General Terms & Conditions

 

General Terms & Conditions

of the OSI HESP AFP Academic Webfolio Project

 

1. Scope of General Terms

The following OSI HESP AFP Academic Webfolio Project's ("AFP") General Terms and Conditions of Service regulate the legal relationship between OSI and all users ("Users" and the term "User" shall be construed accordingly) of the AFP Internet website at www.academicwebfolio.org  ("the AFP Platform"). By visiting this site, you specifically and automatically accept and agree to abide by these General Terms and Conditions of Service.

The present General Terms and Conditions of Service shall be applied for the use of all part of the Website, including but not limited to Individual Academic Webfolios, Departmental Academic Webfolios, Academic Communities’ Webfolios, Peer reviews, User blogs, Wikis, Forums, Internal Messaging System (“IMS”) and any other part of the Website, excluded the so-called Open CourseWare Section. The descriptions of the aforementioned Services see below in Clause 4.

The present General Terms and Conditions of Service shall be applied also for the use of the Online Libraries which OSI subscribes to as an organization and which are available only for the registered Users of OSI through the aforementioned AFP’s Internet website.

 

2. Eligibility

This website is the sole and exclusive property of OSI. Participation is limited to individuals who are currently OSI AFP Fellows, OSI AFP program staff, OSI AFP Alumni and other OSI partners authorized by OSI. OSI reserves the right, in its sole, exclusive, and confidential discretion, at any time (a) to verify or validate any individual’s right to participate in the AFP Platform, and (b) immediately and without notice to deny participation to, or terminate the participation of, those it determines to be not validly eligible to participate.

 

3. Changes in the Service

OSI may amend, supplement, or modify the General Terms and Conditions of Service at any time, with or without notice. Users will be deemed to have accepted such amended, supplemented, or modified General Terms and Conditions of Service by making any use of the AFP Platform after the General Terms and Conditions of Service have been amended, supplemented, or modified. The most current version of the General Terms and Conditions of Service are available at any time on www.academicwebfolio.org and the Users undertake and acknowledge that always the most current version thereof shall be automatically applied.

 

4. Definitions, Description of Services

(1) Users mean all persons who are Registered Users of the AFP Platform according to Clause 5 (1).

(2) OSI offers Users an Internet platform, on which Users can create and place their own special homepages within the AFP Platform ("Webfolios"). The creation and placement of digital content on Webfolios is achieved through use of a web, a mobile device, or other technical input paths of the User.

 (3) Individual Academic Webfolios are created by individual users and are accessible to all registered users except when individual user limits access to some materials in this Webfolios.

(4) Departmental Academic Webfolios (or „Departmental Webfolios” ) are collections of academic materials presenting the department’s efforts aimed at reforming its curriculum. These academic materials are uploaded by the users associated with this Department.

(5) Academic Communities’ Webfolios are collections of materials created by a group of registered users sharing some common interest (for example, working on the same project) and are used by the registered users, other users can launch it only on the basis of a separate permission granted by the community owner. The members of the Communities upload their own materials and these members have a shared calendar and Wikis as well.

(6) Peer Reviews: the materials of the Webfolios can be peer reviewed, reworked several times by other registered users. Peer reviews are placed both in the Webfolios of reviewers (as part of their cooperation with OSI) and the revieewees. Some of the final versions of these peer-reviewed and reworked materials are published in the so-called Open CourseWare Section.

(7) Online Libraries mean libraries used by the registered Users of the AFP Platform and which AFP subscribes to as an organization directly via the AFP’s Platform. Online Libraries are digital repository providing for long–term preservation and access to leading academic journals and scholarly materials from around the world. The Online Libraries include but not limited to journals; articles; book reviews; journal front and back matter; manuscripts; monographs (each independently "Textual Content"); Data for Research (defined below); spatial/geographic information systems ("GIS") data; plant specimens ("Specimens"); and other materials made available by Online Libraries.

In the context of Online Libraries "Data for Research" means data provided specifically for the purpose of textual extractions; describing and/or identifying content, usage, and operations; or cataloging information pertaining to the Online Libraries, to be used in research involving computational analysis rather than for purposes of understanding the intellectual meaning of such data.

The reference to Online Libraries shall mean each online library offered by AFP even though any of the Online Libraries happen is indicated in the list below.

Online Libraries provided by the subscription of AFP are the following:

- JSTOR

(8) On some pages of the AFP Platform Users may be informed of the opportunity to enter into agreements with third parties. AFP is not liable in relation to, and takes no responsibility for, any contract entered into by Users with any third party.

