TERMS AND CONDITIONS

THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THIS PLATFORM, ON2LEARN, AND ITS PARTNER SITES EDUCATION-HISTOIRE, AND INTENSIVE-ESL. PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING OR SUBMITTING CONTENT IN ANY FORM OR MEDIUM FOR PUBLICATION ON THIS PLATFORM. BY CONTINUING TO USE US, OR BY SUBMITTING CONTENT FOR PUBLICATION ON THIS SITE, YOU AGREE TO ABIDE, AND THAT YOU ARE BOUND, BY THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME, AND YOU AGREE (INCLUDING BY VIRTUE OF YOUR CONTINUED USE) TO BE BOUND BY ANY SUCH CHANGES (the “Terms”).

INTRODUCTION

  1. Purpose

ON2LEARN (and its partner sites) is an educational platform designed for teachers and other staff members serving the educational needs of the Quebec community (the “Members”).

  1. Agreement

ON2LEARN is an online educational service platform (the “Educational Platform” or “Service”) which offers a curated collection of resources, tools to share resources   and community spaces to serve the Quebec education community. This Educational Platform is developed, designed and licensed by Leading English Education and Resource Network (LEARN), a not-for-profit organization that primarily serves the public and private Anglophone and Aboriginal, Youth and Adult Education sectors of Québec, and its affiliates and partners (collectively “we”, “us”, “our”). The Terms set forth herein apply to all information, online communications, services, text, videos, audio files, graphics, still images, links, or other material and content that is or becomes available on the Educational Platform. By registering, accessing or using our services or any of our related or affiliated services, you are entering into a legally binding agreement.

  1. REGISTRATION
  1. Member Registration and Eligibility

Access to the services provided shall require registration and the creation of an account. When creating an account, you must provide true, accurate and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, misleading or incomplete, or if we have reason to believe that the information provided is untrue, inaccurate, misleading or incomplete, we have the right to suspend or terminate your account without notice or delay. To use our Educational Platform you agree that you are: (i) over the age of 14 years of age (subject to jurisdictional variations in which case the minimum age is that set by such jurisdiction) and (ii) you have only one user account which must be in your real name.

2.2 Membership

As between you and others, your account belongs to you. You are responsible for maintaining the confidentiality of your password and to choose a password which is strong and secure and you are solely responsible for all activities that occur with your account. We are not liable for any losses or prejudice caused by the unauthorized use of our Educational Platform, whether directly or indirectly. By accepting these Terms, you assume all liability for any activity engaged in on your account and shall save harmless LEARN and all of its directors, officers and employees. You hereby understand that any loss suffered will be at your sole expense unless through the gross fault or gross negligence of LEARN. As such, and in order to protect against or diminish any such loss, we ask that you please report any misuse immediately by emailing us at on2learn.info@learnquebec.ca .

Access is limited to Members.

  1. RESTRICTIONS ON USE AND CONTENT ON THE EDUCATIONAL PLATFORM

The use of our Educational Platform and the content therein is intended for a bona fide non-commercial and educational use only. You may not use the content therein (whether directly or indirectly) for a commercial or for-profit manner without our prior written consent or use same in a defamatory or derogatory manner.

You may not circumvent, disable or otherwise interfere with security-related features of the Educational Platform or features that prevent or restrict the use or copying of any content. You further agree not to (i) modify, copy or create derivative works in connection with a competitive service; (ii) reverse engineer (or otherwise attempt to derive the source code) the Educational Platform; (iii) remove a copyright, trademark or other proprietary right notice contained in or on our Educational Platform; or (iv) jeopardize the correct functioning of the Educational Platform or attempt to gain access to secured portions of the Educational Platform to which you do not possess rights.

You may not collect or harvest any personally identifiable information from the Educational Platform or from any Member’s profile nor use the communications system provided by the Educational Platform for any commercial solicitation purpose. You may not use the Educational Platform to generate unsolicited email advertisements or spam, or to conduct any illegal activity.

  1. RIGHTS TO CONTENT AND RESPONSIBILITY IN RELATION TO SUBMITTED CONTENT
  1. Rights to content

Our Educational Platform (including all text, photographs, graphics, video and audio content) is protected by copyright law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Educational Platform are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein or have obtained all rights to reproduce or display same. You must abide by all additional copyright notices or restrictions contained on our site.

4.2 Responsibility in relation to submitted content

This Educational Platform permits the submission of video, audio, textual and other content submitted by you and other Members and the hosting, sharing and/or publishing of such content. You understand that whether or not such content is published, we do not guarantee confidentiality with respect to any such content nor do we assume responsibility in the event that such confidentiality is breached.

