General Terms and Conditions of Use Preamble
<p>These General Terms and Conditions of Use are meant to define the terms,
conditions, requirements and procedures under which France Université Numérique
(hereinafter “FUN”) provides web content management and hosting
services on its www.fun-mooc.fr internet
website (hereinafter the “Site“).
As
used herein, and particularly in the “Privacy Policy” and
“User’s Charter” set out below, “we” and “our” refer to FUN and
the FUN website, and “you” refers to the
Site user.</p>
<p>By accessing this website, you agree to fully abide by these General
Terms and Conditions of Use.
Any user wishing to access the
Site must have first read and understood
these General Terms and Conditions of Use, including the User’s Charter,
the Privacy Policy and legal notices and disclaimers, all of which the
user agrees to observe without reservation.</p> Object and Purpose
<p>FUN provides an online platform which hosts MOOCs (Massive Open Online
Courses) created by higher education institutions, research
organizations and FUN partners based in France and throughout the world.
By registering for an online course offered on the
Site, you join a worldwide community of
learners.
FUN endeavors to provide you access to top-quality online
courses and learning materials offered by higher education
establishments and FUN partners, wherever you are located.</p>
<p>Furthermore, by registering on the Site,
you agree, unconditionally and without reservation, to observe and abide
by the General Terms and Conditions of Use, the User’s Charter and the
Privacy Policy.
Accessing and/or using
theSite constitutes your acknowledgment
to comply with these General Terms and Conditions of Use, User’s
Charter, and the Privacy Policy, without limitation or qualification.</p>
<p>If you do not understand these terms and conditions, or do not agree to
be bound to them, you are advised to not use the FUN
www.fun-mooc.fr.
online website.</p>
<p>Accordingly, FUN reserves the right to deny access or to exclude without
prior notice any user who does not observe the General Terms and
Conditions of Use, the User’s Charter or the Privacy Policy, in which
case FUN shall accept no responsibility or liability for any loss,
damage, action or claim arising out of or otherwise in connection with
such denial of access or exclusion.
and FUN also reserves the right to
delete any comment or contribution which is deemed to constitute a
violation of French law or is the subject of a third party claim.</p>
<p>FUN reserves the right to alter or modify the General Terms and
Conditions of Use, the User’s Charter, the Privacy Policy, and the legal
notices and disclaimers without prior notice, all while remaining in
compliance with the provisions of Law n° 78-17 of 6 January 1978 on
French Data Protection and Freedom of Information.
Any such alteration
or modification shall be immediately effective upon displaying or
posting it on the present web page.
Notice regarding the
updating/modification date shall also be posted on the website.
Accordingly, you are advised to regularly check for the latest, updated
versions of the aforementioned provisions.
Permission to use the
Site is contingent on an express
agreement between the user and FUN.</p> User’s Rules of Conduct
<p>As a user of the Site, you are liable for
any information that you publish on the
Site, as well as for the manner in which
you use the Site.
Publications include
all content contributed, posted or displayed by you or by other users on
the Site.
Such user-related content is
understood to mean any texts, photographs, videos, or discussions that
are transmitted, communicated, or otherwise presented on interactive
spaces (forums, wikis, social networks), and work submitted as part of
course assignments (including peer assessment assignments).
