Terms of use

TERMS OF SERVICE

Welcome to Openedu!

Introduction
Thank you for using the Openedu platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Among other things, you can find out about Openedu AI, the Openedu LMS, and the Openedu Platform.

Your Service Provider
The entity providing the Service is Openedu Inc, a company operating under the laws of California, located at 3580 Wilshire Blvd, Los Angeles, CA 90010 (referred to as “Openedu”, “we”, “us”, or “our”). References to Openedu’s “Affiliates” in these terms mean the other companies within the Openedu Inc. corporate group (now or in the future).

Applicable Terms
Your use of the Service is subject to these terms, the Openedu Community Guidelines, and the Private Policy which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements
You must be at least 18 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on Openedu (including how to enable a child under the age of 18 to use the Service) in our Help Center (info@openedu.ai).

Businesses
If you are using the Service on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Openedu or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. Openedu is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.

Openedu Accounts
You can use parts of the Service, such as browsing and searching for Content, without having an account. However, you do need an Openedu account to use some features. With an Openedu account, you may be able to like videos, subscribe to courses, create your own courses and more. You can follow these instructions to create an account.

Creating an account will give you access to additional features and functions, such as uploading videos, making comments, or creating playlists (where available). Here are some details about how to create your own accounts. To protect your Openedu account, keep your password confidential. You should not reuse your Openedu account password on third-party applications.

Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Openedu Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. 

Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to free Content for your personal, non-commercial use. You may also show Openedu videos through the embeddable Openedu player.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or any Content except (a) as expressly authorized by the Service; or (b) with prior written permission from Openedu and, if applicable, the respective rights holders;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Openedu’s robots.txt file; or (b) with Openedu’s prior written permission; 
4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
6. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
7. run contests on or through the Service that do not comply with Openedu’s contest policies and guidelines;
8. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Openedu.

Develop, Improve, and Update the Service
Openedu is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even individual users. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Your Content and Conduct

Uploading Content
If you have an Openedu account, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Openedu and other users of the Service, as described below.

License to Openedu
By providing Content to the Service, you grant to Openedu a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display, and perform it) in connection with the Service and Openedu’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Openedu may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. 

Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By Openedu
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Openedu, our users, or third parties, we reserve the right to remove or take down some or all of such Content at our discretion. We will notify you of the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Openedu or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third parties, Openedu or our Affiliates.

Account Suspension & Termination

Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your Openedu account and remove your data. You also have the option to download a copy of your data first.

Terminations and Suspensions by Openedu
Openedu reserves the right to suspend or terminate your Openedu account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conducted that created (or could create) liability or harm to any user, other third parties, Openedu or our Affiliates.

Notice for Termination or Suspension
We will notify you of the reason for termination or suspension by Openedu unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third parties, Openedu or our Affiliates.

Effect of Account Suspension or Termination
If your Openedu account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using email (info@openedu.ai).

About AI system in the Service

Your Content
You may provide input to the Services (“Input”), and receive the output generated and returned by the Services based on the Input (“Output”). Input and Output are collective “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Openedu hereby assigns to you all its rights, title, and interest in and to Output. Openedu may use Content as necessary to provide and maintain the Services, comply with applicable laws, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

Similarity of Content
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Openedu or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.  

Other Legal Terms

Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND OPENEDU DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.  

Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, OPENEDU, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1. ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE;
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
6. ANY CONTENT WHETHER SUBMITTED BY A USER OR OPENEDU, INCLUDING YOUR USE OF CONTENT; AND/OR
7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OPENEDU AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT OPENEDU HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO OPENEDU, OF THE CLAIM; AND (B) USD $500.

Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Openedu, its Affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Openedu. Openedu has no control over and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law
All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA. You and Openedu consent to personal jurisdiction in those courts.

Limitation on Legal Action
YOU AND OPENEDU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of January 5, 2023