4.
. BY USING THE OHM Learning Network
4.1 use the Learning Network or any related services, including any OHM Learning Network API, for any commercial use or purpose unless expressly permitted by Oneida-Herkimer-Madison BOCES in writing, it being understood that the Learning Platform and related services are intended for personal, non-commercial use only;
4.2 use the OHM Learning Network for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Learning Platform as such services are offered by Oneida-Herkimer-Madison BOCES;
4.3 rent, lease, loan, sell, resell, sub-license, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 6, below);
4.4 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
4.5 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
4.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the OHM Learning Network accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Learning Network, or perform any other similar fraudulent activity;
4.7 delete the copyright or other proprietary rights notices on the OHM Learning Network, Licensed Educational Content, Licensed Educational Code, or User Content;
4.8 assert, or authorize, assist, or encourage any third party to assert, against Oneida-Herkimer-Madison BOCES or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Learning Platform;
4.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the OHM Learning Network. 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;
4.10 use the OHM Learning Network for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
4.11 defame, harass, abuse, threaten or defraud Users of the OHM Learning Network, or collect, or attempt to collect, personal information about Users or third parties without their consent;
4.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the OHM Learning Network Platform, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the OHM Learning Network, or features that enforce limitations on the use of the Learning Network, Licensed Educational Content, Licensed Educational Code, or User Content;
4.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Learning Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
4.14 modify, adapt, translate or create derivative works based upon the OHM Learning Network or any part thereof, except and only to the extent expressly permitted by Oneida-Herkimer-Madison BOCES herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
4.15 intentionally interfere with or damage operation of the OHM Learning Network or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
5. Third-Party Sites, Products and Services; Links. The OHM Learning Network may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Oneida-Herkimer-Madison BOCES does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OHM Learning Network are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
6. Ownership; Proprietary Rights. The OHM Learning Network is owned and operated by Oneida-Herkimer-Madison BOCES. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the OHM Learning Network provided by Oneida-Herkimer-Madison BOCES (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the OHM Learning Network are the property of Oneida-Herkimer-Madison BOCES or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Oneida-Herkimer-Madison BOCES or its affiliates and/or third-party licensors. Except as expressly authorized by Oneida-Herkimer-Madison BOCES, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Oneida-Herkimer-Madison BOCES reserves all rights to the Materials not expressly granted in the Terms.
7.
Termination.
7.1 Termination by Oneida-Herkimer-Madison BOCES. You agree that Oneida-Herkimer-Madison BOCES, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Oneida-Herkimer-Madison BOCES or your use of the OHM Learning Network and remove and discard all or any part of your account, User profile, and any User Content, at any time. Oneida-Herkimer-Madison BOCES may also in its sole discretion and at any time discontinue providing access to the OHM Learning Network, or any part thereof, with or without notice. You agree that any termination of your access to the OHM Learning Network or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Oneida-Herkimer-Madison BOCES will not be liable to You or any third party for any such 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 Oneida-Herkimer-Madison BOCES may have at law or in equity. As discussed herein, Oneida-Herkimer-Madison BOCES does not permit copyright, trademarks, or other intellectual property infringing activities on the OHM Learning Network, and will terminate access to the OHM Learning Network, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
7.1.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the OHM Learning Network, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Oneida-Herkimer-Madison BOCES in operating the OHM Learning Network, or (v) any content or information transmitted through the OHM Learning Network, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the OHM Learning Network and discontinuing use of any and all parts of the OHM Learning Network.
8. Refund Policy.
8.1 Refunds by Oneida-Herkimer-Madison BOCES. You agree that Oneida-Herkimer-Madison BOCES - OHM Learning Network Administrators will review all requests for refunds submitted to verify that you have not accessed a purchased subscription prior to requesting the refund. Refunds will not be granted to any user who has accessed the purchased online course for which the refund is being requested.
8.1.2.
Refund Request Submission. Your only remedy with respect to any dissatisfaction with (i) the OHM Learning Network Course Content is to terminate the Course Subscription. You may terminate the Subscription at any time but it must be
PRIOR TO ACCESSING THE COURSE by submitting the
Course Refund Request and discontinuing use of any and all parts of that particular OHM Learning Network course. The OHM Learning Network Administrator will verify that you have not accessed the course before granting a refund. Refunds shall be processed through the same PayPal Account Refund process that was used to register in the course. The OHM Learning Network Administrator or designee, in its sole discretion, shall make the determination if a refund will be granted.
Last Modified on April 7, 2016