2 February, 2012
Thank you for considering the Peer 2 Peer University, Inc. (with it’s affiliates, “P2PU” or “We”) services available on the “www.p2pu.org” website or other applications and services owned or operated by P2PU (collectively, the “Services”).
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE. FURTHER, IF YOU ARE OVER 13 BUT ARE UNDER THE AGE OF CONSENT WHERE YOU LIVE, THEN YOU MUST GET THE CONSENT OF YOUR PARENTS PRIOR TO USING THE SERVICE.
Your privacy is important to us. Please read our Privacy Notice (available at https://p2pu.org/en/pages/privacy/) carefully for details relating to the collection, use, and disclosure of your personal information. Our Privacy Notice is hereby incorporated into these Terms by reference.
Your use of any trademarks, trade names or other indicia of origin of P2PU will be governed by our trademark policy, as updated from time to time (the “P2PU Trademark Policy”).
3. Modification of Terms.
We may modify this Agreement from time to time and will use reasonable efforts to give you notice if we do. Your continued use of the Service after the posting of changes constitutes your acceptance of such changes.
We and our licensors own and operate the Service. All of the materials, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and other elements of the Service that are provided by us (the “P2PU Materials”) and other parts of the Service are protected by intellectual property and proprietary rights, and applicable laws. P2PU Materials do not include your User Content (defined below) or any other content owned by and submitted by other users of the Service, including teachers. Many of the P2PU Materials are licensed to you under a permissive or open license, and only to the extent any P2PU Materials are not expressly licensed to you, we and our licensors reserve all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Service or P2PU Materials, except for the limited rights set forth in this Agreement or any express license from us or our licensors.
- Although some institutions partner with P2PU from time to time and may offer credit to you if you are a part of such institution, P2PU is not an educational institution and P2PU courses are not currently an accredited course of study in any country;
- teaching on P2PU is a voluntary and we are an unaccredited institution powered by the efforts of volunteers; that your participation in P2PU courses is on a voluntary basis;
- that we do not guarantee enrolment into any P2PU courses or the continued offering of any of courses;
- that we reserve the right to limit the number of enrolments in each course for any reason;
- that we reserve the right to terminate your participation in the course for any reason;
- that we reserve the right to change the commencement and end dates and times of any course for any reason; and
- that we reserve the right to cancel a course for any reason.
6. User Content.
- Generally. The Services may permit the submission and posting or linking of text, chat logs, pictures, media, audio and video recordings, commentary or any other content submitted by you and other users (“User Content”), and the linking, hosting, sharing, and/or publishing of such User Content. We can’t and don’t promise that we will publish your User Content or that we won’t take it down after it has been published. Additionally, we don’t guarantee any confidentiality with respect to your User Content. You retain any ownership rights in your User Content, but we need to have the rights to make it available through our Service. Therefore, by submitting User Content to us, you hereby grant P2PU and its affiliates and every user of the P2PU service a license to your User Content under the Creative Commons Attribution Sharealike 3.0 license available at http://creativecommons.org/licenses/by-sa/3.0/legalcode. Without limiting your rights under the foregoing license, by submitting User Content, you also grant P2PU and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content.
- Representations and Warranties. You are solely responsible for your own User Content and the consequences of posting or publishing them. Separately from any license under which such User Content is provided to us, in connection with your use of our Services and your User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, copyright, or other proprietary rights in and to any and all of your User Content to enable inclusion and use of User Content in the manner contemplated by us and these Terms, and to grant the rights and license set forth above, (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (iii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iv) your User Content, our use of such User Content pursuant to these Terms, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
- Content Disclaimer. When using the Services, you will be exposed to User Content and other content (such as P2PU Materials and other content) from a variety of sources, and we are not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such content. Further, you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content. We don’t endorse any User Content or other content or any opinion, recommendation, or advice expressed in them. Under no circumstances will we be liable in any way for or in connection with any User Content or other content, including, but not limited to, for any inaccuracies, errors or omissions in any content, any intellectual property infringement with regard to any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise displayed, downloaded or transmitted via the Services.
7. Monitoring Users and Content.
All content is the sole responsibility of the person from whom such content originated. We do not control the content posted by users or otherwise made available by other persons and do not have any obligation to monitor such content for any purpose. We may choose to monitor or pre-screen content (in our sole discretion) but we nonetheless assume no responsibility for the content, and shall have no obligation to modify or remove any inappropriate content or responsibility for the conduct of the user submitting it. We may also remove any User Content or other content that, in our sole judgment, violates these terms or is otherwise objectionable. You agree to evaluate and bear all risks associated with the use of any User Content or other content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content or other content.
