On May 20, 2018, DataChangers adopted new Terms of Service, providing as follows:
Welcome to DataChangers!
DataChangers reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the DataChangers Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
Rules for Online Conduct
You agree that you are responsible for your own use of the DataChangers Site and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the DataChangers Site by you or other users of the DataChangers Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the DataChangers Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
As a condition of your use of the DataChangers Site, you will not use the DataChangers Site in any manner intended to damage, disable, overburden, or impair any DataChangers server or the network(s) connected to any DataChangers server or to interfere with any other party’s use and enjoyment of the DataChangers Site. You may not attempt to gain unauthorized access to the DataChangers Site, other accounts, computer systems, or networks connected to any DataChangers server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the DataChangers Site, its servers, or associated computers through any means not intentionally made available through the DataChangers Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.
Furthermore, you agree not to scrape, or otherwise download in bulk, any DataChangers Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the DataChangers Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
Strictly Prohibited Items
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE DATACHANGERS SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the DataChangers Site.
In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g., your year of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
Your Right to use Content on the DataChangers Site
Unless indicated as being in the public domain, the content on the DataChangers Site is protected by Dutch and foreign copyright laws. Unless otherwise expressly stated on the DataChangers Site, the texts, exams, video, images, and other instructional materials provided with the courses offered on the DataChangers Site are for your personal use in connection with those courses only. We aim to make much of the DataChangers course content available under more open license terms that will help create a vibrant ecosystem of contributors and further DataChangers’ goal of making education accessible and affordable to the world.
Certain reference documents, digital textbooks, articles, and other information on the DataChangers Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the DataChangers Site, you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the DataChangers Site. All rights in the DataChangers Site and its content, if not expressly granted, are reserved.
Use for Personalization and Pedagogical Improvements.
User Postings Representations and Warranties.
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize DataChangers and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not DataChangers, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to DataChangers.
By submitting or distributing your User Postings, you hereby grant to DataChangers a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to DataChangers Users.
By submitting or distributing your User Postings, you hereby grant to each user of the DataChangers Site a non-exclusive license to access and use your User Postings in connection with their use of the DataChangers Site for their own personal purposes.
CERTIFICATES AND OTHER PRODUCTS & SERVICES
DataChangers and the Partners may offer a Certificate of Completion for courses (a “Certificate of Completion”) or certificates for programs for learners who, in the Partners’ or DataChangers’ judgment, have satisfactorily demonstrated mastery of the course or program material. Certificates will be issued by DataChangers under the name of the underlying Partner(s) from where the course or program originated, i.e. Microsoft, etc. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of the awarding Partner.
Subject to the foregoing, you will be required to pay a fee and complete the required information.
Certificates and other purchases on the DataChangers Site may be eligible for a refund for a period of time (in each case, the “Refund Period”). The applicable Refund Period for some products and services are described below. To request a refund for a purchase that you made, please email us at email@example.com and include your full name and order number in your email request. Refunds will be credited to the credit card used for the purchase and may take up to two billing cycles to process. If the applicable Refund Period for a purchase has passed, but you believe a refund is warranted, please email us at firstname.lastname@example.org.
Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase.
No Other Enrollment.
You will not be an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of the Partner as a result of registering for or completing a course or program provided by such Partner through DataChangers. You will not be entitled to use any of the resources of the Partner beyond the online courses or programs provided on the DataChangers Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree or other credit- or credential-bearing programs of the Partner.
Use of DataChangers, Microsoft, and Other Partner Names, Trademarks, and Service Marks.
The “DataChangers,” “Microsoft” names, logos and seals are trademarks (“Trademarks”) of the respective entities. Likewise, the names, logos, and seals of the other Partners are Trademarks owned by the respective Partner. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
All Trademarks not owned by DataChangers or the Partners that appear on the DataChangers Site or on or through the services made available on or through the DataChangers Site, if any, are the property of their respective owners.
Nothing contained on the DataChangers Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the DataChangers Site without the written permission of the owner of the applicable Trademark.
Digital Millennium Copyright Act
Copyright owners who believe their material has been infringed on the DataChangers Site should contact DataChangers’ designated copyright agent at email@example.com or at DataChangers, Singel 94a, 1015 AD, Amsterdam, The Netherlands, Attention: DataChangers DMCA Agent.
Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Disclaimers of Warranty / Limitations of Liabilities
THE DATACHANGERS SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE DATACHANGERS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
DATACHANGERS AND THE DATACHANGERS PARTICIPANTS (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE DATACHANGERS SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE DATACHANGERS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. DATACHANGERS AND THE DATACHANGERS PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE DATACHANGERS SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “DATACHANGERS PARTICIPANTS” MEANS MICROSOFT, THE OTHER PARTNERS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE DATACHANGERS SITE, THE COURSE INSTRUCTORS, AND THEIR STAFFS.
User Postings Disclaimer.
You understand that when using the DataChangers Site you will be exposed to User Postings from a variety of sources and that neither DataChangers nor the DataChangers Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DataChangers or any of the DataChangers Participants with respect thereto. Neither DataChangers nor any of the DataChangers Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither DataChangers nor any of the DataChangers Participants have any obligation to monitor any User Postings or any other user communications through the DataChangers Site.
However, DataChangers reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the DataChangers Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, DataChangers may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Websites.
The DataChangers Site may include hyperlinks to websites maintained or controlled by others. DataChangers and the DataChangers Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER DATACHANGERS NOR ANY OF THE DATACHANGERS PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE DATACHANGERS SITE, OR YOUR PLACEMENT OF CONTENT ON THE DATACHANGERS SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE DATACHANGERS SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DATACHANGERS NOR ANY OF THE DATACHANGERS PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT DATACHANGERS OR ANY OF THE DATACHANGERS PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless, and indemnify DataChangers and the DataChangers Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board Partners, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the DataChangers Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, DataChangers or the applicable DataChangers Participant will provide you with written notice of such claim, suit, or action.
Termination Rights; Discontinuation of Courses and Content.
You agree that DataChangers, in its sole discretion, may terminate your use of the DataChangers Site or your participation in it, for any reason or no reason, upon notice to you. It is DataChangers’ policy to terminate in appropriate circumstances the accounts of users of the DataChangers Site who are repeat copyright infringers. DataChangers and the DataChangers Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through DataChangers, or to cease providing any part or all of the DataChangers Site content or related services, and you agree that neither DataChangers nor any of the DataChangers Participants will have any liability to you for such an action. If you no longer desire to participate in the DataChangers Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the DataChangers Site, but the other provisions of the Agreements will survive any such termination.
The Agreements constitute the entire agreement between you and DataChangers with respect to your use of the DataChangers Site, superseding any prior agreements between you and DataChangers regarding your use of the DataChangers Site.
Waiver and Severability.
The failure of DataChangers to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
Choice of Law.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the DataChangers Site will be governed by the Dutch laws. You agree that all such claims and disputes will be heard and resolved exclusively in the Dutch court located in and serving The Netherlands. You consent to the personal jurisdiction of that court over you for this purpose, and you waive and agree not to assert any objection to such proceedings in that court.
May 20, 2018.