability and responsibility will be to repost the Content to the extent technically feasible from our periodic back-ups.
6.5 We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Platform’s functionalities as well as the Platform’s versions or the provided Content and features, (b) to renew or upgrade or discontinue / stop, partially or in total, all of the Content of the Platform and/or any User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, Optimus Education Foundation reserves the right at any time, to cancel, suspend or pause or shut down its operation.
6.6 Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive takedown notices regarding a User’s repeatedly infringing behaviour.
6.7 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event shall Optimus Education Foundation, its officers, directors, employees, or agents, be liable to Users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from the Users’ use of the Platform, (ii) any loss or damage due to unauthorized access to or use of our servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from our Platform or interoperability problems, (iv) any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) any errors or omissions in any Content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Platform (viii) any loss or damage resulting from the use, or inability to use, any portion of our website or the Platform or for any loss or damage of any kind in the User data, or (ix) any loss of revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. In any case whatsoever to the extent permitted by applicable law, liability of the Platform is limited to the amount paid by such User in the prior six months. The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Optimus Education Foundation is advised of the possibility of such damages.
7. Notice and Take Down Process—Report to Competent Authorities
7.1 The Platform reserves and has the right to suspend temporarily or permanently delete, any User Account and Profile or User Generated Content any time at its sole discretion, including when it becomes aware of any breach of law or the present Terms & Conditions by any User or by any third party.
7.2 More specifically, the Platform reserves the right to remove from the Platform any allegedly infringing Content following the submission of a takedown notice. Anyone who wants to send to the Platform a claim asking to take down any Content (notice and take down process), as provisioned in the law, should take every reasonable measure to ensure that the grounds for this claim are adequate and concern specific Content uploaded or posted by a specific registered User. Notice and take down notices submitted to the Platform must be clear and explicit, specifically indicating the (allegedly) infringing Content to be taken down. The claimant should provide to us adequate data to be able to identify the potential unlawful act or omission, as well as to avoid unjustified, unsubstantiated, untrue and unfair disclosures.
7.3 The Platform will respond to notices of alleged copyright infringement that comply with applicable law. If any person believes that any materials accessible on or from the Platform infringes that person’s copyright, that person may request removal of those materials (or access to them) from the Platform by submitting Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
7.3.1 Include the complaining party’s contact information. The information must be reasonably sufficient for the Platform to contact the complaining party.
7.3.2 Identify the copyrighted or otherwise protected work or works claimed to be infringed.
7.3.3 Identify (a) for material stored by the Platform, the allegedly infringing and/or unlawful material, or (b) for information location tools, the reference or link to the allegedly infringing material or activity. This information must be sufficient to allow the Company to locate the material, reference, or link.
7.3.4 Include a physical or electronic signature of a person authorized to act on the rightsholder’s behalf.
7.3.5 Include a statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent, or law.
7.3.6 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder.
A takedown notice that does not substantially comply with the above requirements generally does not require the Platform to take down the allegedly infringing material.
7.4 Counter-notice: Further to the submission of a takedown notice as per the above, the alleged infringer may submit a counter-notice, which must substantially include:
7.4.1 The counter-claimant’s name, address, telephone number, and physical or electronic signature.
7.4.2 Identification of the material that was taken down.
7.4.3 The counter-claimant’s statement, under penalty of perjury, of its good faith belief that the material was taken down due to a mistake or misidentification.
7.5 For the purposes of the notice & takedown process described above, the Platform has designated, as an agent for the receipt of notifications of claimed infringements, Christopher Pappas with contact information firstname.lastname@example.org
7.6 If any damage occurs to the Platform because of the Platform’s actions further to a notice submitted by a claimant, that claimant assumes all responsibility for covering the damage and any related expenses of the Company. We shall disregard any claim that does not fulfill the above prerequisites. Any claimant and/or counter-claimant that knowingly makes a material misrepresentation that Content is infringing and, following such misrepresentation, Optimus Education Foundation takes down any Content, shall be fully liable towards Optimus Education Foundation for any damage caused as a result to such misrepresentations.
7.7 In any case and notwithstanding the above, if any breach of the present Terms & Conditions comes to the attention of the Platform (following any automated control or complaint as per the above) may at its discretion (depending to the severity of each case) (a) give notice to the User and request to refrain from any such violation, and/or (b) block a User from the Platform (temporarily or permanently) and withdraw the relevant credentials, and/or (c) delete the User Account (see also article 9 below).
7.8 Notwithstanding the above, we shall proceed to suspension or termination of any Content further to a Court or a Competent Authority order.
7.9 Optimus Education Foundation shall in no manner be liable towards the Users and/or any third party for taking down Content, pursuant to the above process, and each User acknowledges that Optimus Education Foundation is in no position and has no obligation to examine the accuracy of any notice and take down request and/or counter-notice submitted by any User, Client and/or any third party.