8. Use of Services.
Subject to the terms and conditions in these Terms, we grant you permission to use the Services as set forth in these Terms, provided that you abide by any applicable license terms and you do not use the Service for any illegal purpose. You represent and warrant to us that, you have and will use the Service in compliance with all laws applicable to you.
9. Prohibited Uses.
- As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Access to the P2PU Materials and the Services from territories where such access or use is illegal is prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
- You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services.
- You agree not to attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
- Except as permitted in the P2PU Trademark Policy, you agree not to use any P2PU logos or trademarks without our express written consent.
- You agree not to make unsolicited offers, advertisements, proposals, or send spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
10. Account Information.
You will ensure that any payment information is kept accurate and up-to-date at all times. We may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of P2PU, its users and the public.
As you will be responsible for all activities that occur under your username and password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify us at email@example.com. If another user uses your account you may be responsible for the results of such use.
12. Links and Third Party Services.
We may provide links or functionality in the Service to other services, sites or content (“Third Party Services”). P2PU has no control over such Third Party Services or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Services or content linked to by the Service. We provide links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Services.
13. Availability of Service.
We may make changes to or discontinue any of the media, web communities, products, or services available within the Service at any time, and we will endeavor to provide you with notice about any changes we think are material to the Service. The media, products, or services on the Service may be out of date, and we make no commitment to update these materials on the Service.
14. User Disagreements.
You are solely responsible for your involvement with other Users. If you have a dispute with one or more users, you hereby release P2PU (and P2PU's parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- P2PU. We make every effort to keep P2PU up and running smoothly. However, we may, in our sole discretion, terminate any user account (or any part thereof) you may have at the Service or your use of the Service, and remove and discard all or any part of your account or any of your User Content, at any time, with or without notice. We may, in our sole discretion, also discontinue providing access to the Service, or any part thereof, with or without notice. You agree that P2PU shall not be liable to you or any third-party for any termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies P2PU may have at law or in equity.
- User. If you are dissatisfied with the Service, please let us know at firstname.lastname@example.org. Your input is valuable to us. If you are dissatisfied with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of P2PU in operating the Service, or (iv) any content or information transmitted through the Service, you may also terminate these Terms and your account. You may terminate these Terms at any time by upon written notice to us by discontinuing all use of the Service and by removing your User Content from the Service (subject to the licenses you have granted to such User Content).
16. Indemnification; Hold Harmless.
You agree to indemnify and hold harmless P2PU, and its parent, subsidiaries, affiliates, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Service; (ii) your User Content, including P2PU’s use, display or other exercise of its license rights granted herein with respect to your User Content; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. P2PU reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of P2PU. P2PU will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Disclaimers; No Warranties.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P2PU, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM P2PU OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19 AND IN SECTION 20, THE TERM “P2PU” INCLUDES P2PU'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. You further acknowledge that P2PU and its affiliates have no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
- “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
- Platform Operation and Content. P2PU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE P2PU MATERIALS, USER CONTENT, SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Accuracy. P2PU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY THIRD PARTY SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Harm to Your Computer or Device. YOU UNDERSTAND AND AGREE THAT YOU IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SERVICES, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. Limitation of Liability; Damages
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL P2PU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE P2PU MATERIALS AND USER CONTENT ON THE SERVICE OR ANY THIRD PARTY SERVICES, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH P2PU, EVEN IF P2PU OR A P2PU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, P2PU’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Limitation of Damages. IN NO EVENT SHALL P2PU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID P2PU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
- Third Party Services. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN P2PU AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SERVICES.
19. Limitations by Applicable Law; Basis of the Bargain.
- Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
20. DMCA Compliance.
It is P2PU's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that P2PU will promptly terminate without notice any User's access to the Service if that User is determined by P2PU to be a "repeat infringer." In addition, P2PU accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
21. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
- Miscellaneous. This Agreement will be governed by and construed under the law of the State of California without regard to its conflict of laws provisions. The federal and state courts in the Northern District of California will have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. In addition to any other rights and remedies, P2PU may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior discussions, proposals and understandings between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless set forth in writing signed by officers of both parties hereto. You can’t transfer or assign your rights or obligations under this Agreement but we may do so freely. This Agreement will be binding upon and inure to the benefit of the parties hereto, including their valid successors and assigns. If any provision of this Agreement is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
- Claims. YOU AND P2PU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Disclosures. The Service is offered by Peer 2 Peer University, Inc., located at 110 Capp St., Suite 300, San Francisco, CA 94103. Email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.