General Terms of Use IT-Learning Online Academy

These TERMS OF USE (“Terms of Use”) constitute a binding agreement between you (“Student”) and IT-Learning Online Academy (“IT-Learning ”), regarding the terms under which the IT-Learning will provide Student with access to the Services.

BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, STUDENT SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF USE (“Acceptance”). Student agrees that its assent, given electronically, will have the Term of Useme legal effect as if it had been personally signed by Student. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference.

1) TERMINOLOGY.

“Effective Date” – refers to the date that the IT-Learning confirms Student’s right to use the Services.
“Public Website” – means that portion (Homepage) of the IT-Learning-online.academy Website that is available for use by any person without the need to be a Student.
“Services” – means the blocked part of the IT-Learning-online.academy website, and the entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to the foregoing), that can only be entered by using a username send by the IT-Learning.
 “Student” – refers to a student that has – based on the relationship with the IT-Learning – granted the right to access the Services. A Student must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Student resides. Access to the Services is strictly limited to the period of time that the Student is qualified to be a Student by virtue of his or her relationship with the IT-Learning.
“Subscription Term” – means the period of time that a Student may utilize the applicable portion of the Subscription Website.
 “Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
“Website” – means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in the IT-Learning website located http://it-learning-online.academy  (or such other web address notified by the IT-Learning to Students at any time), and includes the entirety of both the Subscription Website and the Public Website.

2) CONTENT USE AND LIMITATION.

2.1 Each User is permitted to use the Services to:
2.1.1 electronically search across and view onscreen the full content of all Services;
2.1.2 print, download and store Sections (defined below) of a work on the individual Students hard drive or other storage device for such individual Students personal use only;
2.1.3 quote portions of works accessible via the Services in works authored by the Student, up to an aggregate of 250 words from any single text work or a comparable strictly limited portion of material in other media, provided that the copyright owner is given proper attribution in any publication or other media in which the quote appears, based on the proprietary notices that appear with the content in the Services. Section means the limited portion of a work that is displayed by the Student at one time by the Service. Students can scroll freely throughout a single Section. To access another Section, a Student is required to click through.
2.2 Each Student that the IT-Learning retains as a course instructor is also permitted to:
2.2.1 post up to 2 Sections of any work of the Service on IT-Learning instruction-related intranet site, provided that (a) the site is monitored for unauthorized use by the IT-Learning and any such use is promptly halted, (b) the posted Sections is limited to bona fide students enrolled in the instructor’s course, and (c) the posted material is removed when the course is completed; and
2.2.2 reproduce in hard copy format no more than 2 Sections of any work included in the Services, for use by enrolled students in courses conducted by the instructor.
2.3 Subscriber acknowledges and agrees that use of “web spiders,” or any other automated retrieval mechanisms (other than search and retrieval features of the Service) for any purpose is prohibited. Subscriber will not, and will not permit others to: (a) modify, remove, augment, publish, transmit, create derivative works from, or in any way exploit any of the content accessed via the Service, in whole or in part, except as expressly provided in this TERM OF USE, or except in ways which qualify as “fair use” under U.S. copyright law under Section 107 of Title 17 of the United States Code (“U.S. Fair Use”); (b) post any content accessed via the Service to Usenet, or any third party website, or provide such content to others by any other means, such as an intranet system, blogs or RSS feeds, except as permitted by this TERM OF USE, or under U.S. Fair Use; (c) provide any hosting service with access to the Service, and/or content accessed through the Service; and/or (d) assign or otherwise transfer to any third party, all or any part of rights granted under this TERM OF USE, or any content accessible through the Service. Subscriber will notify Term of Usefari immediately of any actual or suspected (a) unauthorized use(s) of the Service, or any content accessed through the Service, or (b) breach of security, including loss, theft, or unauthorized disclosure of any password or credit card information, or confidential information related to the Service. Except as expressly permitted by this TERM OF USE, content accessed via the Service may not be stored, reproduced, or transmitted in any form and/or by any means without the express prior written permission of the copyright owner. Term of Usefari and its content providers reserve all rights not expressly granted in this TERM OF USE. Term of Use or its content providers own the title, copyright, and other intellectual property rights. Subscriber will not remove or obscure any copyright or other proprietary notices that appear on the Service, or on content accessed through it. The Service, and the content accessed through it, are provided on a limited basis under this TERM OF USE, and are not being sold or otherwise transferred to Subscriber. Term of Usefari may terminate or suspend any Student’s access to the Service in the event of any actual or alleged fraud or violation of this TERM OF USE, or the intellectual property rights of any owner of any content accessible through the Service.

