1) “LEGAL INFORMATION” OF THE WEB SITE HTTP://PROJECT.ECOLEARNING.EU
I. IDENTIFYING DATA
Pursuant to Article 10 of Ley 34/2002 of 11 July, on Information Society Services and Electronic Trade (BOE 12 July), we bring the following information to your attention.
- “The Web Portal” http://project.ecolearning.eu, is the official “Web Site” on the Internet of the European Project on Competitiveness and Innovation named “Elearning, Communication and Open-data: Massive Mobile, Ubiquitous and Open Learning (ECO)”, hereinafter referred to as “Proyecto Eco”, which is based on Open Education Resources (OER) and gives free access to a list of Massive Open Online Courses (MOOC) in 6 languages. The main goal of this project is to broaden access to education and to improve the quality and the cost-effectiveness ratio of teaching and learning in Europe.
- Ownership of the Web Site belongs to the Universities and Entities, be they public or private, (Partners) associated in Proyecto Eco through the Consortium Agreement signed on 31 January 2014, (hereinafter referred to as the Owner).
- Users of this portal can contact the Owner by sending a request (including name, surname, phone number and e-mail) to the following address: UNED. Proyecto ECO. C/ Juan del Rosal, 14, 28040 Madrid (España). They can also contact via e-mail at email@example.com or by phone at +34913986971.
II. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- The design of the Portal and its source codes, as well as its logos, brand names and other distinctive signs appearing in the Portal belong to Proyecto ECO or to its partners and are protected by intellectual and property rights.
- Users must not duplicate, transform, distribute, communicate in public, make publicly available or, in general, exploit for profit, partially or totally, any of the elements referred to in the previous paragraph. Exploitation for profit may only be carried out under express written authorization by UNED and exploitation activities must always make explicit reference to the ownership of the said rights of intellectual property by Proyecto ECO. Under no circumstances may any set-up protection devices or security systems be suppressed, altered, eluded or manipulated. In particular, material that has been uploaded by the teaching staff shall be used exclusively for education purposes.
- The Owner intends to respect the intellectual and property rights of third parties. Therefore if you consider that this Web Site might be violating your rights, please contact through the aforementioned channels.
- To abstain from introducing, storing or disseminating in this Web Site any information or material whose content is defamatory, offensive, obscene, menacing, xenophobic, or inciting to violence, or to discrimination on grounds of race, sex, ideology, religion or infringing upon morality, public order, fundamental rights public liberties honor, privacy or the image of third parties, or the law and regulations currently in force.
- To properly guard the Login and Password provided to Users by the Portal. The Login and the Password are identifying elements giving access to the various services offered in the Web Site of Proyecto ECO, and users hereby accept the obligation not to cede use of, or allow access of third parties to, such services. Users take responsibility and are accountable for damages resulting from an inappropriate use of such services. Accordingly, users must inform the Owner of any fact allowing for the inappropriate use of logins and passwords, such as theft, loss, or unauthorized access, in order for the Owner to proceed to immediate cancellation. As long as such facts are not notified, the Owner is exempt from responsibility or liability resulting from the inappropriate use of logins or passwords by unauthorized third parties.
- To abstain from conducting activities such as advertising, business promotion or commercial exploitation through the Web Site.
- To abstain from using false identities, or impersonating others when using the Web Site or using any of its services, including the use of passwords or access codes of third parties, or in any other way.
- To abstain from destroying, altering, using for their own benefit, rendering unusable or damaging data, information, programs or electronic documents belonging to the Owner or to third parties.
V. DISCLAIMER OF LIABILITY OF THE PORTAL
- In general, the Owner shall not be liable for inappropriate use of the Web Site. Users must make appropriate use of the Web Site, in conformity with the aforementioned conditions and terms. The Owner shall take no responsibility for any form of inappropriate use.
- With respect to possible technical deficiencies, the Owner shall in no case be liable for alterations in the service resulting from failure in the power grid, the data network, the server or any service.
