Charter for Elgg L4D version 1 07.01.2011 (inspiration from OU conditions) Working document 07.01.2011 Terms and Conditions of Use About the Terms and Conditions Access to and use of any open access sites under the control of The Open University (this Site(s)) is provided by The Open University on the following terms: 1. As a self-registered Open University account holder (“Self Registered User”) rather than as an Open University student or member of staff. 2. By using this Site you agree to register as a Self Registered User and be bound by these Terms and Conditions, which shall take effect immediately on your first use of this Site. If you do not agree to be bound by all of the following Terms and Conditions please do not complete your registration. 3. You must be over the age of 16 to register as a Self Registered User. 4. To become a Self Registered User you will need to provide us with some personal details about yourself. We will protect your personal data as set out in our privacy Statement. Please read this before registering: 5. If you disable your account we will not automatically delete content that you have submitted to our websites. Your profile page (accessed by clicking on your name when you are logged in) provides a ‘Cancel Registration’ facility which will disable your account. 6. The Open University may change these terms and conditions from time to time and so you should check these terms regularly. Your continued use of this Site as a Self Registered User will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using this website. 7. The Open University may bring any rights granted to you to an end at any time without necessarily providing any notice to you. Conditions of Use 8. You agree to use this Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of this Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue. You may not impersonate another person. Intellectual Property 9. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) and all content located on this Site shall remain vested in the Open University or its licensors (which includes other users). Unless specifically stated in a Creative Commons licence which may be attached to some Open University content - (“Creative Commons Licence”) - you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post , broadcast, transmit, make available to the public, or otherwise use Open University content in any way except for your own personal, non-commercial use. Please read the Creative Commons licence in full before downloading or otherwise making use of Open University content. 10. You must however read these rights subject to any restrictions on use applying to any Materials or part of them such as video and photographicimages (“Special Restrictions”). If you do not agree to be bound by the Creative Commons Licence or any Special Restriction then you must not use Open University content made available under these terms. 11. When using Materials you must attribute us and any identified author in accordance with the terms of the Creative Commons Licence. Each of the Materials has an “Acknowledgements” section which will identify the author/owner(s) and any Special Restriction(s) applying. You must take account of and abide by any restrictions set out in this section in using any of the Materials. 12. This Site also contains proprietary materials which are owned by or licensed to the Open University and which are not subject to the Creative Commons licence. These materials which will be identified as “Proprietary” include but are not limited to our logos and trading names, certain photographic and video images, sounding recordings and the design, layout and appearance of and graphics contained within this Site. These proprietary materials are protected by intellectual property rights. Unauthorised use of these materials may constitute intellectual property infringement. Contributions to the Open University 13. By sharing any contribution (including any text, photographs, graphics, video or audio) with the Open University you agree to grant to the Open University, free of charge, permission to use the material in any way (including modifying and adapting it for operational and editorial reasons) for Open University services in any media worldwide. 14. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. 15. In order that the Open University can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any third party rights, that you have the right to give the Open University permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16. 16. If you do not want to grant the Open University the permission set out above on these terms, please do not submit or share your contribution to or with the Open University. Your OU Account 17. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts. All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. Legal Requirements 18. You may not submit or share any defamatory or illegal material of any nature in Open University communities. This includes text, graphics, video, programs or audio. Contributing materials to an Open University community with the intention of committing or promoting an illegal act is strictly prohibited. Accuracy of Content and Information 19. The Open University is not able to guarantee that information contained on or available via this Site will continue to be accurate. You confirm that you have not relied on any such information and any arrangements made between you and any other person, using or named on this Site is entirely at your sole risk and responsibility. 20. Information contained in or accessible via this Site changes on a regular basis. We may make improvements or alterations to this Site at any time and without notice. 21. If any links to other websites appear on this Site the Open University accepts no responsibility or liability for the content of that website (whether under our control or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us. 22. Should we link to other website we will try to make it as clear as possible that you are leaving this Site. It is your responsibility to check the terms and conditions and privacy policy on any other website that you visit. Liability 23. We do not guarantee that: 24(a) 24(b) 24(c) 24(d) use of this Site will be compatible with all hardware and software, use of this Site will be uninterrupted or error or virus free, use of this Site will deliver any specific outcome for its users, or defects will be corrected You must take appropriate steps to ensure that you regularly check for viruses when using this Site on any device. 24. We make no statement about the suitability of the content, information and services contained on, or accessed via, this Site. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties. 25. We further exclude to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any third party and arising out of or in any way connected with the use of this Site or its content, whether based on contract, tort, strict liability or otherwise. 26. You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms and Conditions. Complete Agreement 27. These Terms and Conditions (including the privacy statement) contain all the Terms and Conditions applicable to your use of this Site. Nothing contained on this Site is intended to be, nor should be construed as an offer by us to enter into, a contractual relationship with you or anyone else except on these Terms and Conditions. Jurisdiction and acceptance of these Terms and Conditions 29. These Terms and Conditions and any dispute in relation to the materials available from this Site will be governed by English law. The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Terms and conditions or use of this Site.