Last updated: 14/october/2024
Description of service and acceptance
By visiting the UNESCO Open Education Resources Dynamic Coalition Portal (in continuation “OER DC Portal”), whether or not you are a registered member using the OER DC Portal, you are accepting this Terms of Use. When these terms mention “we” or “us” or “Center” please take this to mean the “Josef Stefan Institute, Center for Knowledge Transfer”).
Please take a moment to carefully read through these Terms. It is our goal to provide you with an excellent user experience, so if you have any questions or comments about these Terms, please contact us at info@oerdynamiccoalition.org.
Changes to the terms of use by UNESCO Open Education Resources Dynamic Coalition Portal
We may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the OER DC Portal. Any visit to the OER DC Portal or use of the OER DC Portal by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
Access and use of the UNESCO Open Education Resources Dynamic Coalition Portal portal
The Content. The OER DC Portal may include a combination of content that we license from third parties or that is created and posted by our partners. Unless otherwise noted, all of the content on the OER DC Portal is protected by the copyright of UNESCO under a Creative Commons Attribution-ShareAlike 3.0 IGO License (https://creativecommons.org/licenses/by-sa/3.0/igo/).
Your Responsibilities. In order for us to keep the OER DC Portal safe and available for everyone to use, we all have to follow the same rules. In general, we need for everyone to use OER DC Portal or lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the OER DC Portal in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- uses technology or other means to access the OER DC Portal that is not authorized by us;
- accesses the OER DC Portal through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the OER DC Portal);
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the OER DC Portal servers, computer network, or user accounts;
- attempts to collect personally identifiable information in violation of OER DC Portal Privacy Policy;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms, guidelines or any policy posted on the OER DC Portal or
- interferes with any other parties use and enjoyment of the OER DC Portal.
No Spam or Unsolicited Communications.
No one may use the OER DC Portal to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. Suspension/Discontinuation. We hope not to, but we may find it necessary to change.
Accounts and registration
Certain features of the OER DC Portal require registration or the creation of an account on the OER DC Portal. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of the OER DC Portal. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at info@oerdynamiccoalition.org (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by emailing info@oerdynamiccoalition.org (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. We reserve the right to immediately terminate your account or your use of the OER DC Portal at any time without notice or liability if we determine in our discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the OER DC Portal if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the OER DC Portal servers being made.
Collection and use of personal information
For information about OER DC Portal policies and practices regarding the collection and use of your personally identifiable information, please read OER DC Privacy Policy located at oerdynamiccoalition.org. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the OER DC Portal and use of the OER DC Portal is governed by the OER DC Portal Privacy Policy in effect at the time of your use.
User reviews, comments and other material
Your Posts. As part of the OER DC Portal, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the OER DC Portal enjoyable for all of our users, we ask you to adhere to the following rules. Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the OER DC Portal. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person.
You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant the OER DC Portal the right to publish it under the terms of the CC-BY-SA 3.0 IGO license (https://creativecommons.org/licenses/by-sa/3.0/igo/); you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. We will remove all User Material if properly notified that such User Material infringes on another person"s rights. You understand that we do not guarantee any confidentiality with respect to any User Material. We do not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant us the right to publish it under the terms of the CC-BY-SA 3.0 IGO license (https://creativecommons.org/licenses/by-sa/3.0/igo/).
Without this license, we would not be able to provide your User Material in connection with the OER DC Portal. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to us is non-exclusive (meaning you are free to license your User Material to anyone else in addition to OER DC Portal), fully-paid and royalty-free (meaning that are not required to pay you for the use of your User Material), and sublicensable (so that we are able to use subcontractors and other partners such as internet content delivery networks to provide the OER DC Portal). By Posting your User Material, you also hereby grant each user of the OER DC Portal a non-exclusive limited license to access your User Material and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the OER DC Portal and under the license terns and these Terms of Use.
Third Party Posts
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. We do not endorse any User Material, and User Material that is Posted does not reflect our opinions or policies. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event do we assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the OER DC Portal is not available for a specific instance of inappropriate User Material, please email info@oerdynamiccoalition.org (subject line: "Inappropriate User Material").
Linked site and advertising
Third Party sites. If we provide links or pointers to other sites, no inference or assumption should be made that we operate, control, or are otherwise connected with these sites. When you click on a link within the OER DC Portal, we will not warn you that you have left a Portal and are subject to the terms and conditions (including privacy policies) of the destination site. In some cases it may be less obvious than others that you have left the OER DC Portal and reached another site. Please be careful to read the terms of use and privacy policy of any site before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another site.
We are not responsible for the content or practices of any other site, even if it links to the OER DC Portal or any of the other Portals and even if the site is operated by a company affiliated or otherwise connected to use. By using the OER DC Portal, you acknowledge and agree that OER DC is not responsible or liable to you for any content or other materials hosted and served from any third party web Portal.
Disclaimer of warranties, limitation of liability and indemnity
While we do our best to ensure the optimal performance of the OER DC Portal, you agree that use of the OER DC Portal is at your own risk. The OER DC Portal, the content, user material and any other materials contained on or provided through the OER DC Portal, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, we do not make any warranties of fitness for a particular purpose; or that the OER DC Portal will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable. In no event shall we or our affiliates, and each of their respective directors, officers, employees, agents and suppliers (collectively, the “OER DC parties”), be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the OER DC Portal (including any information, products or Portal advertised in, obtained on or provided through the Portal), whether based in contract, tort, strict liability or other theory, even if the OER DC parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. You agree to defend, indemnify and hold harmless the OER DC parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms and your use of the OER DC Portal.
Notice and procedure for claims of copyright infringement
If you believe that any Content, User Material or other material provided through the OER DC Portal, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to info@oerdynamiccoalition.org. You may also contact us by mail at:
Josef Stefan Institute, Center for Knowledge Transfer, Jamova 39, 1000 Ljubljana, Slovenia
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the OER DC Portal that is reasonably sufficient to enable us to identify and locate the material; (d) how we can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner"s behalf.
General information
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the OER DC Portal are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Slovenia or the country in which you reside.
Choice of Law. This Agreement shall be governed by the laws of the District Court in Ljubljana, Slovenia.
No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at info@oerdynamiccoalition.org (subject line: "TOU Violation"). Precisely how we respond to a party that is violating these Terms will be determined after carefully analysing all of the facts and circumstances of a particular case. Please do not rely upon our precise response in one situation as any indication of what we might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Our decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.
Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and us and governs your use of the OER DC Portal (but excluding any Portal, if any, that we may provide to you under a separate written agreement), and completely replaces any prior agreements between you and us in relation to the OER DC Portal. It may not be amended or varied by you except in a writing signed by us. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if we acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the OER DC Portal!