USE POLICY, USER AGREEMENT & TERMS OF SERVICE
This Use Policy (“UP”) governs the services provided by EDITx and includes the following terms and provisions which may be amended from time to time as provided herein. By using any of our services, which include the website, mobile, etc. (the “Service”) you acknowledge that you have read, understood and agree with this policy. You agree not to use the service in ways that violate or contravene any law or regulation, harm any other people, including our members (IT Students, IT Professionals, IT Freelance, IT Academics or other) or breach Internet community standards and you agree not to use the Service to enable others to do those things. We have set out specific prohibited activities in this UP. You agree to incorporate the UP, or restrictions no less protective of our interests, into your contract with your end users.
Modifications. We reserve the right to make changes to the UP at any time. Such modifications will take effect immediately upon posting on the service website.
Laws; Harmful Content. You may not use the service to violate any local, state, federal, European or international law or regulation. In particular, your use of the Service may not violate any copyright, patent, trademark or trade secret infringement, misuse or misappropriation or other intellectual property laws; or cause harm to the EDITx company and employees, system, network, members or community, including behavior that results in a server being the target of a denial of service attack.
Certain Personally Identifiable Information. You are not permitted to use or cause the Service to store or process sensitive or otherwise regulated personally-identifiable information.
Overburdening Resources; Overuse. You may not overburden the Service. You may not place excessive burdens on our, or the providers of third party service, CPUs, servers or other resources or interfere with the service we provide to other customers/users. You may not use excessive bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of the Service by similarly situated customers/users, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Service until your use corresponds with that of similarly situated customers/users. If your order sets out an amount of data transfer or number of visitors, you agree not to exceed this amount. If you do, and we choose not to limit your use of the Service, your data transfer or visitors over the contracted amount will be billed at our then-current rate.
Consequences of a prohibited use. Any violation of any of the terms described in this policy grants us the authority to take action to restrict or terminate access to the service. You acknowledge and agree that you are responsible for any liabilities arising from your violation of the restrictions set out in this UP and agree to further indemnify us against any cause of action, liability, claim, controversy, loss, damages or expenses that may result from any violation of any of the terms contained in this UP.
USER AGREEMENT & TERMS OF SERVICE
The Site. The Site includes, collectively and individually, https://editx.eu, all of its constituent pages, all content on said websites and any constituent page pages as added and modified from time to time, all URL’s associated with or which lead to said websites, all associated applications on any platform (including without limitation Android and IOS), all trade dress on said websites, all of Service Provider’s intellectual property contained anywhere on said websites (including without limitation all copyrights, trademarks, service marks, copyrights...), the source and any other code, design elements, renditions, and copies of any of the foregoing, and to the extent not heretofore listed all of content set forth on each and every page of the website, including without limitation all copy, marks, logos, banners, processes, information, and intellectual property. The Site further includes any and all amendments, modifications, and changes of any nature whatsoever to the foregoing. The Site is the sole and exclusive property of EDITx (“Service Provider”).
By accessing or using this website you are agreeing to the END USER AGREEMENT & TERMS OF SERVICE (“TOS” or “EUA”) set forth herein.
You, the user, and any persons to whom you have given access to the Site and the Services (whether intentionally, negligently, or otherwise) may referred to as “you”.
This is a binding legal contract between you & EDITx . This agreement governs your access to EDITx and use of all the services: Your use of the website and related services constitutes acceptance of this agreement. If you don't agree to any part of this agreement, do not use our services!
The Services (“the Service”).
Service Provider offers a website and related services featuring analytics that allow
- IT Students to:
Test their skills and gain knowledge and insight into ICT-related fields. Participate to challenges organized by prestigious companies and organizations. Eventually win prizes and find employment opportunities by the company hosting a challenge.
- IT Professionals to:
Test their skills and gain knowledge and insight into ICT-related fields. Participate to challenges organized by prestigious companies and organizations. Eventually win prizes, find employment opportunities. Have fun: show you now, share it if you want. Moreover, be recognized as an Expert in its field and gain the status of an IT Educator.
- IT Businesses Owners, IT Businesses Managers or IT Academics to set up:
Tests/Quizzes or challenges for IT students, IT collaborators or anyone interested in IT. Therefore, EDITx provides an IT Multiple Choice Question library organized by skill and level: the graded hands-on IT Questions Library.