7.10 Report to the competent Authorities: The Platform further reserves its right to report any breach coming to its attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of Nevada. Also, Optimus Education Foundation could provide any information requested by any competent authority (including personal or business data) with regard to the Users and the User Account in the Platform, with or without prior notice to such Users, subject to the applicable laws of Nevada.
8. Intellectual Property
8.1 Optimus Education Foundation Intellectual Property rights
8.1.1 Except as otherwise indicated for User Generated Content in the present terms, the Platform and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Optimus Education Foundation or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the COMPANY Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the Site, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
8.1.2 The Optimus Education Foundation logo and name and all other product or service names or slogans of Optimus Education Foundation displayed on the Platform are trademarks of Optimus Education Foundation and may not be copied, imitated or used, in whole or in part, without the prior written permission of Optimus Education Foundation. In addition, the look and feel of the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission of Optimus Education Foundation. All other trademarks, including registered trademarks, product names and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Optimus Education Foundation.
8.1.3 As soon as anyone becomes a User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the Content for illegal purposes and/or for professional exploitation. Users may not sublicense the use of, or the access to the Platform and the services to any third party with or without remuneration. The present license shall be automatically terminated when the relationship with the Platform is terminated for any reason, as provisioned in article 9.
8.1.4 Providing access and allowing the use of the features, tools and Services provided by the Platform does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
8.2 Intellectual property rights on the Content uploaded by registered Users
8.2.1 By submitting Content to upload in the Platform each User provides to the Platform the license referred to in article 5.2.2.b) above. Optimus Education Foundation shall not accept previously published articles from registered Users, if this is indicated in the specific guidelines posted in the Platform at the point of submission. Authors or submitters of articles are not entitled to compensation and shall not be paid for any access or use of the Articles from the Platform. After an Article is uploaded to the Platform, the Registered User submitting such Article may be featured as an Optimus Education Foundation contributor/blogger. Features articles are selected based on the Registered User’s seniority.
8.2.2 The Platform is not liable for any access or use of any User Generated Content, including any that is uploaded by Registered Users in violation of any User’s and/or any other third party’s intellectual property rights. Platform bears no liability for any dispute that may arise between the Users, registered Users and Clients and/or between the Users, registered Users and Clients on the one hand and any third party on the other, regarding intellectual property rights in relation to the Content uploaded by the registered Users on the Platform. The provisions and warranties provided by the Registered User in article 5 apply in such case as well.
8.2.3 All Users browsing and having access to Content in the Platform are expressly prohibited to engage in any unlawful act which may undermine the rights of the registered Users-owners or right holders of the Content uploaded at the Platform. Indicatively, but not exclusively, Users are prohibited from engaging into any unlawful act or omission, including (but not limited to ) the following activities:
- Recording and direct or indirect, temporary or permanent reproduction of the Content by any means and in any form, in whole or in part, except as expressly allowed within the Platform.
- Translation of the Content.
- Arrangement, adaptation or other alteration of the Content.
- Unauthorized and/or illegal distribution to the public in any form by sale or otherwise.
- Renting and public lending of the original or copies of their work.
- Public performance of the Content.
- Transmission or retransmission of the Content to the public by radio and television, by electromagnetic waves or cables or pipes or other material in any other way, parallel to the surface of the earth or through satellites.
- Any other act or action contrary to these Terms & Conditions.
9.1 A Registered User may at any time decide to delete such User’s User Account and Profile by e-mailing us at email@example.com with a request to delete the User Account and Profile. In this case article 3.8 shall apply. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users (as per article 2.2).
9.2 The Platform may terminate a User’s access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
9.3 The Platform reserves without limitation the right to suspend and/or delete any User Account and terminate the Platform’s relationship with any registered User for due cause, including (indicatively but not exclusively) the following:
9.3.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
9.3.2 provision of false/inaccurate information in the User Account;
9.3.3 violation of any right of a third person that has come to our attention;
9.3.4 following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;
9.3.5 following the request of any Authority and/or Court decision and/or relevant competent Body;
9.3.6 any other or omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);
9.3.7 repeatedly infringing and unlawful conduct on behalf of any User;
9.3.8 as a result of the notice and take down process described in article 7 above.
9.3.9 In any case whatsoever the provisions of article 3.9 above apply also respectively.
As a result of the provision of the Platform services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless Optimus Education Foundation, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform, including but not limited to the violation of the Terms & Conditions.
12. Applicable Law and Jurisdiction
These terms are considered as terms between business and are governed by and construed according to the laws of Cameroon and International Laws. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Douala, Cameroon.
At our sole discretion, we may require you to submit any disputes arising from the use of the Platform or any violation of these T&C’s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.
13.2 If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
13.3 The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
13.4 Users may not assign any of their rights under the present Terms & Conditions to any third party. Optimus Education Foundation reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
13.5 Optimus Education Foundation reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. Optimus Education Foundation may also, in the future offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.