GENERAL TERMS OF USE
Description:
1. SCOPE
Fundació Eurecat, with Fiscal Identification Code (CIF) G66210345 and registered address of Av. Universitat Autònoma 23, 08290, Cerdanyola del Vallès (Barcelona), phone number +34 93 238 14 00 and email contact address of legal@eurecat.org legal@eurecat.org, recorded in the Registre de Fundacions de la Generalitat de Catalunya as number 2826 (hereinafter “Eurecat”).
Eurecat, is the coordinating entity from Sharework Project that manages content from the platform Moodle licensed, which offers e-learning, sources, and links for specific trainings, as well as virtual spaces, so that the student may follow his or her academic progress, like calendars, forums, messaging services, etc. (hereinafter the “Platform”).
The General Terms of Use (hereinafter “Terms of Use”) are exclusively applicable between Eurecat and the registered users to the Platform (hereinafter the “Users”).
Use of the Platform by the User implies the acceptance of the terms and conditions detailed in the present Terms of Use and, under any conditions different from the present ones, will not be valid, unless expressly stated otherwise in written agreement by both parties. As such, the User declares that he or she has previously read and understood the present Terms of Use, and that he or she voluntarily accepts and agrees to them without any reservation.
Eurecat reserves the right to modify the Terms of Use at any time and to make them available to the User, when updated, by way of the Platform. The User is therefore obligated to regularly consult the Terms of Use content in order to fulfill the details within, as well as to keep abreast of the updates.
2. OBJECT
The Terms of Use object includes the use of the Platform and the content within, as well as the license to access and utilize its resources. This license is limited to said ends, and under no circumstances implies the transference of the Platform nor the intellectual or industrial property rights of the content. As such, the license to use the Platform and its contents is limited to a temporary period of time, according to the criteria by which Eurecat has chosen to give access to the User, and he or she will not be able to sublicense to or share his or her license or any content available with, any third party. The license is for the exclusive use of the User (hereinafter “Object”).
The personal use and enjoyment by the User of this Object is subject to the compliance of the present Terms of Use, and he or she is obligated to observe them.
3. USER RIGHTS AND OBLIGATIONS
3.1 Rights of the User
The User will have the right to be provided with an account after its register at the form to do so, in order to be able to access all the presentations and content on the Platform, as well as to be able to get full use of it, following the specific indications on the Platform, and in whichever case, agrees to the rules set forth in these Terms of Use.
3.2 User Obligations
The User, by accessing and using the Platform and the Object, agrees to fulfill the following obligations:
- He or she will abstain from performing any actions that imply a modification to or alteration of the Object and Platform, as would be considered the manipulation of the content or source code.
- He or she will abstain from claiming ownership of the Object or Platform, and consequently, fully recognizes the content and Platform to be the property of Eurecat alone.
- He or she will help maintain the Object and the Platform in good working order, using it with due diligence in order to prevent defects or alterations thereof, and will not make it difficult or impossible for the rest of the Users and/or Eurecat to use it.
- He or she will assume full responsibility for any damages, failures or defects that he or she may cause to the Object or the Platform, granting Eurecat full indemnity and answering personally for any reparations to third parties.
- He or she will abstain from providing any third party with, renting to, or economically benefitting in any way from the Platform or the Object.
- He or she will refrain from posting comments on the provided forum that could be considered offensive, untrue, defamatory, disrespectful, illegal or threatening, as well as those that infringe on the intellectual or industrial property rights of third parties, as well as those that could be considered invasive to the privacy of or detrimental to third parties or Eurecat in any other way.
4. USER PROFILE
The User, to be able to access the Platform, shall fulfill the register form, providing the information required herein. The user will receive an email on behalf of Eurecat, in which he or she will be verify the account at the link provided to finalize the Platform register process. The User will be able to modify the password generated by Eurecat in the “Profile” section of the Platform.
Additionally, the User, in the Profile section, will be able to fill in his or her basic information and generate a profile, the details of which Eurecat and other Platform Users will be able to view. Some of the information that can be filled out is: full name, profile picture, the courses he or she is enrolled in, contact email, city and country, and he or she can create a description.
Similarly, in the Profile section, the User will be able to view his or her Platform access details, like: first login, last login, and his or her IP address. Furthermore, here the User will be able to configure his or her preferences with respect to the several functionalities that the Platform offers, like language, forum and calendar options, as well as message, notification, and course options, etc.
The User is responsible for the use of his or her username and for the modifications and profile information that he or she enters; Eurecat will only be responsible for the labor of ensuring the functionality of the generated username. The information and data that the User enters in are subject to the Platform’s Privacy Policy.
5. RESPONSABILTIES
Eurecat is not the owner of the Platform and is therefore exonerated from any responsibilities derived from the use of it by the Users as well as any adaptation of the Platform to any applicable legislation.
Eurecat is exempt from any responsibilities that may arise due to the use of the Object and the Platform, like accessibility issues, errors, and availability to the User, and consequently, will not have to respond to any damages incurred by the User or any third party that may result.
Therefore, the User promises to respond to any damages to the Platform that may happen due to its use, including any repercussions to other users or third parties.
Eurecat reserves the right to modify, cancel or eliminate User accounts, as well as to delete any comments a User may have posted, without giving the User any right to reclaim, in situations where they feel that the User has contravened the terms and conditions of the present Terms of Use.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Object and Platform (images, texts, articles, graphics, videos, logotypes, etc.) are subject to the intellectual and/or industrial property rights of Eurecat or their third-party creators to which they correspond. The User recognizes that the Object does not imply the acquisition of any intellectual or industrial property rights derived from the use of the contents and agrees to respect the property rights of the owners thereof.
As such, the User commits to respect the rights of the intellectual and/or industrial property derived from the contributions of all other Platform users as well, and consents to give Eurecat the full, non-exclusive, free, and irrevocable license to use, reproduce, publish, and modify his or her own contributions in any way and in any territory. In turn, Eurecat agrees to mention and recognize the authorship of the User when doing so.
7. DATA PROTECTION
Access to the Platform and the use thereof by the User involves the processing of his or her data by Eurecat, which is subject to the Privacy Policy.
8. APPLICABLE LAW AND DISPUTES
These Terms of Use are subject to Spanish Law, and whatever differences of opinion that may arise with respect to their implementation, end results or interpretations, are subject to the jurisdiction of the appropriate Spanish judges and courts.