This end user agreement (the “Agreement”) applies to any user who subscribes to, accesses, or uses services provided by Digital Opportunity Trust (“DOT”). By subscribing to, accessing, or using DOT’s Services, you (the “User”), acknowledge that the User has read, understood and agrees to abide by this Agreement.
1. Dot’s Services
a) DOT provides an online platform and learning materials through the online platform to allow the User to:
i). access, download, and use learning materials; and
ii). upload materials to the online platform for sharing with other users (“DOT’s Services”).
2. Permission Granted by DOT to User
a) After the User has subscribed to DOT’s Services, and during the effective subscription period, DOT grants the User permission on a non-commercial, non-exclusive, non-transferable basis to use DOT’s Services and to use the platform in compliance with this Agreement. (This means there will be other users but you, the User, cannot let anyone else use Dot’s Services based on the permission given to you nor are you allowed to make any money using DOT’s Services.)
3. User’s Responsibilities
a) The User will use DOT’s Services lawfully according to laws in Canada, in the country where the User is located and any other applicable laws.
b) DOT’s permission given to the User to use DOT’s Services does not mean that DOT endorses, in any way, the User or the uses of DOT’s Services made by the User.
c) The User needs DOT’s written consent before the User may copy, reproduce or distribute to others all or any portion of the materials obtained from DOT’s Services.
d) If the User uses the materials obtained from DOT’s Services, the User will refer to or mention the author and the source of the materials.
e) The User will use the materials obtained from DOT’s Services only for the purpose described in 1.b) and not for any commercial purposes.
f) If the User changes the materials obtained from DOT’s Services, the User will upload the materials containing the changes to the online platform to share with other subscribed users and,
i) the User will indicate the changes made to the materials obtained from DOT’s Services;
ii) the User will not apply any legal or technical restrictions to prevent other subscribed users from using the changed materials;
iii) by uploading the materials containing the User’s changes to the online platform, the User expressly assigns to DOT the User’s copyrights and any other intellectual property rights in the changed materials.
4. DOT’s Rights
a) DOT may modify DOT’s Services at any time; this may include adding other services to DOT’s Services or removing some of the services from DOT’s Services.
b) DOT may interrupt access to DOT’s Services from time to time for regular maintenance, testing and upgrades of the online platform.
c) DOT may edit or remove the materials uploaded to the DOT’s online platform by the User.
d) DOT may capture and record information related to the User’s activities during the course of using DOT’s Services.
i) Such information may be aggregated, analyzed and used by DOT for research and program improvement.
ii) Such information may be aggregated, analyzed and used by DOT to modify DOT’s Services and to develop other services.
iii) Such information may be disclosed, in an aggregate and anonymous form only, to third parties for the same or similar purposes.
5. DOT’s Responsibilities
To the best of its ability, DOT will:
a) make DOT’s Services available to the User as much as practical;
b) give the User notice of changes to DOT’s Services and scheduled interruptions.
6. Intellectual Property
a) DOT retains all applicable intellectual property rights, including but not limited to copyright, trademark, patent and design rights, in DOT’s Services, the online platform, and the materials provided through the online platform.
b) The User acknowledges and agrees that DOT’s Services and the materials may contain proprietary and confidential information that is protected by applicable intellectual property and other laws in Canada and other countries.
c) The User agrees not to use such intellectual property, unless expressly authorized by this Agreement or by DOT.
d) The User agrees not to rent, lease, loan, sell, distribute the materials obtained from DOT’s Services, unless expressly authorized by this Agreement or by DOT.
e) Any suggestions or ideas given to DOT in any form or manner, including suggestions related to service improvements or corrections of errors regarding DOT’s Services, become the exclusive property of DOT.
i) Such suggestions or ideas may be used by DOT as it decides without compensation or attribution to the User.
ii) DOT is not obligated to review or implement any suggestions or ideas DOT receives, or to keep this information confidential.
7. Information Security
a) DOT is committed to protecting the User’s personal information and User data collected from the User and takes appropriate measures to protect against any unauthorized access to this information.
b) Access to the User’s personal information and User data stored on DOT’s server is restricted to authorized personnel, including DOT’s employees and contractors who provide DOT’s Services.
c) Any individuals having access to the information stored on DOT’s servers are bound by confidentiality agreements.
b) The User agrees that DOT may disclose to third parties, if required by law or for safety reasons or to investigate suspected fraud or to protect DOT’s rights, any information provided to DOT by the User and information collected automatically from or about the User.
a) Provision of DOT’s Services to the User does not mean in any way that DOT endorses the User or the use the DOT’s Services by the User.
10. Limitations of Liability
a) DOT provides the DOT’s Services on an “as is” and “as provided” basis.
b) All warranties, including but not limited to any implied warranties of non-infringement of rights of others, are expressly excluded and denied.
c) Although DOT will ensure secure, safe, retention of data and materials received from the User or other subscribed users to the best of its ability, DOT bears no liability for information and materials submitted to, stored and accessed through DOT’s Services.
d) The User understands and agrees that DOT shall not be liable, under any circumstances or principles of law, for any direct, indirect, consequential, incidental, special, punitive or exemplary damages, including but not limited to damages for loss of business, use, data, profit, goodwill or other intangible losses, whether or not within the knowledge or anticipation of DOT, from the User’s use of or inability to use DOT’s Services.
a) The User agrees to indemnify and hold DOT harmless against any liability or claim of any person that relates to the use of DOT’s Services by the User.
b) The User acknowledges that DOT has no control over the source, quality, format, nature, ownership or legality of the materials uploaded to the online platform by other subscribed users and that the User is responsible for any claims or liabilities that may arise from the User’s actions in uploading materials to the online platform or in using the materials uploaded by other subscribed users.