In that
regard, FUN hereby informs you that, as a general practice, FUN does not
guarantee the accuracy, completeness, thoroughness or authenticity of
the comments displayed on the Site by
other users.</p>
<p>You acknowledge and agree that you will use the
Site while acting in compliance with
these Terms and Conditions of Use, User’s Charter and Privacy Policy.</p>
<p>FUN expressly prohibits you from using the
Site or its contents to engage in any
cyber-criminal act, including but not limited to breaches of privacy,
integrity and availability with respect to
Site access,
Site content,
Site data and
Site computer systems.</p>
<p>Accordingly, you agree to abide by prevailing rules of conduct for
computer and network use, notably by refraining from intentionally
engaging in any activities that constitute or may give rise to:</p>
<ul>
<li>Identity theft;</li>
<li>Stealing passwords from other users;</li>
<li>Modifying, altering or destroying data that does not
belong to you;</li>
<li>Monitoring or inspecting data belonging to other users,
without their authorization;</li>
<li>Connecting to or attempting to connect to an account without proper
authorization;</li>
<li>Letting someone use your user name and/or your password;</li>
<li>Diverting one of the Site’s
functions or features, causing it to deviate from normal use;</li>
<li>Damaging, disabling, overcharging, impairing or disrupting the
server or the network.</li>
</ul>
<p>This list is subject to expansion in conformance with prevailing laws,
rules and regulations.</p>
<p>You further agree to abstain from attempting, by any means whatsoever,
unauthorized access to the Site and unauthorized collecting of any data
that is stored on the Site, its servers
or on associated computers, through any means not intentionally made
available to you through the Site.</p>
<p>In addition, you agree to observe all applicable laws, rules and
regulations in force prohibiting you from making any comments or
depictions that are:</p>
<ul>
<li>racist, xenophobic, anti-Semitic, LGBTphobic, negationistic,
revisionist, pornographic, pedophilic, child pornographic in nature,
or otherwise defamatory, sexually orientated or obscene;</li>
<li>abusive, vulgar, defamatory, or which infringe upon a person’s right
to privacy, and, more generally, violate anyone’s personality rights;</li>
<li>of such a nature as to undermine someone’s human dignity;</li>
<li>of such a nature as to incite violence, suicide, terrorism, or the
use, manufacture or distribution of unlawful substances;</li>
<li>likely to incite crimes or offenses, and particularly crimes against
humanity;</li>
<li>deemed to infringe third-party intellectual property rights (notably
copyrights pertaining to texts and photographs) or image rights
(relating to the publication of a person’s image without their
consent) whenever you have not received permission from authors
and/or rights holders;</li>
<li>deemed to entail the publication of deliberately fraudulent, false,
or misleading content;</li>
<li>deemed to entail the publication of content promoting for-profit
services.</li>
</ul>
<p>This list is subject to expansion in conformance with prevailing laws,
rules and regulations.</p>
<p>The Site contains information provided
by users or via hypertext links to other websites that are not edited or
monitored by FUN but have been supplied or offered by third parties.
The
existence of a link on the Site toward an
external website should not be construed as a validation or endorsement
of the external website or its content by FUN.
It is solely your
responsibility to verify and use any such information with discernment
and a critical mind.
The reasonableness, timeliness, accuracy or
completeness of such information has not been verified by FUN.
Accordingly, FUN expressly declines any liability in that regard.</p>
<p>You agree, furthermore, to:</p>
<ul>
<li>Respect the intellectual property rights pertaining to content
featured on the Site, as well as any
and all third-party intellectual property rights, in accordance with
the terms of use specific to each course offered on the
Site;</li>
<li>Respect the private life of other users and, more generally, abstain
from interfering in their rights;</li>
<li>Preserve the confidentiality and security of private data regarding
users of the Site;</li>
<li>Not collect by any means user-related data, including e-mail
addresses, without the concerned users’ consent.</li>
<li>Not engage in any form of cheating aimed at artificially enhancing
your assessments or results;</li>
<li>Not attempt to artificially enhance or lower the assessments or
results of others;</li>
<li>Abstain from divulging or publishing answers to exercises used to
evaluate learners.</li>
</ul>
<p>If a user breaches any of the aforementioned rules, FUN reserves the
right to block the infringing user’s access to
Site services, in whole or in part,
temporarily or definitively, without liability and without need to give
notice to the user.</p>
<p>FUN also reserves the right to remove, in whole or in part, contents,
information and data of any kind, which the user has placed online on
the Site.</p> Use of the User Account
<p>To take full advantage of the activities offered by the
Site, you must provide a full name, a
user name, an e-mail address, and a password, for the purpose of
creating a user account.
Upon creation of your account, you may be
required to provide additional, optional information.</p>
<p>It is your sole responsibility to keep your login IDs (usernames) and
passwords secret and non-accessible to third parties.
If that
information is lost or stolen, or if you suspect that a third party has
gained access to your profile, you must promptly inform FUN via the
Site’s contact
page https://www.fun-mooc.fr/contact/.</p>
<p>You agree to supply accurate information corresponding to your current
situation and status.