- With respect to access by third parties to its system, the Owner shall adopt the necessary technical precautions with a view to protecting the data and information given access to. The Owner shall bear no responsibility for the conduct by third parties who, violating the established security measures, should provide access to data.
- With respect to the accuracy of the information appearing on the Web Site, it should be noticed that such information has been prepared exclusively for educational purposes and has no official value unless otherwise indicated.
- The actual information and content may be modified or removed without previous notice. Improvements or changes in products, services, design or programs used for the functioning of the system may equally be made at any time without previous notice.
- The Web Site contains links to other web pages belonging to third parties, whose contents it cannot always control. Access to such web pages that are different from the Portal shall therefore be made under the exclusive responsibility of the users browsing the internet. However, users who detect any content or information that could be against the law or the dignity of individuals, or racist and xenophobic in nature, or defending terrorism or violence, are encouraged to contact the Owner of this Portal with a view to having that content or information removed.
VI. APPLICABLE LEGISLATION AND JURISDICTION
2) “SERVICE CONDITIONS” OF THE WEB SITE HTTP://PROJECT.ECOLEARNING.EU AT THE MOMENT OF REGISTRATION
The Project on competitiveness and innovation named “Elearning, Communication and Open-data: Massive Mobile, Ubiquitous and Open Learning (ECO)” offers internet users the portal of university free massive online open courses http://project.ecolearning.eu (hereinafter, the Web Site, the Portal, the platform or Proyecto ECO of MOOC courses). Access to the courses and use of their services and/or contents are governed by the provisions of the present “Service Conditions”. The present legal notice is structured around the following contents:
- General Information
- Purpose of the Web Site
- General conditions of use of the Web Site
- Particular conditions of use of the MOOC courses
- Intellectual and industrial property
- Disclaimer of liability
- Loss of user status
- Modification of the Web Site
- Applicable legislation and jurisdiction
The purpose of this legal notice is to discharge all the obligations to which a service of the information society is subject, such as the service provided by the Web Site, as well as establishing the General Conditions governing access to, and use of, the service.
1. GENERAL INFORMATION
1.1. Identifying Data
Pursuant to Article 10 of Ley 34/2002 of 11 July, on Information Society Services and Electronic Trade (BOE 12 July), we bring the following information to your attention.
1.1.1. “The Web Portal” http://project.ecolearning.eu, is the official “Web Site” on the Internet of the European Project on Competitiveness and Innovation named “Elearning, Communication and Open-data: Massive Mobile, Ubiquitous and Open Learning (ECO)”, hereinafter referred to as “Proyecto Eco”, which is based on Open Education Resources (OER) and gives free access to a list of Massive Open Online Courses (MOOC) in 6 languages. The main goal of this project is to broaden access to education and to improve the quality and cost-effectiveness ratio of teaching and learning in Europe.
1.1.2. Ownership of the Web Site belongs to the Universities and Entities (Partners), be they public or private, associated in Proyecto Eco through the Consortium Agreement signed on 31 January 2014, (hereinafter referred to as the Owner).
1.1.3. Users of this portal can contact the Owner by sending a request (including name, surname, phone number and e-mai)l to the following address: UNED. Proyecto ECO. C/ Juan del Rosal, 14, 28040 Madrid (España). They can also contact via e-mail at firstname.lastname@example.org or by phone at +34913986971.
2. PURPOSE OF THE WEB SITE
The main purpose of the Portal http://project.ecolearning.eu is to broaden access to education as a means to improving the quality and profitability of teaching and learning in Europe by offering Open Education Resources (OER) that give free access to a list of MOOCs (Massive Open Online Courses) in 6 languages.
This strategy of online continuous training will allow for the building of capacities and for the accreditation of capacities and competences that are currently not being accredited and are not certifiable at present, but are of interest for entities demanding new professionals with profiles adapted to the new Digital Economy.
