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OSIER Terms & Conditions of Service

THE AGREEMENT

This page (together with the documents referred to on it) contains the terms of use on which you may use OSIER and the Resources and Contributions contained therein. Please read these terms of use carefully before you use OSIER. By using OSIER in any way, you agree to be bound by these terms, which shall take effect immediately on your first use of OSIER. If you do not agree to these terms of use, please refrain from using OSIER.

Summary

The main Terms and Conditions document contains nine numbered sections. Brief summaries are given here for information only, and these should not be construed as replacing the Terms and Conditions in any legal sense. Each summary section is hyperlinked to the corresponding section of the Terms and Conditions. This summary does not constitute part of the Terms and Conditions.

The ‘Introduction’ describes the site and its purpose, and defines such items as content and users.

‘Conditions of Use’ indicates the rights of users to use resources and contributions on the website, subject to licence conditions. These rights may be amended or revoked by the OSIER project.

‘Submission of Resources and Contributions’ describes the responsibilities of users who submit resources to the OSIER website, or comment on existing resources. It includes reference to the project's Take-down Policy, which is invoked if any visitor to the site registers a complaint about a resource. The OSIER project is not liable for any infringement of copyright or other loss or damage arising from materials submitted by users.

‘Acceptable Behaviour’ sets out the obligations of users of the site, especially in relation to resources and contributions that they add to the site. In broad terms, any material on the site should not cause offence in any way, and users should not use the site to post misleading or inappropriate material. The OSIER project may close the account of a user who does conform with these conditions.

‘Proprietary Materials’ indicates that any material on the OSIER website that is not explicitly covered by a Creative Commons licence should be treated as if it is proprietary and should not be used without the permission of the original author.

‘Accuracy of Content’ limits the responsibility of the OSIER project for the accuracy of resources and contributions supplied by users. In particular, OSIER is not responsible for the accuracy of content on any websites linked either from the OSIER website or from resources.

‘Liability’ describes how the OSIER project is not responsible for any deficiency, loss or damages arising from use of the website and its resources. Users indemnify the project against such liability associated with their own resources and contributions.

The final two sections ‘Complete Agreement’ and ‘Governing Law’ set out the scope of the Terms and Conditions, in particular defining the relationship between the OSIER project and its users, and how any dispute between OSIER and a user or users would be resolved.

The following text, starting with section 1: Introduction, constitutes the Terms and Conditions.

1. Introduction

  • 1.1 These Terms of Service apply to the Service constituted by the OSIER website, including access to the resource repository for content upload and download, and the facility to interact with other users online.
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  • 1.2 OSIER contains learning and teaching resources, shared under a variety of licences. For some of this content, the creators and owners are willing and are able to share their content on a worldwide basis under the terms of a Creative Commons (CC) licence. Further details of the licences available can be found in section 1.7. The purpose of OSIER is to:
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    • 1.2.1 Enable the sharing, reuse and repurposing of learning and teaching resources ("Resources") relating to the training of teachers and educators in the field of Education for Sustainable Development (ESD) and Global Citizenship, using an online, repository service that supports policy, practice and productivity in learning and teaching in the UK and beyond;
    • 1.2.2 Support knowledge sharing and discussion about all aspects of sharing, reuse and repurposing of learning and teaching resources by providing a facility to enable Registered Users (see 1.3) to contribute messages, reviews, ratings, add metadata, and participate in online discussions etc. (all of which content is hereafter referred to as "Contributions").
  • 1.3 OSIER may be accessed at different levels by Unregistered Users and Registered Users. An "Unregistered User" is anybody with a networked computer anywhere in the world who wishes to access OSIER. A "Registered User" is an identified individual has provided the required personal information. (The terms 'Users' and 'all Users' refer to both Registered Users and Unregistered Users). Unregistered Users can browse, view and download content licensed under a Creative Commons licence. The full potential of OSIER may be experienced only by Registered Users. A Registered User may: browse, view and download content licensed under a Creative Commons licence; interact with other Users; develop and submit Resources and Contributions for publication. On registering, a User must provide the Service Provider with some personal information.
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  • 1.4 The Service Provider reserves the right to disclose the identity of Registered Users to third parties who claim that material contributed infringes their rights (e.g. their privacy or intellectual property rights, 'IPR').
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  • 1.5 The Service Provider reserves the right to disclose criminal activity (e.g. breach of the Computer Misuse Act 1990) to the relevant authorities.
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  • 1.6 OSIER is made available free of charge to Registered Users and Unregistered Users and its use, including for deposit of Resources and Contributions, is subject to these Terms of Service.
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  • 1.7 By submitting resources to OSIER, Registered Users grant permission to the Service Provider to make these resources available through OSIER. Registered users will license their deposited content directly to other Users using a licence selected from the Creative Commons 3.0 unported suite of open licences. The selected licence is referred to in these Terms as the "Relevant Licence".
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  • 1.8 The Service Provider may update these Terms of Service (including the OSIER Take-down Policy) from time to time. Changes will have immediate effect from the date of posting on this website. All Users should therefore review these Terms of Service regularly. A User's continued use of OSIER after changes have been made will be taken to indicate that they have accepted and are bound by the updated Terms of Service.
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  • 1.9 OSIER may at anytime and without notice, revoke the rights granted in these terms of service.
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  • 1.10 Information in OSIER is provided in English.