(9) Work means the literary and/or artistic work offered under the terms of this General Terms and Conditions of Services including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing, an article, a teaching material (syllabi, lecture notes, test assignements, handouts, reading lists, readers, etc.); a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

(10) Adaptation means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this General Terms and Conditions of Services.

(11) Collection means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 4(9), which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this General Terms and Conditions of Services.

(12) Distribute means the assignment of ownership of copies of Work and making the original copy or reproduced copies of Work accessible to the public by marketing or with an offer for marketing.

(13) Original Author means the person who creates the Work. Pending proof to the contrary, for the original author to be regarded as such it shall be sufficient for his/her name to appear on the work in the usual manner.

(14) Publicly Perform means the performance of the Work by means of a live performance before an audience, such as stage performances, concerts, recitations, and readings (hereinafter referred to as „live performances”) and making the Works perceptible by any technical means or method, such as projecting motion picture works, amplifying the sound of works that are broadcast or distributed (on a particular copy) to the audience, and projecting them on screens. Performances that take place in locations that are accessible to the public or in any places where people other than the user’s family, friends, and acquaintances have gathered are considered to be public performances.

(15) Communicate to the Public means to communicate the Works to the public by any technical means, including the analogous or digital terrestrial, satellite broadcasting, cable or IP transmission as well as any on demand on-line communication of the Works to the public via any computer networks (for example Internet) or other telecommunications system, also to retransmit the broadcast Works by way of re-broadcasting or by cable or IP TV systems, including making available to the public the Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them.

(16) Reproduce means reproducing and recording the Works in whole or in parts either on any analogous or digital carrier or medium, either finally or temporarily, carried out directly or indirectly, including the preparation of one or more copies of the recording, making sound or video recording, recording for public transmission by broadcast or cable or IP; storing the Works digitally on electronic media and producing the Works that has been transmitted over computer networks in a material form on whatever medium.

(17) License means the rights granted to the Users in Clause 9 of the present General Terms and Conditions.

(18) OSI Open CourseWare Section is a collection of teaching materials produced by the website users and available for downloading for the entire Internet on one of the Creative Commons Licenses determined on the website http://creativecommons.org/licenses.
Materials for this section are produced by website users affiliated with OSI in some way (fellows, grantees, participants of OSI programs, etc.) as part of the work they do as OSI fellows, grantees, etc.

The Original Authors of the materials placed to the Open CourseWare Section shall select one of the so-called Creative Commons Licenses indicated on the website http://creativecommons.org/licenses/

The aforementioned Original Authors acknowledges unless Original Authors choose otherwise, the Creative Commons Attribution-NonCommercial-No Derivative License (http://creativecommons.org/licenses/by-nc-nd/3.0/; http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode) shall be applied for the use of their materials in the Open CourseWare Section.

The original Authors of the materials placed to the Open CourseWare Section acknowledges that AFP is entitled to further distribute these materials from the Open CourseWare Section on a non-exclusive, non-commercial basis.

 

5. Prerequisites of Use

(1) The AFP Services defined in clause 4 may only be used by Users who:

a. have completed the AFP registration form ("the Registration Form") and been subsequently validated and accepted by AFP;

b. have an email account acceptable to AFP.

(c) confirm by completing the Registration Form that the information given on the Registration Form is complete and correct.

(d) notify AFP without delay of any and all changes to the information on the Registration Form.

(2) AFP retains the right to refuse registration to any User without giving reasons.

(3) If the User provides any information that is untrue, inaccurate, not current, or incomplete, or should AFP, in its sole, exclusive, and confidential discretion, have reason to suspect that such information is untrue, inaccurate, out of date, or incomplete, or if the User does not notify AFP of the changes to the information on the Registration Form, or in the event that AFP become aware of the changes of these information AFP has the right, in its sole, exclusive, and confidential discretion, to suspend or terminate the User's account and refuse any and all current or future use by the User of the AFP Services or any part thereof.

(4) The User understands, acknowledges, and agrees that the provision of the AFP Services may involve AFP sending the User certain communications from AFP such as, but not limited to, service announcements and administrative messages, and that such communications are considered part of the AFP Services and that the User will not be able to opt out of receiving them.

 

6. Duties Arising from Contract

(1) Users may open one User Webfolios in their own name. However, AFP retains the right, in its sole, exclusive, and confidential discretion, to limit the number of Webfolios available to any one User. Any abusive use of several User Webfolios, especially in rating and commenting on entries within the range of the evaluation system, is prohibited and will lead to termination of all of the User’s AFP Services.