3. GENERAL CONDITIONS OF USE OF THE WEB SITE
3.1 General policy
Every person accessing the Web Site must read the Service Conditions in force at the moment of access and must abstain from using the Web Site in case he or she does not fully agree with its content. Mere use of the Web Site confers user status (“User”) and implies full acceptance and unreserved adherence to these General Conditions. The present General Conditions are intended to regulate and inform about the appropriate use of the Web Site. They must therefore be carefully read and complied with. Mere access of a user to the Web Site implies no registration and does not result in the obligation to provide personal data. Such an obligation shall only arise if the person concerned wishes to register as a New User in order to perform a specific action requiring the provision of personal data. Providing, for instance, an email address is considered as providing personal information in this regard.
Users are responsible for the veracity and lawfulness of the data provided, as well as for the adequate use of the Web Site. Regarding content, users shall take responsibility for the contents, opinions or links included by them in Fora, Blogs, Groups and Messenger Services, and for their exclusive authorship, guaranteeing that such contents, opinions or links do not infringe upon the right to privacy, image rights or rights of intellectual or industrial property belonging to third parties. Under no circumstances shall the Owner take responsibility for the opinions expressed or the links published in Fora, Blogs, Groups or Messenger Services, or the consequences derived thereof. The Owner reserves the right to remove those contents, opinions or links infringing upon the provisions of the present General Conditions.
The Owner shall take no responsibility for the interruption of access to the Web or of any service without previous notice due to security, technical or maintenance issues, or to events caused by third parties. The Owner reserves the right to amend the present conditions of use, as well as the particular conditions that may possibly be adopted. Users shall be able to learn of any amendments of such conditions as they must be published by the Owner on the Website.
Visibility of user profile on http://project.ecolearning.eu. Users are informed and agree on the fact that the Portal will provide visibility of the personal data of their profile to any internet user. Such visibility is intended to allow users for the export of their badges to other platforms as well as for sharing their data and activities on http://project.ecolearning.eu with internet users.
3.5.- Veracity of the information
All information provided by Users through the Services must be authentic and true. This will apply, in particular, to the email address given to the Owner. In any event, Users alone shall take responsibility for false or inaccurate declarations and the damage caused to the Owner or third parties by means of the information provided.
3.6.- Free Access and free use of the Web Site.
The provision of services by the Portal is free for Users.
The Portal http://project.ecolearning.eu does not permit minors to register. The Owner is exempt from any responsibility in case minors register in the Portal in breach of this ban.
4. PARTICULAR CONDITIONS OF USE OF THE MOOC COURSES
In this regard, by accepting the Service Conditions, Users also accept the particular conditions in force for any of the platforms on which the MOOC courses have been set up. The particular conditions can be consulted before acceptance on any of the links indicated below.
Platforms for MOOC Courses:
There exist 10 Hubs, with the following institutions per hub:
Hub 1: Universidad de Cantabria + UNED + Universidad de Oviedo
Hub 2: Universidad de Manchester
Hub 3: Sünne Eichler Beratung Für Bildungsmanagement + Humance
Hub 4: FEDRAVE – Fundação para o Estudo e Desenvolvimento da Região de Aveiro
Hub 5: Universidad Sorbonne Nouvelle
Hub 6: Telefonica EducationalDigital
Hub 7: Universidad Loyola Andalucía
Hub 8: UNED + Universidad de Valladolid + Universidad de Oviedo + Universidad de Zaragoza + Universidad de Cantabria + Universidad Manuela Beltrán + Tabarca Consulting
Hub 9: Universidad Abierta de Portugal
Hub 10: Politecnico di Milano
Hub 0: http://hub0.ecolearning.eu/ (the 10 hubs participate)
Hub 1: http://hub1.ecolearning.eu/ (Universidad de Cantabria + UNED + Universidad de Oviedo participate)
Hub 2: http://hub2.ecolearning.eu/ (Universidad of Manchester participates)
Hub 4: https://hub4.ecolearning.eu/ (participa FEDRAVE – Fundação para o Estudo e Desenvolvimento da Região de Aveiro)
Hub 5: https://hub5.ecolearning.eu/ (Universidad Sorbonne Nouvelle paticipates)
Hub 7: http://hub7.ecolearning.eu/ (Universidad Loyola Andalucía participates)