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2. Conditions of Use of OSIER

  • 2.1 Users may:
    • 2.1.1 access and use OSIER; and,
    • 2.1.2 use the Resources and Contributions available via OSIER subject to the terms of the Relevant Licences. All Users must read the Relevant Licences in full before downloading or otherwise making use of the Resources. Any User who does not agree to be bound by a Relevant Licence should not use the Resource or Contribution to which it applies.
  • 2.2 The Service Provider may at any time, without notice, revoke the rights granted in these Terms of Service
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  • 2.3 The Service Provider reserves the right to withdraw or amend the OSIER service without notice. The Service Provider will not be liable if for any reason the OSIER site is unavailable at any time or for any period. From time to time, the Service Provider may restrict access to some parts of the OSIER site, or the entire OSIER site, to Users.

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3. Submission of Resources and Contributions to the OSIER Repository and commenting publically on Resources through the OSIER website

  • 3.1 A Registered User may submit Resources for publication in the OSIER repository under the terms of a Relevant Licence. Instructions on how to submit Resources to OSIER are available from the OSIER website Help page. By depositing content in OSIER and selecting a Relevant Licence, a Registered User thereby licenses the deposited content to other Users of OSIER on the terms of that Relevant Licence.
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  • 3.2 By submitting any Resource or Contribution for inclusion or publication in OSIER you confirm that:
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    • 3.2.1 it is not defamatory or obscene;
    • 3.2.2 it is not in any way illegal and does not infringe any law or any person's rights;
    • 3.2.3 it is your own work or you have the permission of the copyright holder to publish it in OSIER and it can lawfully be published in OSIER;
    • 3.2.4 if you have included any material owned by a third party, you have properly attributed that party and you have secured the permission of that party to include their material so that it may be used in the manner described in these Terms of Service and in the Relevant Licence that you have selected;
    • 3.2.5 the Resource or Contribution is not, as far as you are aware, the subject of any dispute or court proceedings; and
    • 3.2.6 you will allow the Service Provider and all users of OSIER to use your Resources and Contributions under the terms of the Relevant Licence;
  • These terms imply no transfer of copyright and this permission is not exclusive. The copyright owner may continue to distribute or licence their content in any way.
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  • 3.3 The Service Provider cannot promise nor guarantee that any or all of the Resources or Contributions submitted to OSIER will be published through OSIER. The Service Provider reserves the right, at its discretion, to delete materials from OSIER at any time.
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  • 3.4 The Service Provider will respond to requests that content be removed from OSIER in line with the OSIER Take-down Policy.
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  • 3.5 By submitting Resources and Contributions to OSIER, a Registered User confirms that (s)he understands and accepts that these Resources and Contributions will be available for others to see, download and use under the terms of the Relevant Licence specified by the Registered User.
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  • 3.6 By submitting Resources and Contributions to OSIER and by using OSIER to view or download resources or for any other purpose, Users must not:
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    • 3.6.1 do anything which may cause (whether on purpose or not) the introduction or spread of a virus, Trojan horse, spyware or any other programs designed to adversely affect the operation of any computer software or hardware;
    • 3.6.2 post any inappropriate messages (including outside the scope of any relevant discussion topic). A User may not for example post advertisements or chain letters or repeat irrelevant or identical messages or content or make any statement that is untrue or misleading;
    • 3.6.3 impersonate another person;
    • 3.6.4 infringe the rights of the Service Provider or of any other user or third party; and
    • 3.6.5 use OSIER unlawfully or fraudulently at any time.
  • 3.7 Unauthorised use of OSIER, or breach of these Terms of Service (including the Relevant Licences) may give rise to a claim for damages and/or be a criminal offence.
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  • 3.8 The Service Provider will not be responsible as author, editor or publisher of any Contribution submitted to OSIER and expressly excludes its liability for any loss or damage arising from the use of the comments feature of OSIER by any person in contravention of these Terms of Service.

