BY USING AND PARTICIPATING IN OBAVERSE, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND AGREE THAT THE AGREEMENT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE UNIVERSITY OF OREGON, AND THAT YOU AGREE TO BE BOUND BY AND WILL COMPLY WITH THE AGREEMENT. REGISTRATION AND PARTICIPATION ON OBAVERSE IS RESTRICTED TO THOSE INDIVIDUALS OVER 18 YEARS OF AGE, EMANCIPATED MINORS, OR THOSE WHO POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES IN THE AGREEMENT. BY REGISTERING OR PARTICIPATING ON OBAVERSE, YOU REPRESENT THAT YOU ARE OVER 18 YEARS OF AGE, AN EMANCIPATED MINOR OR IN POSSESSION OF CONSENT BY A LEGAL PARENT OR GUARDIAN AND HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE OBAVERSE.
ObaVerse Terms and Conditions
You ("You") agree as follows ("Agreement"), effective as of your registration on ObaVerse or continued use of ObaVerse ("Effective Date"), as hosted by the University of Oregon ("UO"):
1.1. ObaVerse is a global educational network coordinated by the University of Oregon College of Education. Members of the network are connected through an online learning platform that provides You with the opportunity to connect globally with multiple levels of functionality for students and educational leaders. It is a creative space for users to develop materials, work on project ideas, and participate in global classrooms.
1.2 You desire to participate in a robust global education network that benefits learners and educators.
2.1. "Access" means a virtual hosting method in which You are given password-controlled access to ObaVerse from the ObaVerse website. Permission to obtain access to ObaVerse can only be provided as expressly authorized by UO, and in conformance with the terms of this Agreement.
2.2. "ObaVerse" means the current version of the Oba network found at https://www.obaverse.net for which You desire to obtain a license to access and participate in educational community activities.
3.1. Commencing on the Effective Date, and provided that You conform to the terms and conditions of this Agreement, UO hereby grants and You accept, a limited, non-exclusive, license to use ObaVerse.
3.2. You shall not distribute, publish, sell, import or otherwise transfer or allow to be transferred the ObaVerse or copies thereof, in whole or in part, to third parties without the prior written permission of UO.
3.3. ObaVerse and its contents are intended solely for the personal, non-commercial use of ObaVerse users and may only be used in accordance with the terms of this Agreement. You agree not to share your username and password with any other individuals. Course offerings will be managed solely under the ObaMarket terms and conditions. All materials courses displayed or performed on ObaVerse (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content") may be protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through ObaVerse, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by You: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
3.4. You may download or copy the Content (and other items displayed on ObaVerse for download) for personal non-commercial use, provided that You maintain all copyright and other notices contained in such Content and comply with all controlling copyright and other intellectual property laws. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from UO or from the copyright holder identified in such Content's copyright notice. UO does not permit deep linking to ObaVerse to avoid login or other authorized uses of the ObaVerse.
3.5. In the course of using ObaVerse, You and other users may provide information which may be used by UO in connection with ObaVerse and which may be visible to other users. You understand and agree that by posting information or content on ObaVerse or otherwise providing content, materials or information to UO or in connection with ObaVerse (collectively, "User Submissions"), UO hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, UO will only share personally identifiable information from You in accordance with this Agreement. You also hereby do and shall grant each user of ObaVerse a non-exclusive license to access Your User Submissions through ObaVerse, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of ObaVerse and under this Agreement. Furthermore, You understand that UO retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by You.
3.6. You understand that all information publicly posted or privately transmitted through ObaVerse is the sole responsibility of the person from which such content originated and that UO will not be liable for any errors or omissions in any content. You understand that UO cannot guarantee the identity of any other users with whom You may interact in the course of using ObaVerse. Additionally, UO cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by You through use of ObaVerse is at Your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.
3.7. Under no circumstances will UO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via ObaVerse.
4. Your Obligations
4.1 If you are accepting this Agreement on behalf of a minor, you represent and warrant that you have the authority to enter into this Agreement on behalf of that minor. You also certify that you are legally permitted to use and access ObaVerse and take full responsibility for the selection and use of and access to ObaVerse. This Agreement is void where prohibited by law, and the right to access ObaVerse is revoked in such jurisdictions.
4.2 You represent and warrant that You will respect and comply with all student privacy laws, including but not limited to the Family Educational Rights and Privacy Act of 1996 (FERPA), compliance with all state and government regulations applicable to You and for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. For more information on COPPA, please see www.ftc.gov/privacy.
4.3 You warrant, represent and agree that You will not contribute any Content or otherwise use ObaVerse in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of Your account in any way, such as allowing unauthorized access to Your accounts or passwords. UO reserves the right to remove any Content from ObaVerse at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if UO is concerned that You may have breached the immediately preceding sentence), or for no reason at all. You, not UO, remain solely responsible for all Content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, ObaVerse, and You warrant that You possess all rights necessary to provide such content to UO and to grant UO the rights to use such information in connection with ObaVerse and as otherwise provided herein.
4.4 By accessing ObaVerse and participating in its community, You acknowledge that You accept the practices and policies outlined in this Agreement with respect to privacy. By using ObaVerse, You are consenting to have personal data from You transferred to and processed in the United States. You post any Content on ObaVerse at Your own risk. Although UO may allow You to set privacy options that limit access to Your pages, please be aware that no security measures are perfect or impenetrable. UO cannot control the actions of other users with whom You may choose to share your pages and information. Therefore, UO cannot and does not guarantee that Content You post on ObaVerse will not be viewed by unauthorized persons. UO is not responsible for circumvention of any privacy settings or security measures contained on ObaVerse or services used by ObaVerse (such as UO's document dropbox or servers). You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached and archived pages or if other users have copied or stored Your Content. Any improper collection or misuse of Content or other information accessible on ObaVerse is a violation of this Agreement and should be reported to: firstname.lastname@example.org.
