X5Learn ( "we" or "us") provides an online service providing access to third-party educational material (collectively, "Content") available on the www.x5gon.org website (the "X5Learn Site"), and other websites where users may embed the Content (these websites, together with the X5Learn Site, are referred to collectively as the "Sites"). Our learning platform service, including the Content and our video, pdf players, self-note taking, annotating and any other features, tools, applications, materials or other services offered from time to time by X5Learn in connection with its business on any of the Sites are referred to collectively as the “X5Learn Services." We are based in Slovenia. In order for all of our users to enjoy the X5Learn Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). X5Learn uses machine learning to help establish your own and other users’ preferences based on the information that you provide to us explicitly or through your online searches. By visiting the X5Learn Site (whether or not you are a registered member) or using any of the X5Learn Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with an excellent user experience, so if you have any questions or comments about these Terms, please contact us at info@X5Learn.org.
X5Learn may change this Terms of Use at any time and such changes shall be effective upon posting the new Terms of Use on the X5Learn Site http://X5Learn.org/site/terms_of_use/. Any visit to the X5Learn Site or use of the X5Learn Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
Information gathered from users on the X5Learn website is licensed under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 license. Rather than perceived as a restriction on use, this is seen as facilitating use through the addition of context, association, and relevance, to make X5Learn easier to find and use for educational purposes.
Not all X5Learn materials are covered by the same licenses. X5Learn gathers and presents metadata (pointers) on X5Learn materials, which themselves have varying degrees of open use and reuse policies, copyright agreements, and licensing arrangements.
Although we seek to point to open and re-usable content, X5Learn in no way promotes the use of materials outside the particular legal restrictions imposed by an X5Learn author or provider. X5Learn does not take any responsibility of how the materials served by X5Learn is used by its consumers in relation to breach of copyright restrictions of the respective materials.
We reserve the right to remove any material from the site deemed to fall outside of the definition of X5Learn. We make no claim of rights over X5Learn content hosted on other sites that we may link to. We take no responsibility for the consistency of X5Learn content that we may link or for the use that any user of the X5Learn site may engage in or recommend to others.
The Content: The X5Learn Site includes a collection of educational resources from a variety of public repositories. All of the content on the X5Learn Site is protected by the copyright of X5Learn, other content providers or our users. Materials provided via X5Learn may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. As a user of the X5Learn Site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the X5Learn Site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any X5Learn content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.
Your Responsibilities: In order for us to keep the X5Learn Services safe and available for everyone to use, we all have to follow the same rules. In general, we need for everyone to use X5Learn Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the X5Learn Services in a way that:
No Spam/Unsolicited Communications: No one may use the X5Learn Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.
Suspension/Discontinuation: We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the X5Learn Services, at any time without notice. It is important that you understand that X5Learn will not be liable to you for any modification, suspension or discontinuance of the X5Learn Services.
We may from time to time offer various features that require registration or the creation of an account on the X5Learn Site (e.g: personalisation features such as self notetaking, bookmarking, recommendations). If at any time you choose to register or create an account with us, these additional terms and conditions also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Change your password often using the change password functionality provided by X5Learn Site. Please notify us at info@X5Learn.org (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by using the deactivate account feature available in the X5Learn Site. This feature will delete all personal information (including demographic information, material history, web activity logs, self-notes and bookmarks). We reserve the right to immediately terminate your account or your use of the X5Learn Services at any time without notice or liability if X5Learn determines in it is sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct (including self-notes and other personal content created for personal consumption). We also reserve the right to terminate your account or your use of the X5Learn Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the X5Learn servers being made.
For information about X5Learn’s policies and practices regarding the collection and use of your personally identifiable information, please read X5Learn 's Privacy Policy located at http://X5Learn/site/privacy_policy/. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the X5Learn Site and use of the X5Learn Services on any of the Sites are governed by the X5Learn Privacy Policy in effect at the time of your use.
Your Posts: As part of the X5Learn Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") self-notes, annotations, reviews, comments or other materials (collectively, "User Material") for their personal learning benefit. In order to keep the X5Learn Services enjoyable and decent for all of our users, we ask you to adhere to the following rules. Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the X5Learn Services and your learning journey. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant X5Learn the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. X5Learn will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that X5Learn does not guarantee any confidentiality with respect to any User Material. X5Learn does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant X5Learn a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the X5Learn Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the X5Learn Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not display your User Material. The license you grant to X5Learn is non-exclusive (meaning you are free to license your User Material to anyone else in addition to X5Learn), fully-paid and royalty-free (meaning that X5Learn is not required to pay you for the use of your User Material), and sublicensable (so that X5Learn is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the X5Learn Services). By Posting your User Material, you also hereby grant each user of the X5Learn Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the X5Learn Services and under these Terms of Use.
Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. X5Learn does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of X5Learn. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does X5Learn assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against X5Learn with respect to such User Material. You can help us tremendously by notifying us of any inappropriate material you find in Content that comes via X5Learn. If a "report" feature through the X5Learn Services is not available for a specific instance of inappropriate User Material, please email info@x5learn.org (subject line: "Inappropriate Educational Material").
Third Party Websites: If we provide links or pointers to other websites, no inference or assumption should be made that X5Learn operates, controls, or is otherwise connected with these websites. When you click on a link within the X5Learn Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
X5Learn is not responsible for the content or practices of any other website, even if it links to the X5Learn Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with X5Learn. By using the X5Learn Services, you acknowledge and agree that X5Learn is not responsible or liable to you for any content or other materials hosted and served from any third party website.
X5Learn, the X5Learn logo, http://X5Learn, and other X5Learn marks, graphics, logos, scripts, and sounds are trademarks of X5Learn. None of the X5Learn trademarks may be copied, downloaded or otherwise exploited without X5Learn’s prior written consent.
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE X5Learn SERVICES, YOU AGREE THAT USE OF THE X5Learn SERVICES IS AT YOUR OWN RISK. THE X5Learn SERVICES, INCLUDING THE X5Learn SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, X5Learn DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE X5Learn SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. IN NO EVENT SHALL X5Learn OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE " X5Learn PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE X5Learn SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE X5Learn PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE X5Learn PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE X5Learn SERVICES.
If you believe that any Content, User Material or other material provided through the X5Learn Services, including through a link, infringes your copyright, you should notify X5Learn of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which X5Learn receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to X5Learn’s Copyright Agent at info@X5Learn . You may also contact us by mail at:
Jozef Stefan Institute Center for Knowledge Transfer Jamova 39, 1000 Ljubljana, Slovenia
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the X5Learn Services that is reasonably sufficient to enable X5Learn to identify and locate the material; (d) how X5Learn can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the X5Learn Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Slovenia or the country in which you reside. Choice of Law. This Agreement shall be governed by the laws of the District Court in Ljubljana, Slovenia. No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at info@X5Learn (subject line: "TOU Violation"). Precisely how X5Learn responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon X5Learn 's precise response in one situation as any indication of what X5Learn might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. X5Learn 's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and X5Learn and governs your use of the X5Learn Services (but excluding any services, if any, that X5Learn may provide to you under a separate written agreement), and completely replaces any prior agreements between you and X5Learn in relation to the X5Learn Services. It may not be amended or varied by you except in a writing signed by X5Learn. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if X5Learn acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the X5Learn Services!
For more information about our privacy practices, email us at info@X5Learn or write to us at: Jozef Stefan Institute Center for Knowledge Transfer Jamova 39, 1000 Ljubljana, Slovenia