Terms

TERMS OF SERVICE/TERMS OF USE (User Agreement)

Effective: February 23, 2018

Definitions:

These Terms of Service and Terms of Use (“Terms”) constitute a contract between site visitors, resident experts, content contributors, commenters and discussion participants (severally “Users“) and OpenWorld Central Limited trading as OpenWorld. These Terms govern Users’ activity on  and usage of OpenWorld’s sites, services, mobile apps, products, and content (“Services”).

(1.1) By using OpenWorld, Users agree to these Terms. In the event that Users were not to consent to any of these Terms, the absence of such consent would serve to render said Users prohibited from participation in OpenWorld.

(1.2) OpenWorld can change these Terms at any time. OpenWorld maintains a historical archive record of any and all changes to these Terms. If any change is material, OpenWorld will notify Users before such changes take effect. By using OpenWorld on or after the above stated effective date, you agree to the new Terms. If Users do not agree to them, the user accounts in question should be deleted before the said Terms take effect, otherwise use of the site and its content will be subject to the said Terms.

2] Terms of Service:

(2.1) Users retain full intellectual rights to the content they create and post on OpenWorld.

(2.2) In submitting content and/or registering to OpenWorld, users issue OpenWorld with a nonexclusive license to publish such content on OpenWorldServices, including anything reasonably associated with publishing (such as storage, display, displaying, formatting, reformatting, promotion, marketing or distribution).

(2.3) In consideration for OpenWorld granting Users access to and use of the Services, Users agree that OpenWorld may enable advertising on the Services, including in connection with the display of Users’ content or other User information. We may deploy Users’ content to promote OpenWorld, including its services products and content.

(2.4) OpenWorld hereby warrants to never sell Users’ content or personal or professional information data to third parties.

(2.5) Users are responsible for all content that Users submit for publication. Users therefore assume all liabilities associated with the publication of Users’ content, including the reliance of third parties on the accuracy of such content or claims relating to libel, intellectual property or other legal claims, rights and remedies.

(2.6) Users are welcome to submit content to OpenWorld that has been published elsewhere, wherever the submitting User enjoys the necessary rights to do so.

(2.7) When Users submit content to OpenWorld, the act of submitting such content constitutes a representation that the submission  of the said content does not constitute a breach of any pre-existing agreement.

(2.8) When Users submit unoriginal content to OpenWorld, the act of submitting such content constitutes a representation that the User enjoys the right to do so, such as content submitted that is in  in the public domain, that is distributed under license (including a free license, such as Creative Commons), or under Fair Use conventions.

(2.9) OpenWorld reserves the right to remove any content for any reason.

(2.10) Users can delete their content, or profile without condition. Content deletion and profile closure to render both inaccessible to other Users will be effected as quickly as is possible following user action to delete content and or close a profile.

(2.11) OpenWorld may retain backup copies of deleted content or profile information on our servers for up to 21 days after deletion.

(2.12) Users are prohibited from copying or adapting any portion of OpenWorld‘s code, infrastructure, legacy content or visual design elements (including logos) without explicit documentary permission from OpenWorld, unless otherwise permitted by law.

3] Terms of Use:

Users are prohibited from attempting to:

(3.1) access or tamper with non-public areas of the Services, OpenWorld‘s computer systems, or the systems of OpenWorld‘s hosts, affiliates, partners, suppliers or providers;

(3.2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) provide by OpenWorld;

(3.3) replicate any TCP/IP packet header or any aspect of the header information in any email or posting, or in any way use the Services to send misrepresentative, deceptive or falsified information;

(3.4) interfere with, or disrupt, the access of any User, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or User profiles in order to interfere with or create an undue burden on the Services.

(3.5) crawling the Services is allowed if done in accordance with the provisions of OpenWorld or WordPress robots.txt files. However, data scraping of the Services is prohibited.

(3.6) OpenWorld may alter, amend, terminate, or restrict access to any aspect of the Services, at any time, without notice.

(3.7) Activity on OpenWorld is limited to Users 16 years old and over. Use of OpenWorld confirms that Users are aged 16 or over.

4] Warranty Disclaimer:

(4.1) OpenWorld provides the Services to Users as currently constituted. Users access the Services and participate at Users’ own risk and discretion. No express or implied Warranty is offered in the provision of the Services. No implied warranty of merchantability, fitness for specific purpose, accessibility, availability, security, title or non-infringement.

5] Limits of Liability:

(5.1) OpenWorld will not be liable for any damages arising from usage of the Services, incorporating any form of direct indirect, incidental, coincidental, consequential, special or exemplary damages and all categories of legal claim, such as unavailability, loss of access, breach of warranty, breach of contract, tort, or any form of loss.

6] Legal Jurisdiction:

(6.1) These Terms are governed by the laws of the EU (“European Union”) as interpreted in the GDPR (General Data Protection Regulation“) due to come into force and effect on May 25th, 2018, without reference to existing EU or to imminent GDPR conflict of laws provisions. Users agree that any suit arising from the Services must take place in a court located within the EU and under EU Jurisdiction.

7] Severability:

(7.1) In the event that any provision within these Terms were to be found unlawful or invalid or by a court of competent jurisdiction, Users agree that the court should attempt to give effect to the parties’ intentions as reflected in said provisions and that uncontested provisions of the Terms would remain in full force and effect.

8] Agreement:

(8.1) These Terms (including any document incorporated by reference into them) constitute the whole agreement between OpenWorld and Users concerning the Services.

9] Rules & Policies:

(9.1) OpenWorld stores and collect and User information in full compliance with the provisions of  EU Data Protection Law and extends the same protections to Users regardless of their place of residence. Using OpenWorld constitutes consent for OpenWorld to transfer, store, and process User information (including personal information and content).

(9.2) Content will be removed in full compliance with the provisions and Policies enshrined in the (DCMA) (“Digital Millennium Copyright Act), in the event of receipt of a valid DCMA Takedown Notice.

(9.3) By using OpenWorld, Users agree to follow these Rules and Policies.

(9.4) Breach of these Terms can result in Users being suspended or permanently prohibited from participation in OpenWorld and barred from accessing the Services.

OpenWorld Organisation © 2018

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