4.5 If You are an enrolled student at the UO, You agree and understand that Your enrollment in any UO courses hosted on Oba and Your posting of any Content on Oba constitute education records that are protected from disclosure to third parties by UO policy and FERPA. You agree and understand that You have the right to keep Your enrollment in any UO courses hosted on Oba and Your posting of any Content on Oba private by electing to use an alias (Display Name) by which only the professor of the UO course, or their designees, who will also be UO employees, will know your real identity. If You choose to not use an alias, You agree and understand that by participating in Oba without an alias You are agreeing to release Your enrollment in any UO courses hosted on Oba and Your posting of any Content on Oba to others in the UO community and in the public. The purpose of releasing this information is for the educational opportunities of participating in the UO course.
4.6 UO receives and stores certain types of information whenever You interact with ObaVerse. UO automatically receives and records information on its server logs from Your browsers including IP address, cookie information, and the page requested. UO also records the details of Your activity on Oba. This information is not personal information. Generally, UO automatically collects usage information, such as the numbers and frequency of visitors to ObaVerse and its components, similar to TV ratings that indicate how many people watched a particular show. UO only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify individuals. This type of aggregate data enables UO to determine how often users use parts of ObaVerse so that UO can make ObaVerse appealing to as many users as possible, and improve the educational experience. As part of this use of information, UO may provide aggregate information to UO partners about how ObaVerse users, collectively, use ObaVerse. UO shares this type of statistical data so that its partners also understand how often people use ObaVerse to help provide Organization with an optimal online experience.
4.7 Protection of UO and Others: UO may release personal information when UO believes in good faith that release is necessary to comply with the law; enforce or apply this Agreement; or protect the rights, property, or safety of UO, UO employees, ObaVerse users, or others. This includes, without limitation, exchanging information with other companies and organizations for fraud protection.
4.8 Substantial disruption to learning environment. In the event that UO detects inappropriate behavior by a User, UO may suspend the User's account. If in UO's judgment, the behavior was aggressive or otherwise inappropriate toward another ObaVerse user, reinstatement of the User may not be allowed by UO. You and UO may at any time suspend or terminate Your account for any reason without notice.
5.1. UO will provide You with an account username and password under the current protocol for access to ObaVerse.
6.1. Provided that the Agreement is not otherwise terminated as provided below, and that You agree to amendments and changes to this Agreement as UO makes from time to time, this Agreement shall be in effect for as long as UO provides ObaVerse.
7.1 You may terminate this Agreement at any time by simply deleting your ObaVerse account and no longer accessing ObaVerse. Contact email@example.com if you experience any technical difficulties in deleting your ObaVerse account or if You offer any courses in the ObaMarket that might be affected by deleting Your ObaVerse account.
7.2. UO may immediately terminate this Agreement or any and all Your accounts at its discretion, upon written notice (email) if You are in breach of this Agreement. UO's right to terminate under this clause is in addition to any and all other legal remedies which UO may have for the enforcement of any and all terms hereof, and do not in any way limit any other legal remedy UO may have.
7.3. Termination of this Agreement will terminate all rights and licenses granted to You relating to ObaVerse.
8.1. ObaVerse was developed as part of research conducted at the University of Oregon and is provided to You as part of its research and educational mission. ObaVerse is experimental in nature, changes frequently, and is available "AS IS," without obligation by UO to provide You services or support except as specified in this Agreement. The entire risk as to the quality and performance of ObaVerse is with You.
8.2. YOU EXPRESSLY AGREE THAT OBAVERSE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
8.3. IN NO EVENT SHALL UO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DATA, OR USE OF OBA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE OBAVERSE, EVEN IF ORGANIZATION WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.
9.1. To the extent allowed by controlling law, You shall indemnify and hold harmless UO and its officers, faculty, employees, students and agents, against any and all third party claims, suits, losses, damages, costs, fees and expenses resulting from Your use of ObaVerse ("University Claims"), including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
10.1. This Agreement will be construed in accordance with, and its performance will be governed by, the laws of the State of Oregon, without regard to principles of conflicts of law. Any suit, action, or proceeding arising out of or relating to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Lane County for the State of Oregon, U.S.A.; provided, however, that if a claim must be brought in a federal forum, then it shall be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of its sovereign immunity. YOU, BY ACCEPTANCE OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURT(S). The United Nations International Conventions on the Sale of Goods (CISG) of 1980 shall not apply.
10.2. No omission or delay of either party hereto in requiring due and punctual fulfillment of the obligations of any other party hereto shall be deemed to constitute a waiver by such party of its rights to require such due and punctual fulfillment, or of any other of its remedies hereunder.
10.3. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby.
10.4. This Agreement and the rights and benefits conferred upon the parties hereunder may not be assigned or otherwise transferred by You without the prior written consent of the UO.
10.5. This Agreement embodies the entire understanding of the parties and supersedes all previous communications, representations, or understandings, either oral or written, between the parties relating to the subject matter hereof.
10.6. No notice is required by UO or You to each other to suspend or terminate Your accounts.
10.7. This Agreement shall not be deemed to constitute a partnership, agency, joint venture or contract of employment between You and UO.
10.8 UO reserves the right to change or modify this Agreement at its sole discretion at any time. Any change or modification to this Agreement will be effective immediately upon posting by us. For any material changes to the Agreement we will take reasonable steps to notify You of such changes. In all cases, Your continued use of ObaVerse after publication of such modifications, with or without notification, constitutes binding acceptance of the modified Agreement.