(2) Users undertake to protect access to AFP Services from unauthorized use by third parties. The User undertakes not to distribute to any third party said User’s login name and password ("Access Data"). Users hereby acknowledge and agree that they are fully liable for any damages arising from the unauthorized use of their Access Data and the corresponding use of AFP Services. Users notified that their Access Data has been divulged to third parties are obliged to change their password. If this is not possible the User must notify AFP immediately. In the event that the User defaults on this obligation, AFP has the right, in its sole, exclusive, and confidential discretion, to suspend or terminate the User's account and refuse any and all current or future use by the User of the AFP Services or any part thereof.

(3) The User shall provide AFP with a current email address via which the User is always contactable ("the User’s Authorized Email Address"). AFP will not accept any instructions from the User unless they are sent from the User’s Authorized Email Address. Users has to immediately inform AFP of any change to the User’s Authorized Email Address. In the event that the User does not notify AFP of the changes to the Authorized Email Address or in the event that AFP become aware of the changes thereof in other way, AFP has the right, in its sole, exclusive, and confidential discretion, to suspend or terminate the User's account.

 

7. Reservation of Alterations

The AFP Platform and all AFP Services are provided without any assurance of reliability or quality whatsoever. AFP retains the right to alter, remove, or cease providing any or all of the AFP Platform and the AFP Services at any time without reason and without notice. The User hereby acknowledges and agrees that under no circumstances shall AFP be liable to the User or to any third party for any modification, suspension, or discontinuance of the AFP Platform and/or any of the AFP Services and for any damages caused by this.

 

8. Use of Webfolios and the Communities

(1) Users covenant with and represent and warrant to AFP, and understand, undertake, acknowledge, agree, and accept that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, provided to or routed through this site, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated and that the User, not AFP, is solely, exclusively, and entirely responsible for all such content that the User uploads, posts or otherwise transmits via the AFP Services defined in clause 4 thereof.

(2) Users covenant with and represent and warrant to AFP, and understand, undertake, acknowledge, agree, and accept that all Webfolios and any bulletin board services, chat rooms, newsgroups, forums, discussion boards, lists, blogs, Departmental and Academic Communities’ Webfolios, Internal Messaging System, Wikis and/or news and communication services contained in or accessed through the AFP Platform (together, "Communities") may be used by the User only to publish, send, or receive material that is appropriate and related to the Community in question. Furhermore, Users covenant with and represent and warrant to AFP, and understand, undertake, acknowledge, agree, and accept that the information and opinions expressed in materials posted by the Users on Communities are not necessarily those of AFP or its affiliates. AFP makes no representations or warranties regarding such posted materials and does not monitor, control, or accept liability for any information posted to the Communities.

AFP’s Communities are public, not private communications. Therefore, any personal information Users voluntarily disclose can be used by others and may result in unsolicited messages. AFP specifically disclaims responsibility for such third parties’s usage of any information posted to the Communities.

Users covenant with and represent and warrant to AFP, and understand, undertake, acknowledge, agree, and accept that, when using the AFP Platform, the AFP Services defined in clause 4, or any Communities, they will not:

a. post, upload, email, or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

b. behave in any way which is abusive, defamatory or obscene, or which will or is likely to harass any person or which might restrict or inhibit the use and enjoyment of Webfolios, the AFP Platform, the AFP Services or any Communities by any person;

c. post, upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, competitions, "junk mail", "spam", "chain letters", "pyramid schemes", "snowball-systems", "mass-emails", or any other form of solicitation or commercial exploitation;

d. post, upload, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of any computer software or hardware or telecommunications equipment;

e. create a database (electronic or otherwise) other than on a Webfolio that includes material downloaded or otherwise obtained from Webfolios, the AFP Platform, the AFP Services, or any Communities (without prior written permission from AFP and except for the OSI Open CourseWare section);

f. transmit or re-circulate any material obtained from Webfolios, the AFP Platform, the AFP Services, or any Communities to any third party otherwise than through the Communities without prior written permission from AFP and except for the OSI Open CourseWare section);

g. publish text, images, files, data, hyperlinks, software, or other content, which on the basis of a discretionary evaluation by AFP may be construed as abusive, harassing, libelous, obscene, pornographic, or in any other way offensive, including but not limited to the hyperlinks referring to infringing materials and photos without the prior consent of the persons photographed or otherwise depicted unless it is reasonably impractical to do so under the circumstances;