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4. Acceptable Behaviour

  • 4.1 A range of Users will be accessing and using OSIER. Any Resources or Contributions submitted must be thoughtful and considerate to others. The Resources and Contributions submitted by Registered Users must:
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    • 4.1.1 be civil, i.e. not rude;
    • 4.1.2 be constructive, i.e. not intended to disrupt, offend or abuse anybody including but not limited to other users;
    • 4.1.3 be lawful and not deliberately provocative, i.e. they should not be racist, sexist, homophobic, defamatory, profane, obscene, harassing or otherwise objectionable and they should not contain any content that infringes the rights of another person, e.g. copyright or trademark;
    • 4.1.4 be relevant and useful, i.e. Users should not use the facility to post spam or content that is unrelated to the discussion or content to which it is attached;
    • 4.1.5 be non-commercial and non-promotional, i.e. the facility should not be used to post advertisements or promotional material;
    • 4.1.6 not contain any material which is misleading, untrue, false or in any way unlawful.
  • 4.2 Any User who becomes aware of any material in OSIER which does not comply with these Terms is asked to report this breach to the Service Provider.
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  • 4.3 The Service Provider reserves the right to close a Registered User account without notice if use of that account appears to breach these Terms of Service or if attempted communications by the Service Provider remain unanswered. Where an account is closed, the Service Provider may, at its discretion, inform the User of the reason by e-mail.

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5. Our and Third Party Proprietary Materials

  • 5.1 In addition to contributed content (Resources and Contributions as defined in 1.2), OSIER contains proprietary materials which are owned by or licensed to the Service Provider and which are not subject to a Relevant Licence or the Creative Commons Attribution Non-Commercial Licence. Any content not explicitly licensed under the terms of a Relevant Licence should be assumed to be proprietary. Such content will include, but is not limited to, logos and trading names, certain text, photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within OSIER. These proprietary materials are protected by intellectual property rights and their unauthorised use is prohibited.

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6. Accuracy of Content and Information

  • 6.1 Most of the information and content used in OSIER, particularly resources and comments, is provided by Users. Although the Service Provider reserves the right to monitor information and content submitted and may take some steps to check that the same complies with the conditions and rules of Use set out in paragraphs 3 and 4 above, it cannot confirm that any Resources or Contributions are accurate or up to date. By using Resources or Contributions in OSIER, any User acknowledges that information and services offered via OSIER may include inaccuracies and/or typographical errors.
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  • 6.2 Furthermore, the Service Provider does not guarantee that information contained on or available via OSIER will continue to be accurate during the time of systems failure. By using such information, any User confirms that they have not relied on any such information and that any arrangements made between that User and any other person, using or named on OSIER is entirely at their sole risk and responsibility.
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  • 6.3 Information contained in or accessible via OSIER changes on a regular basis. The Service Provider may make improvements or alterations to OSIER at any time and without notice.
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  • 6.4 If any links to other websites appear in OSIER or in Resources or Contributions in OSIER the Service Provider accepts no responsibility or liability for the content of that website (whether under the control of the Service Provider or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.
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  • 6.5 Should OSIER link to other websites the Service Provider will try to make it as clear as possible that the User is leaving OSIER. It is the responsibility of the User to check the terms and conditions and privacy policy on any other websites that they visit.