You also agree to maintain such information
up-to-date.</p>
<p>You also agree not to create or use a false identity with the intention
of misleading others.</p>
<p>FUN agrees to protect the confidentiality, privacy and security of your
private data, in conformance with the Privacy Policy.</p> Rules of Use for Site Contents
<p>The contents (texts, courses, photographs, videos, etc.) featured on the
Site are for strictly personal use only.</p>
<p>Unless the terms of use applicable to online courses stipulate
otherwise, you are prohibited from reproducing and/or using the brands,
logos and distinctive signs presented on the
Site, as well as being further prohibited
from modifying, assembling, decompiling, assigning, sub-licensing,
transferring, copying, translating, duplicating, selling, publishing,
exploiting and distributing or issuing, in whole or in part, in any
other format, the information, texts, photos, images, videos and data
featured on this Site.
Failure to comply
with these mandatory conditions renders you and all other offenders
liable to the civil and criminal penalties or sanctions imposed by
French law.</p> Rules of Use for Content Featured in Online Courses Hosted by FUN
<p>You agree to abide by the terms of use specific to each online course
hosted on the Site.
Such terms of use are
delineated specifically for each course and are detailed on the
presentation page for each course.</p>
<p>Such terms of use are fully set out at the time of your registration for
an online course hosted on the Site.
If
no such details are provided upon your registration for an online
course, you may access or use the contents for strictly personal
purposes only, and must obtain the permission of use from the relevant
authors and explicitly mention them by name.</p> Rules of Use for Content posted by you as part of your registered online courses hosted by FUN
<p>Before posting/publishing any content, you must ensure that you have
requisite rights and permission, including all copyrights or other
intellectual property rights, pertaining to your contribution and/or
comment, particularly regarding their reproduction and dissemination on
the Site.
Moreover, you agree to use your
utmost diligence to observe third-party rights (copyrights, trademark
rights, or personality and image rights).</p>
<p>Whenever you post content for your online course, you agree to allow
such contents to be reproduced and disseminated potentially worldwide,
though solely for the purposes of the online courses, unless the terms
of use for the courses in question stipulate otherwise.</p> Use of brands and logos
<p>The brands and associated logos appearing on the
Site are protected by trademark.
Consequently, they are the exclusive property of the issuing
organizations and institutions.
As such, none of these distinctive signs
or variations thereof may be used, except with the prior consent of the
pertinent organizations and institutions.</p> Responsibilities User Responsibilities
<p>All hardware and software necessary to access and use the
Site are at your own cost, expense and
responsibility.
Consequently, you are responsible for ensuring the
proper, continued operation of your hardware and Internet access.
To
that end, you must take all corrective and/or preventive measures as may
be necessary to protect all data, software and/or computer systems
against potential contamination or spread of computer viruses.</p>
<p>You are solely responsible for the use of content made available through
the Site.
Any actions or decisions that
you take based on such information are entirely your responsibility.
You
assume full liability or responsibility for accessing contents posted on
the Site and FUN shall bear no liability
for any loss or damage to data resulting from downloading or using
content posted on the Site.</p>
<p>You agree to be held solely and fully responsible and liable to FUN and,
if the situation warrants, to any concerned third parties, for any
direct or indirect damage of any kind arising from or in connection with
content transmitted or posted on the Site
or via the Site, as well as for any
breach of these General Terms and Conditions of Use, User’s Charter and
Privacy Policy.</p> FUN’s Responsibilities
<p>Under normal circumstances, the Site is
accessible 24 hours a day every day of the week, except during service
interruptions due to scheduled maintenance or unscheduled emergency
maintenance or due to the occurrence of a <em>force majeure</em> event.
Insofar
as it is bound to perform its services on the basis of a best efforts
obligation, FUN assumes no liability for any loss or damage of any kind
resulting from the unavailability of the
Site.</p>
<p>FUN shall use all reasonable means available to provide quality access
to its users, without being bound by any obligation to achieve such
result.</p>
<p>Moreover, FUN assumes no liability for any failure or dysfunction
affecting the network or the servers or any other event deemed to be
beyond FUN’s reasonable control, preventing or impairing user access.</p>
<p>FUN reserves the right to temporarily interrupt, suspend or modify
access to all or part of its Site,
without prior notice, for maintenance purposes or for any other reason,
without liability or compensation to you.</p>
<p>Except in the instance where FUN had been duly informed of the existence
of illegal content, as defined under applicable law, yet failed to act
promptly to remove it, FUN cannot be held liable for posting such
contents.</p>
<p>FUN bears no responsibility for contents provided by organizations and
institutions for inclusion in online courses hosted by the
Site.</p>
<p>Also, under no circumstances may FUN be held liable for relationships
existing between users and online courses hosted by FUN.</p>