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General use of the website

The CLOSER Community Platform is provided to you by the TIDE research group at Universitat Pompeu Fabra, for the purpose of creating, sharing, commenting and implementing classroom learning designs. For the purpose of improving these services and functionalities, and analyzing and researching learning design usage, the TIDE also analyses use of the portal by registered users.

CLOSER is provided to you for create and share learning designs.

Use of the CLOSER website and corresponding services by any user (“you” or “User”) entails full acceptance of these terms and any specific conditions published on the website. Accordingly, users are recommended to read carefully these terms and conditions and any instructions shown on the website each time they access the site.

By accessing the site, you agree to these terms.

We reserve the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms and conditions. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. These terms may be saved and printed by the user using the "Print" function of the browser.

Registered Users will be provided 30 days’ prior written notice of any change in this conditions, which will go into effect on the date stated in the notice, and they may cancel their registration at any time by contacting tide-info@upf.edu.

We may change these terms from time to time.

We will notify registered users of any change.

Intellectual Property Rights

Independently of any free or open source software or content license that may apply to any works (as indicated in each case), and except for works that are in the public domain, all the elements of this website - including each individual work and the structure, arrangement and selection of those works - are covered by intellectual or industrial property rights. The rights in content, source code, form, design and name of the products, applications, tools, pages, brands, commercial names, logotypes, images, sounds and graphics, belong to, or have been granted to or are the object of a license in the name of, UPF. Authorship and the right to use these works in any manner, including reproduction, modification, distribution or public communication, are protected by Spanish or international regulations governing industrial and intellectual property.

The website and materials on CLOSER are protected by copyright laws.

User Account

Registration. To use and post content to CLOSER, you must create an account by completing the corresponding form with your details and agreeing to these Terms. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the CLOSER services in accordance with these Terms. The privacy policy applicable to personal data collected and processed by CLOSER is set out here.

To post content, you must register and create an account. Please read our privacy policy, which you must accept for registration

Term. The account will be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancellations should be addressed to our tide-info@upf.edu e-mail address. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 7 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your personal data will be deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). The content you have posted to the site will be reviewed and, at your option, may be deleted or kept online.

Your account remains active, but we may suspend it if you breach these rules and your content may be removed.

Responsibility and Use. You are responsible for all activities undertaken under your account. You agree not to use the CLOSER account for any illegal or unauthorized purpose or any activity that infringes third party rights. Unless otherwise agreed in writing with us, you may not use the CLOSER website portal for commercial purposes (note for clarification, we do not consider teaching in private or for-profit institutions a “commercial purpose”). You must not use the service in any manner that may deteriorate it or violates any laws (including but not limited to copyright laws). You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of your CLOSER Account.

You are responsible for activity under your account, and you agree to comply with these terms and the law.

Security. You understand that the CLOSER account can be used for transmission of your content. We use encrypted communications (HTTPS). Please also note that your public profile and published content will be visible by third parties.

Transmissions to CLOSER over the Internet are encrypted.

Interactive services and User content

CLOSER provides interactive services to users that allow them to create and post content on the web site (e.g. learning designs), send and receive internal messages, comment on other users’ designs, etc. ("interactive services"). Users must provide and use such content and services in accordance with current legislation, these terms and conditions, any specific conditions regarding the provision of these services, and ethical conduct embodied in our Acceptable Use Policy. In particular but without limitation, users may not use this site in breach of any Intellectual and Industrial property rights (copyright, trademarks, trade secrets, etc.) nor of personal rights such as image, honor, and personal intimacy. Without limitation, you agree not to use such services to disclose, publish or disseminate any spam, illegal code/virus/malware, confidential or misleading information or advertising, or other harmful uses that may damage the systems, reputation and interests of UPF, its licensees or its users. Our Acceptable Use Policy is set out here.

Users can create learning designs, comments and other content on CLOSER. You agree that your content and behaviour on the site will comply with these terms, our community norms, and the law.

Please note that CLOSER is a user community and network and to develop this community, certain of your user activity (the number of designs, your public user profile and photo, analytics and comments on designs) is visible to others users. You may also send and receive private messages to/from users.

Other users may see your activity on CLOSER.

Your learning designs and comments posted to the web are not moderated as regards their quality and appropriateness for the site. We do not control or supervise contributions made by users and other third parties to the web site, for example learning designs, user comments, etc., except when required by applicable law or competent court or administrative decision or to remove spam and other irrelevant or harmful content. We do check from time to time for inappropriate or illegal content. If we spot any content we consider may be illegal or infringe these conditions, we will investigate and may immediately or later remove or block this content.

If you spot any content you wish to flag as being inappropriate, illegal or in particular a breach of your rights (copyright, personal rights, etc.), then please contact us at tide-info@upf.edu. And we will investigate. This may mean sending your flag to the poster of the contested content, with details (but without indicating your name or user account)

We do not review the learning designs and comments posted to the site, but the community does, and may notify us.

All content, announcement, comment, opinion, declaration or recommendation made within the interactive services shall exclusively be attributable to the User/s expressing such points of view. In no circumstances shall such announcements, comments, opinions, declarations or recommendations be attributable to CLOSER, which will be held harmless by the User from any claims that may arise in relation to such User using these interactive services for the purposes prohibited in these terms or otherwise by law.