h. forge headers, or otherwise manipulate identifiers to disguise the origin of any material transmitted through the AFP Service, except for Wikis, or develop restricted or password-only Webfolios, or hidden pages or images;

i. promote or provide information about illegal activities, or promote physical harm or injury against any group or individual;

j. offer or advertise products of services for commercial purposes;

k. delete or misrepresent author’s, legal, or other notices of property relating to the source of a software or other material that is uploaded or remove or modify any rights management data, i.e. data provided by the owners of rights in order to identify the work, the author of the work, or which inform about the terms and conditions of the use of the work, including any numbers or codes that represent such information; or

(3) AFP retains the right to suspend and terminate all current and future use of the AFP Services defined in clause 4 (or any portion hereof) without giving reasons and without notice.

(4) Users recognize, acknowledge, and agree that:

a. entries placed in Webfolios or Communities are accessible by the other users and do not represent private diaries or conversations;

b. entries placed in Webfolios or Communities can be read by other registered users without the User’s knowledge;

c. "Privately" placed entries in Webfolios or Communities may also be read publicly if a User makes an operating error, third parties enter the system illegally, or there are errors in the computer software;

d. AFP is not liable for the unintended publication or public or private use of any communication posted to this site, Webfolio(s) or Community or Communities, whether of a public, private, and/or personal nature;

e. AFP does not control or endorse the news and information that is found in Webfolios or Communities and is not liable in respect of any such material;

f. AFP website managers, registered users, guest bloggers, or other members of the Communities are not authorized spokespersons for AFP and their opinions do not necessarily reflect the opinions of AFP;

g. AFP does not and will not actively monitor, edit, or supervise Webfolios, the Communities or the contents thereof, and does not accept responsibility or liability for material posted by Users although, at a Users’ request or on AFP’s own initiative should it determine in its sole, exclusive, and confidential discretion that such steps are necessary, AFP will remove any material that a User finds offensive; and

h. AFP retains the right to delete or block Community and/or Webfolio content and to remove it without giving reasons;

i. users can provide their feedback to any material of any Webfolio in the form of comments placed on the same Webfolio, or in the form of peer reviews of these materials and these comments and peer reviews will be accessible by other Users.

(5) In addition, Users agree that it is a condition that they conform to and respect the AFP Webfolio and Community Rules in their most recent form. Without limiting the generality of the foregoing sentence of this subparagraph 5, Users further covenant with and represent and warrant to AFP, and understand, undertake, acknowledge, agree, and accept that, subject to the content-related rules set forth above, and to preserve the textual and graphical integrity of a discrete posting as of the date it is posted, said material cannot and shall not be modified, adapted, or changed following its posting.

 

9 License

(1) Users acknowledge and agree that the AFP Platform and the AFP Service defined in clause 4 involves the use of software ("Software") that contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge that the content of Webfolios, the AFP Platform and the Communities contain advertisements or information or other materials that may also be protected by copyright, trade mark registrations, patents or other proprietary rights and laws.

(2) The Users are permitted to the following use of the Works made available on or in the Webfolios, the AFP Platform and the Communities:

The works are provided under the terms of this License. Any use of the works other than as authorized under this License or copyright law is prohibited.

By exercising any rights to the Works provided here, Users hereby accept and agree to be bound by the terms of this License. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

(3) Subject to the terms and conditions of this License, Users are entitled to use the Works on the basis of a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Works as stated below:

  1. to Reproduce the Works, to incorporate the Work into one or more Collections, and to Reproduce the Works as incorporated in the Collections; and,
  2. to Distribute the Works including as incorporated in Collections;
  3. to Publicly Perform the Works including as incorporated in Collections;
  4. to Communicate to the Public the Works  including as incorporated in Collections.

(4) The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise Users have no rights to make Adaptations. All rights not expressly granted are hereby reserved, including but not limited to the rights set forth in this Clause.

(5) The License granted in the present Section is expressly made subject to and limited by the following restrictions:

  1. Users may Distribute, Publicly Perform or Communicate to the Public the Work only under the terms of this License. Users may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License.
  2. Users may not sublicense the Work.
  3. When Users Distribute, Publicly Perform or Communicate to the Public the Work, they may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from the Users to exercise the rights granted to that recipient under the terms of the License.
  4. Users may not exercise any of the rights granted to them in this Section in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
  5. If the Users Distribute, Publicly Perform or Communicate to the Public the Work or Collections, Users must, unless a request has been made, keep intact all copyright notices for the Work and provide, reasonable to the medium or means Users are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, (ii) the title of the Work if supplied.