Subscription. You shall provide true, accurate, current, and complete information as prompted by the Site and shall update such information from time to time as is necessary. The provision of false, inaccurate, or incomplete information or failure to maintain current information shall be grounds for the immediate termination of your account. You agree only you will use any account created with your subscription and that you will not share any access information, including without limitation your login or password, with any third party. You are solely responsible for maintaining the security of your login and password and agree to indemnify Service Provider for any loss, damage, claim, liability, or cause of action occasioned by the use of such login and password by any third parties. In the event that you believe your account information has been compromised you are required to notify us immediately.
Third Party Accounts. The Service may, but will not necessarily, be accessed via one or more third party accounts. You agree to abide by the terms and conditions that govern such third party account and to hold Service Provider harmless from any cause of action, liability, loss, injury, or damage caused by the use of such third party provider or a violation of the terms of service of such third party provider.
Use of The Service.
Equipment. You are solely responsible for providing the equipment necessary to access and use the Site and the Service. You agree to hold Service Provider harmless from any damage to such equipment regardless of the cause of such damage.
Browser. Service Provider recommends using the latest available edition of Mozilla Firefox or Google Chrome.
Content. All information, code, questions, answers, data, text, graphics, photographs, videos, messages, emails, documents, and other such materials (“Content”) of Users, Members, IT Students, IT Freelancers, IT Professionals or IT Academics or the Business Owners or Managers of Companies used on or transmitted by or through the Site shall be the sole and exclusive property of their authors. Service Provider does not warrant or guaranty the accuracy, integrity, quality, veracity, or appropriateness for any purpose of such Content, and shall be held harmless and indemnified by the Users, Members or Clients for any damages caused by or arising out of the use, reliance on, or application of the Content, including without limitation damages caused by errors, omissions, inaccuracies, negligence, misrepresentations, or fraud.
Prohibited Content. You shall not post on the Site, on your own behalf or on behalf of any third party, and shall not permit others to post on the Site, any Content that, in whole or in part: (a) Is unlawful, racist, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or hate speech;(b) misrepresents the actual identity of a person, or that misrepresents or falsely represents an affiliation with a person or entity; (c) constitutes advertising, promotional material, junk mail, spam, a chain letter, pyramid scheme, or an unauthorized solicitation; (d) is infected by or contains viruses, malware, spyware, worms, or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer, software, hardware, program, or telecommunications equipment; (e) is likely to interfere with or disrupt the Site or the Service, or any server or network connected thereto, or contravenes any requirements, policies, procedures, or requirements of networks connected to the Site or the Service; (f) violates any European, federal, state/regional, or local law, statute, regulation, rule, code, or ordinance/decreet, or otherwise applicable laws regarding transmission of technical data; or (g) imposes an unreasonable or disproportionate workload on Service Provider, the Site, or the Service. Service Provider shall not prescreen any Content but reserves the right to remove without notice any Content that Service Provider deems, in its sole discretion, to constitute Prohibited Content.
Content completion & Modification. You acknowledge and specifically authorize Service Provider to change, alter, or modify the Content as necessary in order to allow a better use of The Service. You acknowledge and specifically authorize the Service Provider to complete the users profile via accessible online information posted by the users on websites like Linkedin, Facebook, Blogs, Websites.
Disclosure of Content. Service Provider may preserve and disclose Content (i) when it is or reasonably determines that it is obligated to preserve and/or disclose Content pursuant to any applicable international law, treaty, federal, state/regional, or local law, statute, code, rule, regulation, or ordinance/decreet; (ii) to comply with any legal process; (iii) to enforce the terms of this Agreement; (iv) to respond to complaints or claims that the Content violates any third party rights; (v) to protect any right or property of Service Provider; and (vi) to protect the personal safety or property of any user of the Site or the Service.
Storage. Service Provider does not warrant or guarantee continued access to any Content transmitted to or stored on the Site or used in any manner on the Site or as part of the provision of the Service, and this Agreement further expressly excludes any warranty that such Content will not be lost, damaged, or destroyed. Service Provider shall not maintain a copy, in whole or in part, of any Content, and further shall be held harmless in the event of a failure to properly store any Content. Service Provider assumes no responsibility for, and shall be held harmless in the event of, any injury or damage to you arising out of the deletion of, failure communications, addresses, or personalization settings.
