Terms & Conditions of Service
The following agreement (“this Agreement”) describes the terms and conditions on which “Lead 3.0 Academy Consortium” (“LAC“) offers you access and use of material found on this website (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement (“Terms & Conditions of Service”).
By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the Terms and Conditions of Service”. LAC only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.
If you do not agree to the Terms and Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. LAC may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on http://www.eleaderacademy.eu/. Your continued use of the Services or the Website after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes
No variation or counter offer of this Agreement will be accepted by LAC.
- The Service
1.1 LAC by means of Lead3.0 Academy http://www.lead3academy.eleaderacademy.eu/ and Lead3.0 Community http://www.eleaderacademy.eu/community/ websites, allows its members to create/cocreate Open Educational Resources (OERs), to share OERs, to build courses based on such OERs. Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions and may be subject to Additional Terms as linked herein, or otherwise notified to you.
1.2 Certain aspects of the Services may require you to register and provide information about yourself. You agree that you represent, warrant and covenant that you are 18 years of age or older. You further agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update the Registration Data (by using the appropriate forms on our Websites) to keep it true, accurate, current and complete. We may terminate your account and any or all rights to the Websites, Services or licences granted if any information you provide is inaccurate, false, or incomplete.
1.3 The Internet is not a secure medium. However, LAC will endeavour to protect all personal information collected through the Website in accordance with appropriate data protection standards.
The registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LAC of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. LAC cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
1.4 You acknowledge that LAC is a service provider that may allow people to interact online regarding topics and content chosen by users of the Service, and that users can alter the Service environment on a real time basis. As part of the nature of the Service, LAC does not always or will not always be able to regulate the content/communications created and made available by users of the Service or otherwise. As a result LAC has limited control, if any, over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service
1.5 Any pages of the Website where you are able to upload materials are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data, messages, documents and materials uploaded or contributed to our Websites (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Websites by any of our users.
You acknowledge that by using the Services, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable.
You should be aware that a party aggrieved by your Content (for instance, because it is defamatory or infringes another party’s rights) may take legal action against you. This could result in Registration Data and/or other data concerning your identity being disclosed, and you having to pay compensation, to the aggrieved party.
1.6 You acknowledge that LAC and other Content Providers have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from LAC. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.
- Licences and IPR
2.1 Subject to the terms of this Agreement, LAC hereby grants you a non-exclusive, royalty free and revocable licence to access and use the Service and use the content in the Service in accordance with the Terms and Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service.
2.2 Content owned or licensed to LAC as part of the Service can be used by any user of the Service for any such purposes that are conducive to education, teaching, learning, private study and/or research.
2.3 Users of the Service can create Content in the Service in various forms. LAC acknowledges and agrees that, subject to the Terms and Conditions of Service, you will retain any and all applicable copyright and any other intellectual property rights with respect to any Content you create using the Service, to the extent that you have such rights under applicable law.
2.4 Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Service, you automatically grant (and you represent and warrant that you have the right to grant) to LAC: (1) a non-exclusive, royalty free, perpetual licence (Creative Commons Attribution – CC BY): (a) use, reproduce and communicate your Content within the Service and a right to sub-licence such use to users of the service; and (b) to use and reproduce and to authorise third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service.
2.5 You agree that by submitting your Content to any area of the Service you automatically grant to users of the Service who want to use your Content or parts of it outside the Service a non-exclusive, royalty free, perpetual licence in the form of Creative Commons Attribution – CC BY
2.6 You understand and agree that by submitting your Content to any area of the Service you automatically grant (or you warrant that the owner of such Content has expressly granted) to LAC and to all other users of the Service a non-exclusive, worldwide, royalty-free, perpetual licence under any and all patent rights you may have or obtain with respect of your Content, to use your Content for all purposes within the Service.
2.7 You agree to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.
2.8 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data LAC stores on LAC servers submitted by others. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of LAC.
- Community Guidelines and Policies
3.1 You agree to read and comply with the Community Guidelines and Policies as posted on http://www.eleaderacademy.eu/community/
3.2 In addition to abiding at all times to the Community Guidelines and Policies, you agree that you shall not: (a) take any action of upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (b) impersonate any person or entity without their consent, including but not limited to a LAC employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) upload, e-mail or otherwise transmit Content that violates any United Kingdom law or regulation; (d) upload, e-mail or otherwise transmit Content determined by LAC in its reasonable opinion to be libellous. You agree that LAC may take whatever steps it deems necessary to abridge, or delete material on the Service in its sole discretion, without notice to you.
- Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
4.1 As a condition of access to the Service, you release LAC from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that LAC will have the rights but not the obligation to resolve disputes between users relating to the Service.
4.2 Any Content, or other data residing on LAC’s servers or the Service may be deleted, altered, moved or transferred at any time for any reason at LAC sole discretion without notice and without liability to you or any third party.
4.3 LAC provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. LAC hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, LAC accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.
4.4 To the extent permitted by law, in no circumstances will LAC be liable to you or you liable to LAC for any loss resulting from a cause over which LAC or you do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.
4.5 In no event shall LAC be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content.
4.6 You agree to defend, indemnify and hold harmless LAC and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless LAC from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.
5.1 You acknowledge and agree that LAC, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. LAC may share general, demographic or aggregated information with third parties about LAC’s user base and Service usage, but that information will not be include or be linked to any personal information without consent.
- Governing Law and Dispute Resolution
6.1 This Agreement and the relationship between you and LAC shall be governed by and construed in accordance with Italian law. You and LAC agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the Italian courts.
6.2 You and LAC agree to use best efforts to resolve disputes in an informal manner. Where you and LAC agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and LAC will agree upon the nature of the expert required and together appoint a suitable expert by agreement.
6.3 Any person to whom a reference is made under Clause 6.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.
6.4 You and LAC shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.
6.5 The costs of the expert shall be borne by you and LAC in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and LAC in equal proportions.
- General Provisions
7.1 This Agreement constitute the entire understanding and agreement between you and LAC with respect of the subject matter hereof.
7.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
7.3 The rights granted to you or LAC arising under this Agreement shall not be waived except in writing. Any waiver of any of your or LAC’s rights under this Agreement or of any breach of this Agreement by you or LAC shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or LAC to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
7.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.
7.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
7.6 All or any of LAC’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of LAC’s assets.