(6) Except as otherwise agreed in writing or as may be otherwise permitted by applicable law, if Users Reproduce, Distribute, Publicly Perform or Communicate to the Public the Work either by itself or as part of any Collections, Users must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.

(7) Users covenant with and represent and warrant to OSI, to other Users and other third parties acquiring any rights, licenses or authorizations on any use of the Works and other materials uploaded or published in a publicly accessible Webfolio or area of the AFP Platform and the AFP Services defined in clause 4 that the Works and other materials constitutes their sole own independent original and individual creation and there is not any third party whose legitimate right, title or interest could obstruct or restrict the exercise of the rights, licenses or authorizations acquired by AFP, other Users or any third parties.

Accordingly, the Users hereby undertake to indemnify and keep both OSI, other Users and other third parties continuously indemnified against any and all third party claims of any third parties arising from the use of the materials uploaded or published in a publicly accessible Webfolio or area of the AFP Platform and the AFP Services defined in clause 4 should such claims be based on either so-called authors’ economic or moral rights or any other proprietary rights or general personal/moral rights.

 

10. Use of the Online Libraries

(1) In the case of the Online Libraries the provisions of the General Terms and Conditions of Services shall be applied with the following differences.

(2) By using Online Libraries through AFP subscription, Users signify their agreement to all of the terms, conditions, and notices contained or referenced herein as well as in the Terms and Conditions of the respective Online Libraries.

(3) Except where the Terms and Conditions of the respective Online Libraries stipulate otherwise, the Online Libraries may be used solely according to the following terms and conditions:

(4) Permitted Uses

Registered Users may search, view, reproduce, display, download, print, perform, and distribute Content in the Online Libraries provided they abide by the restrictions in Sections 10(5) and elsewhere in these General Terms and Conditions of Services, for the following Permitted Uses. Permitted Uses also may be undertaken remotely through secure access methods:

a)      research activities;

b)      classroom or organizational instruction and related classroom or organizational activities;

c)      student assignments;

d)      as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;

e)      on an ad hoc basis and without commercial gain, sharing discrete textual content or specimens with an individual who is not a Registered User for purposes of collaboration, comment, or the scholarly exchange of ideas;

f)        in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Registered User and/or his or her faculty readers are affiliated; and

g)      linking (see Section 10(6) below).

(5) Prohibited Uses.

a)      use or authorize the use of Online Libraries for commercial purposes, including charging a fee-for-service for the use of Online Libraries beyond reasonable printing or administrative costs. For purposes of clarification, "commercial purposes or gains" shall not include research whose end-use is commercial in nature.

b)      provide and/or authorize access to the Online Libraries or content available through individual access to persons or entities other than Registered Users;

c)      modify, obscure, or remove any copyright notice or other attribution included in the Online Libraries;

d)      attempt to override, circumvent, or disable any encryption features or software protections employed in Online Libraries;

e)      Systematically print out or download content to stock or replace print holdings;

f)        undertake any activity that may burden the Online Libraries' server(s) such as computer programs that automatically download or export content, commonly known as web robots, spiders, crawlers, wanderers or accelerators;

g)      make any use, display, performance, reproduction, or distribution that exceeds or violates these General Terms and Conditions of Services; or

h)      incorporate content into an unrestricted database or website, except that authors or other content creators may incorporate their content into such sites with prior permission from the publisher and other applicable rights holders;

i)        download or print, or attempt to download or print, an entire issue or issues of journals or substantial portions of the entire run of a journal, other than on an isolated basis because of the relevance of the entire contents of a journal issue to a particular research purpose, or substantial portions of series of monographs or manuscripts; or

j)        reproduce or distribute content in bulk, such as by including content in course packs, electronic reserves, or organizational intranets.

(6) Linking.

Third party sites linked to or from the Website are not controlled by AFP. AFP is not responsible for the contents or privacy policy of any linked site. AFP provides the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by AFP.

(7) Disclaimer of Warranties and Limitation of Liability 

Users expressly agree that the use of the Website to access the Online Libraries is at their sole risk. Neither AFP, its affiliates or partners nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy or reliability of any information provided through the Website.

In no event will AFP, or any person or entity involved in creating, producing or distributing the Website or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, arising out of the use of or any inability to use the Service.