Modification. Service Provider may (i) establish general practices and use limits concerning the Site and the Service, (ii) limit the size of communications that may be transmitted through the Site and the Service, (iii) limit the amount of Content that may be stored or processed by you on or through the Site, (iv) limit your access to the Site as may be necessary and reasonable under the circumstances, (v) change or modify its general practices in its sole discretion and with or without notice to you, (vi) change or modify the Site, the TOS, or the Service in its sole discretion and with or without notice to you, (vii) quarantine prohibited Content; (viii) modify domain and user settings in its sole discretion and with or without notice to you (including without limitation modifications designed to eliminate spam or bulk mail); and (ix) modify, suspend, or discontinue the Site or the Service as necessary for routine maintenance, extraordinary repairs, or due to an attack by hackers or other third party.
Termination. In the event of your breach of any term of this Agreement, Service Provider, in its sole discretion, may suspend or terminate your account (including without limitation deactivation of your password) and remove and discard the Content, and delete any records concerning or associated with your use of the Site or the Service. You agree that you are not entitled to any refund or indemnity in the event of termination, and that you will indemnify Service Provider and hold it harmless from any costs of any nature whatsoever caused by or attributable in whole or in part to such termination.
Service Provider’s Proprietary Property. The Site, the Service, and any software, hardware, platform, server, code, information, or other materials used in connection with the Site and the Service (collectively “the Proprietary Materials”) all of which are owned by Service Provider and/or its affiliates contain proprietary and confidential information not available to the public and protected by intellectual property, including without limitation copyright protections. You shall not, even by or through any representative, agent, employee, director, officer, shareholder, partner, member, or third party, reverse engineer, reverse assemble, attempt or purport to discover any source code; sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Proprietary Materials; copy, modify, rent, lease, loan, sell, distribute, or create derivative works of (or based on) the Proprietary Materials, in whole or in part; or use modified versions of the Proprietary Materials, including without limitation obtaining unauthorized access to the Site or the Service. You may access the Site only through the URL provided by the Service Provider.
Remedies. The parties acknowledge that any breach of (i) Service Provider’s rights in and to its Proprietary Property or (ii) the Confidentiality provisions of this Agreement is such that legal remedies alone would be insufficient to protect Service Provider’s rights and interests. The parties further agree that in the event of a breach or potential breach of either the Service Provider’s Proprietary Property or the Confidentiality sections of this Agreement, or both, Service Provider may petition any court of competent jurisdiction for a restraining order, injunction, or such other equitable remedy as it may deem appropriate, and Users expressly waives any defense to the inapplicability or inappropriateness of such equitable remedies.
Third Party Service Providers. Certain third parties may offer products and services through the Site (IT Challenges, IT Questions and IT Quizzes). Each such third party is solely responsible for the products or services it offers. Service Provider makes no warranty, guaranty, or representation concerning the availability, quality, fitness, safety, or suitability of any such product or service or of the person or entity that offers, provides, or sells such product or service and expressly disclaims any such warranties, expressed or implied, including without limitation any implied warranties of fitness for a particular purpose or merchantability. You agree to indemnify Service Provider and hold it harmless from any loss, liability, damage, injury, or cause of action caused by or attributable to, in whole or in part, any negligent, grossly negligent, reckless, intentional, or willful act or omission of such third party product or service providers. Service Provider does not warrant that the information, assistance, advice, or consultation provided by any Solver is accurate, beneficial, or will produce a desired result. Furthermore, Service Provider does not warrant or represent that any Solver is qualified to provide and specific information or advice. All such information, assistance, advice, and consultation is provided “AS IS” and subject to the warranty disclaimers set forth below. Users agree to indemnify Service Provider and hold it harmless from any claim, cause of action, injury, loss, or damage caused by or alleged to be caused by the information, recommendations, counsel, or advice provided by any Solver.