Hub 8: https://hub8.ecolearning.eu/ (UNED + Universidad de Valladolid + Universidad de Oviedo + Unviersidad de Zaragoza + Universidad de Cantabria + Universidad Manuela Beltrán + Tabarca Consulting paticipate)
Hub 9: http://hub10b.ecolearning.eu/ (Politecnico di Milano participates)
The Portal http://project.ecolearning.eu enables users of the MOOC Courses to create in turn their own MOOC Courses and become E-teachers, thus being subject to the present Service Conditions, as well as to the Particular Conditions of the Platform on which the courses unfold. MOOC Courses creators must fill in and sign a document called ETEACHER Statement of Responsibility of Proyecto ECO.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Web Site and its different elements and contents, such as photographs, graphic designs, brands, logos and other distinctive signs, text, videos or software, as well as other contents eligible for protection, are the subject of intellectual and industrial property rights of the Owner, within the required scope, or of a third party. Use does not imply cession or transfer to Users of any intellectual or industrial property rights over the Web Site or its elements and contents. Reproduction, distribution, transmission, adaptation o modification of the contents of the Portal (text, graphic designs, information, databases, sound and/or image files, logos and other elements of this sites), by any means or in any form, are subject to the provisions of the Creative Commons license (Option: Attribution-Non Commercial-ShareAlike CCBY-NC-SA). Users will be able to view and obtain a private temporal copy of the contents available on the Web Site. This private copy is exclusively intended for personal and private use on computer systems, and not for developing commercial or professional activities. Users must abstain from avoiding or trying to avoid any technological measures adopted to limit activities unauthorized by the Owner, or by third parties holding rights over brands or other distinctive signs, protected Works or services accessible through the Web Site. Users must respect in any event all intellectual and industrial property rights over the Web Site held by the Owner or by third parties. The Owner shall not be liable for illicit or unauthorized use by Users of the Portal.
Users intending to set up a hyperlink between their web page and the Web Site, (hereinafter referred to as hyperlink) must comply with the terms established in these conditions of use. Inclusion of a hyperlink on terms different than those specified below shall require previous written acceptance by the Owner of the Portal. Only hyperlinks allowing for re-direction to the Web Site will be authorized, but re-directing shall never entail total or partial reproduction of the Web Site. Users must not reproduce or imitate in their web pages all or part of the Web Site. In particular, Users must not reproduce or imitate the form of presentation or the disposition of the contents of the Web Site in such a way as to create a risk of association or confusion between the Web Site and the web page of a user. The fact that audiovisual materials related to the MOOC Courses can be uploaded by the Owner on Youtube or other multimedia channels, does not permit users to make any use of such materials. Use of frames and joined or deep links to the Web Site that may create confusion, and apparently attribute ownership of contents to an entity other than the Owner, is not permitted. Nor is it permitted to create and environment or navigation bar on the contents of the Web Site. Links to the Portal from other web pages are authorized when intended as a means to disseminate the activities of this project and promote participation therein. It is not permitted to declare or make direct or indirect suggestion that there exists a relationship of collaboration, joint venture or business association of any kind between the Users’ web page or company and the Owner. In this regard, Users shall abstain from presenting the contents made available on the web page where the hyperlink is set up as having been authorized, approved or supervised by the Owner. The Web page where the Hyperlink is set up shall not contain any distinctive sign, including names, logos or slogans identifying the Owner, except for the names that are part of the link. The Web page where the Hyperlink is set up shall not contain information that is unlawful, contrary to morality, to generally accepted customs or to public order, or infringing upon any rights of third parties. In any event, the Owner reserves the right to forbid or render useless, at any moment and discretionarily, any Hyperlink to the Web Site. If so required, Users must modify or remove immediately from their web page any Hyperlink, content or distinctive sign belonging to the Owner.
