1.1 “Content” means the information and materials contained on the System.
1.2 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill and to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.3 “Party” means either the Training Gateway or the User; and “Parties” means them collectively.
1.5 “System” means the web-based services provided by the Training Gateway to the User.
1.6 “Training Gateway” means the University of York, a body incorporated in England and Wales by Royal Charter, registration number RC000679, whose registered address is Heslington, York, YO10 5DD, UK.
1.7 “User” means the individual or other legal entity that uses the System.
1.8 “User Content” means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that the User uploads to the System.
2. Acceptable Use and Licenses
2.1 Subject to acceptance of these Terms, the User may use the Services for any legal purpose.
2.2 The User shall be solely responsible for any use it makes of the Content and in no event shall the Training Gateway be liable for such use.
2.3 The User grants the Training Gateway a worldwide, non-exclusive, royalty free license to its User Content. This license includes the right to (i) store the User Content on the System and (ii) distribute the User Content to third party users through the System.
3. Prohibited Uses
3.1 The User must not use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.2 The User must not use the System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
3.3 The User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the System.
4. Provision of Service
4.1 The Training Gateway makes no warranties as to the availability of the System whatsoever.
4.2 The System may contain links to other websites. These links are provided for convenience only and the Training Gateway is not responsible for the content of the linked websites.
5.1 The System and the Content are provided to the User “as-is” and “as-available”. The Training Gateway makes no representation or warranty, whether express or implied, as to the quality, accuracy, sufficiency, or fitness for purpose of the System or the Content.
5.2 The User represents and warrants that, with respect to User Content, it has the full and unrestricted right to copy and distribute such materials and grant the permissions contained in clause 2.3.
5.3 The User represents and warrants that it will not infringe the Intellectual Property Rights of any third party in its use of the System or submission of User Content.
6.1 The User agrees to indemnify the Training Gateway and its employees from all claims, liabilities, losses, damages, and expenses (include, without limitation, legal fees and court costs) arising from or relating to the User’s breach of these Terms.
6.2 The Training Gateway shall not be liable for any consequential, indirect, special, or exemplary damages including, without limitation loss of profit, business interruption, and loss of opportunity.
6.3 Nothing in these Terms may be construed as limiting or excluding either Party’s liability for negligence resulting in personal injury or death; fraud; or any other liability that, by law, cannot be limited or excluded.
7. Final Provisions
7.1 If any provision of these terms is found by a competent court to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
7.2 Neither Party will be liable to the other for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control.
7.3 The User shall not assign any obligation or delegate any duty without the prior express written permission of the Training Gateway. Any attempted assignments shall be void. The Training Gateway may assign this Agreement upon written notice to the User.
7.4 This Agreement does not and is not intended to confer any enforceable rights or remedies upon any person other than the Parties.