3) STUDENT WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.

• Students are not allowed to share Student names, passwords or accounts. In order to access al Services, Students must have their own Student name and password assigned by the IT-Learning Online Academy administrator.
• If a Student becomes disqualified to use the Services, the Student must immediately cease using the Services, and all copies of content accessed via the Service stored by that Student on any hard drive or other storage device or in hard copy must be deleted or destroyed.
• Student will be deemed to have taken any action that it permits, assists or facilitates any person or entity (including any Student) to take related to the Services or this Terms of Use.
• Student will ensure that its compliance with all obligations under this Terms of Use.
• Subject to these Terms of Use, Student will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access the Subscription Website. By agreeing to grant such access, the IT-Learning does not obligate itself to maintain the Website, or to maintain it in its present form. The IT-Learning may upgrade, modify, change or enhance the Services and convert a Student to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Student’s use of the Services and on reasonable prior notice to Student (unless the change is of critical business importance or outside IT-Learning control, in which case IT-Learning will explain the reason for the changes as soon as is reasonably practicable).
• Student agrees to abide by any rules or regulations that the IT-Learning publishes with respect to conduct of Students and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Use by this reference. The IT-Learning reserves the right to deny a Student and/or an Authorized End User access to the Subscription Website if, in the IT-Learning sole discretion, Student and/or Authorized End User has failed to abide by these Terms of Use or appear likely to do so.
• Student accepts that the IT-Learning in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.
• Student promises, acknowledges, and agrees that:

1. Access privileges may not be transferred to any third-parties;
2. It will not access, store, distribute or transmit any Viruses;
3. It will comply with all applicable laws and regulations with respect to use of the Services;
4. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
5. It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
6. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
7. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
8. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary of Usery to access and use the Services;
9. It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

4) AVAILABILITY OF WEBSITE.

Student recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the IT-Learning liable for delays that are ordinary in the course of Internet use. Student further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the IT-Learning upgrading, modification, or standard maintenance of the Website.

5) INTELLECTUAL PROPERTY RIGHTS.

• The Services are owned by the IT-Learning , its licensors or other providers of such material, and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
• No right, title or interest in or to the Services or any portion thereof, is transferred to any Student or End User, and all rights not expressly granted herein, are reserved by the IT-Learning.
• The IT-Learning name, the IT-Learning logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the IT-Learning or its affiliates or licensors. Student may not use such marks without the prior written permission of the IT-Learning . All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

SUBMISSIONS TO THE WEBSITE

You agree that you as a Student are and shall remain solely responsible for any Content you submit to the site. You agree not to submit Content that:

1. has been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
2. contains material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
3. contains any ideas or Content you consider to be proprietary;
4. contains images or any type of artwork not created by you;
5. contains material that is inappropriate, derogatory, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by the IT-Learning in its sole discretion);
6. contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, diTerm of Usebility, sexual orientation or age, (as determined by the IT-Learning in its sole discretion);
7. contains material that is unlawful, in violation of or contrary to the laws or regulations of any applicable jurisdiction; or
8. contains any other material the IT-Learning determines to be inappropriate for any reason.

Any materials, ideas or other information (“Content”) submitted to this website are provided with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use the Content throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the Content is labeled or otherwise marked as confidential or proprietary.

6) IT-Learning OBLIGATIONS.

The IT-Learning will use reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the IT-Learning , including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the IT-Learning instructions, or modification or alteration of the Services by any party other than the IT-Learning . If the Services are in non-conformance with the foregoing undertaking, the IT-Learning will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Student with an alternative means of accomplishing the desired performance.