7. DISCLAIMER OF LIABILITY
The Owner does not guarantee the availability and continuity of the functioning of the Web Site and the Services, even though, when possible, it shall warn of interruption in the functioning of the Web Site and the Services. To the greatest extent provided for in current legislation, the Owner is exempt from all responsibility for damages of any kind that may result from lack of availability or continuity of the Web Site, from deceit of utility attributed by Users to the Web Site and the Services, from fallibility of the services, and specially though not exclusively, from failure of access to the various web pages of the Site or to the pages from which services are provided.
The Owner does not guarantee privacy and security of the use of the Web Site and the Services and, in particular, it does not guarantee that unauthorized third parties have no knowledge of the type, conditions, characteristics or circumstances under which use of the Web Site and the Services is made. To the greatest extent provided for in current legislation, the Owner is exempt from all responsibility for damages of any kind that may result from knowledge that may be gained by unauthorized third parties of the type, conditions, characteristics or circumstances under which use of the Web Site and the Services is made.
The Owner does not control or guarantee the absence of virus or other elements in the contents that may alter its computer system (software and hardware) or the electronic documents and files stored in its computer system. To the greatest extent provided for in current legislation, the Owner is exempt from all responsibility for damages of any kind that may result from the presence of virus or other elements in the contents that may alter its computer system, or the electronic documents and files stored in its computer system.
The Owner guarantees that personal data provided to the Web Site through its forms and email addresses made available for Users will be treated confidentially. The Owner has adopted security measures of a technical and organizational nature as established in Ley Orgánica 15/1999, of 13 December, on Personal Data Protection (LOPD) and in Real Decreto 1720/2007, of 21 December, adopting a Regulation implementing LOPD. In compliance with Ley 34/2002 of 11 July, on Services of the Information Society and Electronic Trade (BOE, 12 July), Users are hereby informed that by filling in the forms and by accepting the conditions established therein, their personal data will be included and treated in the files belonging to Proyecto ECO for the purpose indicated in the corresponding form. Data will be used for responding to their requests of information, for the management and provision of services on offer, and/or for sending future commercial information that may be interesting for them. Users may also exercise their right to access, rectify, cancel, oppose and revoke their consent by sending the proper notice, indicating name, surname, phone number and email address to the following address: UNED. Proyecto ECO C/ Juan del Rosal, 14, 28040 Madrid (Spain). They may also exercise the said rights via email to email@example.com or calling +34913986971.
9. LOSS OF USER STATUS
Registered Users may opt out of the Portal, thus losing User status, along with the rights and data associated with their account. Users may exercise this right freely at any moment by sending a written request to the aforementioned address or via the email account used in the Portal. Users may also cancel their participation at any moment in any course in which they have enrolled.
The owners may also cancel user status, which will terminate the relation between Owner and User. Users shall then lose the rights deriving from user status and the data related to their account in the Portal in the following cases:
– If the User breaches any of the present Service
– If the provision of services, or of any given service, of the Portal is no longer viable, according to the Owner.
– Loss of user status does not exclude the application of the present Conditions, which shall continue to apply to issues or claims arising between Owner and User after the loss of user status by the latter.
10. MODIFICATION OF THE WEB SITE
The Owner reserves the right and capacity to renew, modify or transform the Web Site and the elements contained therein without the need for any prior notice to Users.
11. APPLICABLE LEGISLATION AND JURISDICTION
Any dispute that may arise between the Owner and the User shall be submitted to the Courts and Tribunals of Madrid (Spain), with express renunciation to any other Court or Tribunal that could become seized of the case. Violation of intellectual property rights may constitute a criminal offence if done for profit, as established by the Spanish Penal Code adopted by Ley Orgánica 10/1995, of 23 November (BOE, 24 November). In any event, even in the absence of the profit motive, the relevant facts may be prosecuted by civil courts in conformity with the Consolidated Text of Ley de Propiedad Intelectual (Intellectual Property, hereinafter, LPI) adopted by Real Decreto Legislativo 1 /1996, of 12 April (BOE, 22 April).