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7. Liability

  • 7.1 The Service Provider does not guarantee that:
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    • 7.1.1 use of OSIER will be compatible with all hardware and software,
    • 7.1.2 use of OSIER will be uninterrupted or error or virus free,
    • 7.1.3 use of OSIER will deliver any specific outcome for its users, or
    • 7.1.4 defects in OSIER will be corrected.
  • All Users must take appropriate steps to ensure that they regularly check for viruses when using OSIER or Resources downloaded from OSIER on any device.
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  • 7.2 Inclusion in OSIER of Resources and Contributions submitted by Users of it or other third parties does not constitute or imply any endorsement, authorisation or recommendation by the Service Provider in relation to that material or of any opinions or other statements made within it. The Service Provider can neither monitor nor enforce compliance of third party content with all applicable laws and regulations.
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  • 7.3 All Users must ensure that their use of OSIER and their Resources and Contributions comply with the local laws to which they and the use of OSIER may be subject. In accordance with paragraph 7.4 below, the Service Provider cannot accept liability where a User breaches a local law.
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  • 7.4 The Service Provider makes no statement about the suitability of the Resources, Contributions, information and services contained on, or accessed via OSIER. 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 extent 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.
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  • 7.5 The Service Provider further excludes to the fullest extent permissible by law (please see directly below for more details) 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 a User or any third party and arising out of or in any way connected with the use of OSIER or the Resources or the Contributions, whether based on contract, tort, strict liability or otherwise.
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  • We do not exclude or limit our liability (if any) to you:
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    • (a) for any breach of obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
    • (b) for personal injury or death resulting from negligence;
    • (c) under section 2 (3) Consumer Protection Act 1987
    • (d) for any matter for which it would be illegal for us to exclude or to attempt to exclude liability; or
    • (e) for fraud.
  • 7.6 The User will defend, indemnify and hold harmless the Service Provider, its affiliates and its 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 that User of these Terms (including the Relevant Licences).

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8. Complete Agreement and General Provisions

  • 8.1 These terms (including the Relevant Licences) and the OSIER Take-down Policy contain all the terms applicable to use of OSIER by any User. Nothing contained in OSIER is intended to be nor should be construed as an offer by the Service Provider to enter into a contractual relationship with a User or anyone else, except on these Terms.
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  • 8.2 A User's continued use of OSIER indicates their acceptance of these Terms.
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  • 8.3 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
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  • 8.4 The rights granted to you or OSIER arising under this Agreement shall not be waived except in writing. Any waiver of any of your or OSIER's rights under this Agreement or any breach of this Agreement by you or OSIER shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or OSIER 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.
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  • 8.5 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.
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  • 8.6 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.
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  • 8.7 All or any of OSIER'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 OSIER's assets.

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9. Governing law and dispute resolution

  • 9.1 This Agreement and the relationship between you and OSIER shall be governed by and construed in accordance with English law. You and OSIER agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.
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  • 9.2 You and OSIER agree to use best efforts to resolve disputes in an informal manner. Where you and OSIER 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 OSIER will agree upon the nature of the expert required and together appoint a suitable expert by agreement.
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  • 9.3 Any person to whom a reference is made under Clause 9.2 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.
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  • 9.4 You and OSIER shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.
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  • 9.5 The costs of the expert shall be borne by you and OSIER 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 OSIER in equal proportions.

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Acknowledgements

This policy is based largely on the Terms and Conditions developed by the Jorum project (see http://www.jorum.ac.uk/terms-of-service).

We have also made use of wording from the following sites and projects:

The template Terms and Conditions document for the Web2Rights project:
http://www.web2rights.org.uk/navigator/content/documents/3.1 Terms Conditions.doc
Terms and Conditions and Privacy Policy for the OpenLearn site of the Open University:
http://www8.open.ac.uk/about/main/admin-and-governance/policies-and-statements/conditions-use-open-university-websites
http://www8.open.ac.uk/about/main/admin-and-governance/policies-and-statements/website-privacy-openlearn
Terms and Conditions for the HumBox OER project:
http://www.humbox.ac.uk/terms.html
Terms and Conditions for the Simshare OER project
http://simshare.org.uk/terms.php