7) CONFIDENTIALITY.

Student agrees to maintain the confidentiality of the IT-Learning Confidential Information. For the purposes of these Terms of Use, the term “Confidential Information” means all portions of the Services, including but not limited to, the Subscription Website.

8) THIRD PARTY LINKS OR INFORMATION.

This Website may contain links to other websites that are not operated by or related to IT-Learning. IT-Learning is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by IT-Learning. A Student that leaves this Website to access these third-party sites does so at its own risk.

9) DISCLAIMERS OF STATEMENTS/WARRANTIES.

STUDENT’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IT-LEARNING, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IT-LEARNINGH, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET STUDENT’S NEEDS OR EXPECTATIONS. IT-LEARNING AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY IT-LEARNING, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

10) LIMITATION OF LIABILITY.

• IT-LEARNING DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR IT-LEARNING TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.SECTION 12 (B) APPLIES TO INDIVIDUAL STUDENT RESIDENTS OF A EUROPEAN UNION STUDENT COUNTRY:
• IN NO EVENT WILL IT-LEARNING, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED TERM OF USE SAVINGS; OR (V) LOSS OF DATA.

11) INDEMNITY.

Student agrees to defend fully IT-Learning, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Student of any representation, warranty, covenant, obligation or duty of Student under this Agreement.

12) CHANGES.

Except, for any provisions determining the primary contractual obligations of Student and IT-Learning hereunder, IT-Learning has the right to revise and amend these Terms of Use from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Student’s continued use of any of the Services following the posting of revised Terms of Use means that Student accepts and agrees to the changes, to the extent permitted by applicable laws.

13) INJUNCTIONS.

Student acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Use may cause IT-Learning irreparable damage, for which the award of damages would not be adequate compensated. Consequently, IT-Learning may seek an injunction to prevent Student from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and IT-Learning may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which IT-Lrning may be entitled at law or in equity.

14) GOVERNING LAW AND VENUE.

These Terms of Use shall be construed and governed by Dutch law, without regard to the principles of conflict of laws thereof. Student agrees and accepts that any legal action or proceeding shall be brought under Dutch law, and Student expressly waives any objection to personal jurisdiction, venue or forum non conveniens. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE AN INDIVIDUAL STUDENT RESIDENT IN A STUDENT COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A STUDENT BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE.

15) NOTICES.

Legal notices may be sent to info@IT-Learning Online Academy.nl.  Notices to Student may be sent to the email address supplied in Student’s account. In addition, IT-Learning may broadcast notices of Term of Use through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Student to the extent permitted by applicable law. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the Student; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after IT-Learning posts a notice on the Website.

16) FORCE MAJEURE.

IT-Learning will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond IT-Learning reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

17) PRIVACY POLICY AND WEBSITE USE POLICY.

Student agrees to comply with the then-current Website Use Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). IT-Learning reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. Student’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that Student accepts and agrees to the changes.  In the event of an express conflict between the Terms of Use and the terms of the Policies, the Terms of Use will prevail.

18) NO THIRD PARTY BENEFICIARIES.

No person or entity not a party to these Terms of Use will be deemed to be a third party beneficiary of these Terms of Use or any provision hereof.

19) SEVERABILITY.

If any provision of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

20) WAIVER AND AMENDMENT.

If IT-Learning fails to insist upon strict performance of Student’s obligations under any of these terms and conditions, or if IT-Learning fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve Student from compliance with such obligations. No waiver by IT-Learning of any default will constitute a waiver of any subsequent default, and no waiver by IT-Learning of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Student in writing.

21) COMPLETE UNDERSTANDING.

These Terms of Use, together with the Privacy Policy, constitute the sole and entire agreement between Student and IT-Learning with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

22) INFORMATION ABOUT THE IT-LEARNING.

IT-Learning Online Academy is located in the Netherlands, Delwijnsestraat 5, 5315 AV, Kerkwijk.

EFFECTIVE DATE: November 1, 2018