The above disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this Website, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action. The Users specifically acknowledge that AFP is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the Users.

 

11. Liability

(1) AFP does not guarantee and is not liable for the constant and uninterrupted use of the AFP Platform, the AFP Services or the Webfolios.

(2) AFP does not guarantee and is not liable for contracts or offers made or accepted through AFP except where such contracts and/or offers are made by duly authorized representatives of AFP itself.

(3) AFP is not responsible for the content of advertising banners and other external non-AFP-originating contents on the AFP Websites. Likewise, AFP is not liable for the contents of external Websites referred to at AFP and by AFP.

(4) The provision of the necessary technical prerequisites for use of the AFP Services, especially the necessary hardware and software (e.g., internet browser) as well as access and transfer services must be provided and paid for by Users. AFP does not guarantee the compatibility of the AFP Services with the individual hardware and software furnishing of a User.

(5) AFP works to maintain the privacy of any personally identifiable information (name, mailing address, email address, etc.) that may be collected though this site. Please note, however, that, though this site has security measures in place, AFP does not represent, warrant, or guarantee to any User or other person or entity that personal information will be protected against unauthorized access, loss, misuse, or alterations. Similarly, AFP hereby disclaims liability for personal information submitted through the website. Users are hereby advised that they submit such personal information at their own risk. AFP does not accept any liability for any losses or damage suffered by Users as a result of any use by a User of Webfolios, the AFP Platform, AFP Services, Online Libraries or the Communities.

(6) Each User hereby indemnifies and holds AFP, and its subsidiaries, affiliates, officers, and agents, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the User’s use of the AFP Services or the AFP Platform or arising out of any breach of the General Terms and Conditions of Service or arising as a result of any other activity of the User. Without limiting the foregoing sentence of this subparagraph 11(6), Users hereby agree to indemnify and hold harmless AFP from and against any costs, sums, fees, damages, penalties, fines, assessments, or other amounts of any kind whatsoever (including, without limitation, actual attorneys’ fees), that AFP is or may be required to pay as a result of a User’s breach of the covenants, representations, and warranties set forth in subparagraphs 8(2) and 9.

(7) Users acknowledge and agree that all materials which infringes any rights or concerning which suspected to be infringing AFP has the right in its sole, exclusive, and confidential discretion to remove or delete such materials without any prior notice.

 

12. Termination of Contract

(1) Users may cancel their account and their agreement with AFP for provision of the AFP Services at any time by giving AFP two weeks’ notice. AFP has the right to cancel a User’s account and cancel AFP’ agreement with a User with immediate effect without notice.

(2) Users agree that AFP shall not be liable for to Users or to any third party for any termination of access to service or removal of content.

 

13. Privacy Policy and Data Protection

OSI is registered under, and will process Users’ Registration Data and other personal data in accordance with, applicable data protection legislation. AFP does not divulge personal data to third parties. The AFP privacy promise located at  www.academicwebfolio.org is applicable.

However, AFP may decide or be required to disclose information to law enforcement, other government authorities, or third parties under certain circumstances. AFP can and Users hereby authorize AFP to disclose any information about Users that AFP, in its sole discretion, believes is necessary or appropriate, in connection with an investigation of fraud, infringement of intellectual property rights, third-party lawsuits, or other activity that is illegal or may expose AFP to legal liability.

In no event will AFP, or any person or entity involved in the disclosure of information based on the foregoing, be liable for the any further use of third parties of the information disclosed according to the foregoing by AFP.

 

14. Viruses

Whilst effort has been taken to ensure that the AFP Platform, Webfolios and the Communities are free from viruses, AFP gives no warranties to Users that it will always be free from viruses and Users are responsible for ensuring that they have installed adequate and up-to-date virus-checking software. AFP excludes all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the AFP Platform, the AFP Services, Webfolios and the Communities.

 

15. Miscellaneous

(1) The names, images and logos identifying AFP/HESP/OSI or third parties and their products and services, are the proprietary marks of AFP/HESP/OSI, and/or may be the proprietary marks of third parties. No use may be made of these marks absent the prior written consent of the marks’ owner(s).

(2) If any of the General Terms and Conditions of Service should be determined to be illegal, invalid, or otherwise unenforceable, the term or terms in question shall be severed and deleted from the General Terms and Conditions of Service and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.

(3) These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising from matters relating to the Website shall be exclusively subject to the jurisdiction of the courts of the United States of America.

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