Only you are responsible for your posted content.

We reserve the right to eliminate or block access at any time any content or contribution that infringes or may infringe these conditions, or prevent the reproduction or public communication of any content/contribution until proof is provided of ownership of the material provided or the legality of the contribution. In particular, and for precautionary purposes, CLOSER may eliminate or suspend publication of such content when any contribution is reported to be illegal, infringe third party rights or not be sufficiently documented (without prejudice to CLOSER's right to retain and keep on file internally a copy of the content in question while the legal situation is being verified and for the duration that is prescribed by law).

We may remove content at any time if it breaches these rules.

We also reserve the right to exclude any user from the interactive services and to suspend or close his/her account without prior warning should the user breach any of these terms.

We may also exclude users who breach these rules.

Intellectual Property Rights (IPR) in the Interactive Services and User Content

Inbound (general content, not learning designs (“LDs”), nor specifically related learning design metadata). Without prejudice to the specific rules for LDs and LD-metadata posted to CLOSER set out below, the posting or publication of messages, comments, descriptions, opinions, files or any other content to the website constitutes the grant in UPF’s favour (as operator of CLOSER) to use and exploit such content under the terms of the Creative Commons - BY 4.0 license.

You provide us your content (other than artifacts) under the CC-BY 4.0 content license.

Inbound licensing (LDs, LD metadata). When an learning design (“LD”) is created, uploaded or “posted” by a User to CLOSER, together with any metadata or descriptive text associated to the LD (“LD metadata”):

Learning designs are uploaded to CLOSER as follows:

a) As a general rule, the User grants UPF (as operator of CLOSER), the right to store and display (publicly communicate) the LD and LD-metadata on the CLOSER site, for the purpose of providing the CLOSER services; and use such LD and LD-metadata internally for research purposes indicated below.

You allow UPF to store and display your LDs

b) The User may choose the Creative Commons BY 4.0 license for his/her LD. In this case, the User grants UPF (as operator of CLOSER), UPF’s licensees and CLOSER’s other users the right to use and exploit such LD and LD metadata in accordance with the Creative Commons BY 4.0 license indicated by the User. The license applied to an LD and applies also to associated metadata.

You select the CC-BY 4.0 license for your learning design.

c) The User warrants to UPF (as operator of CLOSER) that he/she has all necessary rights in the LD and LD metadata to grant such license to UPF and the public and that the posting for publishing does not infringe any third party rights of any nature.

You warrant that you legally can post the artifact to CLOSER.

d) the User will indemnify and hold UPF, UPF’s licensees and users harmless against all loss or damage suffered by either or any of them, directly or indirectly, as a consequence of any breach of the above warranty and/or breach of third party intellectual property rights, trade secrets, privacy rights or other third party rights, by such posting.

You will cover any costs if you breach other people’s IPR.

Outbound licensing. The LD and LD-metadata created on the CLOSER services may be used in the following manners

a) Users may keep their LDs private, unless based on CC-BY 4.0 licensed LDs. In this case, private LDs will not be made available to any third party user, and no license is granted to anyone other than the license to the UPF in a) above.

You can keep you LDs private, shared on the CLOSER platform, or open under the Creative Commons BY 4.0 license.

b) Users may indicate that their LD may be shared on the site, such that other users may view, use and reuse the LD in their own LDs. In this case the User grants UPF and the other CLOSER users a non-exclusive, worldwide, perpetual, royalty free license to exploit the LD in this manner, including the right for the reusing User to use, publish and display the new LD to the public under any license indicated here.

c) As indicated above, the User may indicate that the LD is shared under the Creative Commons BY 4.0 license expressly indicated for the LD item and chosen by the author or User.

Claims: Any claims notified to us by users in relation to infringements of intellectual or industrial property rights relating to any of the content contained on this web site must be sent to us via tide-info@upf.edu e-mail address.

Liabilities

We make no warranties about the User content provided through the CLOSER site, nor do we guarantee the user the continued availability of CLOSER platform or the supply of information or of the various services offered through it. As a result, users will not hold us liable for any damage or expense in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of CLOSER.

We don’t warrant that all the data on the site is correct. We are not liable for information not posted by us on this site.

UPF does not assume any liability arising from (a) use made by the user of the content of CLOSER's website and services; (b) the content and opinions published by third parties (including Users); (c) any activity that constitutes breach by the user or third parties of these terms; or (d) for any damages that may be caused to the users' equipment due to possible computer viruses contracted by the user in browsing the website or for any other damages incurred due to their browsing.

We are not liable for third party users’ behaviour on the site.

The User shall hold CLOSER harmless in the event of damages caused to third-parties as a result of the user's rightful or wrongful use of the products, services, contents or tools available on the website.

You will cover our costs caused by your incorrect behaviour.

UPF, as operator of CLOSER, will only be liable for loss or damages incurred by the user as a consequence of accessing the website or using the contents or tools on the platform when such damages are attributed to fraud or willful misconduct on the part of UPF.

We will only be liable for fraud or misconduct on our part.

We reserve the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights. Any potential breach should be notified using our tide-info@upf.edu e-mail address.

We can change the site when we want and we will notify you.