Disclaimer of Warranties. USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT (i) ANY INFORMATION OR ADVICE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY SERVICE OR INFORMATION OBTAINED AS A RESULT OF THE USE OF THE SITE OR THE SERVICE WILL MEET USERS EXPECTATIONS, AND (iii) ANY ERRORS THAT IMPAIR THE FUNCTIONALITY OF THE SITE OR THE SERVICE WILL BE REPAIRED. USERS ASSUMES ALL RISK OF LOSS FROM DAMAGE TO ITS COMPUTERS, SOFTWARE, HARDWARE, DRIVES, CODE, DATA, INFORMATION, CONTENT, INTELLECTUAL PROPERTY, AND OTHER PROPERTY OF ANY NATURE WHATSOEVER CAUSED IN ANY MANNER OR BY ANY METHOD FROM MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT USING THE SITE. YOU ASSUMES ALL RISK OF LOSS CAUSED BY VIRUSES, MALWARE, WORMS, OR OTHER PROGRAMS OR MATERIALS TRANSMITTED BY OR THROUGH THE SITE.
Privacy. You acknowledge that Service Provider may collect personally identifiable, confidential, proprietary, trade secret, intellectual property, business, financial, and similar information of Users. Except as set forth elsewhere in this Agreement, Service Provider shall not knowingly sell, rent, transfer, or disclose any information.
Limitation of Liability. In no event shall Service Provider be liable to you for any incidental, indirect, special, consequential, or punitive damages, regardless of the nature of the claim or liabilities to third parties arising from any source, even if a party to this Agreement has been advised of the possibility of damages.
Indemnification. In addition to any other indemnification obligations as set forth in this Agreement, you (“the Indemnifying Party”) shall indemnify and hold harmless Service Provider, its officers, directors, employees, shareholders, agents, partners, members, successors, and assigns (each “an Indemnified Person”) from and against any and all demands, claims, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys’ fees) asserted by any third party against an Indemnified Person, resulting from any breach of the Indemnifying Party’s representations and warranties, any breach or non-fulfillment in the performance of the Indemnifying Party’s covenants and agreements, or negligence by the Indemnifying Party or an agent or independent contractor of the Indemnifying Party in connection with the performance of the Indemnifying Party’s covenants and agreements hereunder. Such indemnification obligation shall include without limitation claims and liabilities arising out of the transmission, use, or posting of Content; use of the Site or the Service; connection to and transmission of Content to or from the Site; your violations of this Agreement; and your violations of any third party’s rights, including without limitation any third party’s intellectual property rights.
Jury Trial Waiver. IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY ON ANY ISSUE AND IN ANY CAUSE OF ACTION.
Class Action Waiver. In the event of a dispute between the parties, resolution of same, whether by arbitration, litigation, or otherwise, shall proceed solely on an individual basis. You hereby waive any right to assert any claim or cause of action on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party.
The Site and Service are not intended for access or use by children under the age of 12 years. The Service Provider can be held responsible for the use of the Service by an unauthorized child.
Miscellaneous Provisions. Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or of the right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision. The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable by a court of competent jurisdiction, the remaining parts and portion shall remain in full force and effect. This Agreement represents the entire understanding by and between the parties and supersedes any other representations, promises, or statements not wholly consistent herewith. The parties acknowledge the receipt and sufficiency of the consideration set forth in this Agreement. This Agreement shall be construed pursuant to the laws of Belgium without regard to its conflict of law provisions. Any lawsuit brought to interpret or enforce the terms of this Agreement shall be filed in the appropriate state or federal court with jurisdiction and venue over Brussels Belgium. The parties hereby waive any defense of improper venue, lack of personal jurisdiction, or forum non conveniens. You warrant that you read the foregoing Agreement, understand and acknowledge each of its provisions, have the authority to execute this Agreement on your own behalf as well as on behalf of any entity or third party signatory, and agree on your behalf and on behalf of any entity or third party to be bound by the terms and conditions herein. Service Provider shall be entitled to recoup from you its costs, including without limitation its reasonable attorneys’ fees, in bringing or defending any lawsuit or other proceedings that concern in whole or in part the enforcement and/or interpretation of this Agreement. Service Provider shall not be liable in the event that the performance of any obligation of Service Provider hereunder is rendered impossible by any circumstance beyond its control and not created by its own act or omission, including flood, fire, and other natural disasters, war, riot or social unrest, work stoppage, act of terrorism. Service Provider shall resume performance pursuant to the provisions of this Agreement upon the abatement of the force majeure. Any notice required to be given to Users may be made, in Service Provider’s sole discretion, by posting same conspicuously on the Site or by email to any email address provided by you. Notice to Service Provider shall be by BELGIUM, RUE DES FRANCS 79, 1040, BRUSSELS