You are responsible for the content of any information you put on the Educational Platform. We have no obligation to, and do not in the normal course, monitor, pre-screen, or control any Member content that is or becomes available on the Educational Platform. We reserve the right to review any such Member content that is or becomes available on the Educational Platform. We also reserve the right to refuse to post, to redact, edit or to move or remove any Member content that is, in our sole discretion, unacceptable, undesirable, or in violation of these Terms. However, we have no obligation to exercise our reservations of rights and are not responsible for any failure or delay in removing such material.

In connection with each of your submissions, you affirm, represent, and warrant that: 

  1. the content is your own original work or that you own or control the necessary rights to enable inclusion, distribution and use of the content in the manner contemplated by the Educational Platform and these Terms;
  2. you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms; and
  1. you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In furtherance of the foregoing, you agree that you will not: 
  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; 
  1. publish falsehoods or misrepresentations that could damage us or any third party; 
  2. use the Educational Platform or any content therein in an manner to harm minors in any way; 
  3. impersonate any person or entity; or
  1. submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; 

Unless you enter into a separate written agreement with LEARN and its partners and affiliates, we do not claim ownership in the content you submit; however, by submitting the content to us, you hereby waive any and all moral rights in connection with such content and you automatically grant us a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, create derivative works of (including without limitation, to rename, edit, shorten, if video, split the videos into different segments, and the entire content or segments thereof), publish, transfer, transmit, publicly display, and publicly perform the content on, through or in connection with the Educational Platform (including advertisement and promotion thereof) in any media formats and through any media channels, or for any other non-commercial use of your content.

You also hereby grant each Member of the Educational Platform a non-exclusive licence to access your shared content through the Educational Platform, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display, and publically perform such content (in whole or in segments) as permitted through the functionality of the Educational Platform for bona fide non-commercial educational use and under these Terms. You hereby represent and warrant that all such shared content is an original work which you have authored or for which you have obtained the necessary licenses, rights, consents, and permissions to use such content for non-commercial educational use. You hereby hold LEARN and its partners harmless for any uploaded content that violates any intellectual property rights and acknowledge that LEARN is in no way responsible for any uploaded content.

For the purposes of clarity, non-commercial education use is intended to refer to educational materials used for classroom teaching purposes, distance learning, slides and presentations, exams and other testing, the creation of new works, printing copies for students, the online display through a secured site such as an intranet portal or a site which is password protected.

We do not endorse any Member content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection therewith. Opinions on the Educational Platform are not to be construed as assertions of fact. Member content on the Educational Platform may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. By using this Educational Platform, you expressly relieve us from any and all liability from your use of any third-party website.

Your content will remain on the Educational Platform until such time as you remove or delete such content. When you do remove your content, the license described above will automatically expire within a commercially reasonable time after you remove or delete your content from the Educational Platform.

4.3 Removal of Content

We do not permit copyright or any intellectual property infringement. If properly notified pursuant to Section 6 below, we reserve the right to remove submissions without prior notice.

We further reserve the right to decide whether Member content is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such content and/or terminate a Member’s access for uploading such material in violation with these Terms at any time, without prior notice and at our sole discretion.

  1. DISCONTINUATION OR SUSPENSION OR TERMINATION OF USE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Educational Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of same. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that we, in our sole discretion, believe to be in our and our Member’s interest.  

  1. COPYRIGHT INFRINGMENT

We respect the intellectual property rights of others. We require that information posted by our Members be accurate and not in violation of the intellectual property rights of third parties. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us immediately at   on2learn.info@learnquebec.ca by mail:

Take-down notice

LEARN

2030 Dagenais W.

LAVAL, QC

CANADA H7L 5W2

  1. DISCLAIMER

The Educational Platform and the content thereon are provided on a “as is” basis without warranties of any kind, whether express or implied, including without limitation warranties of title, merchantability, non-infringement or fitness for a particular purpose. There may be delays, inaccuracies, and interruptions in the information and content available on our Educational Platform.

Although we intend to take reasonable measures to ensure the prevention of destructive rogue materials such as computer viruses, worms, “Trojan horses”, time-bombs or any other like rogue material, we do not in any way guarantee or warrant that such may not be downloaded while using our Educational Platform. As such, you acknowledge that we are not liable for any damage or harm attributed or caused by such rogue material. You further agree not to post, transmit, or make available in any way through the Educational Platform any software or other materials that contain rogue materials.

  1. RELEASE AND INDEMNITY

Your use of our Educational Platform is at your own risk. You acknowledge that when using our Educational Platform, you will be exposed to content submitted by other Members of the Educational Platform (“Member Submissions”), and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. Though we expect all users to adhere to our Terms, you understand and acknowledge that you may be exposed to Member Submissions which are inaccurate, offensive, indecent or objectionable. We take no responsibility for your exposure to content which violates our content policies. As such you hereby release and waive any legal or equitable rights and remedies you may have against us with respect thereto, and agree to indemnify and hold harmless LEARN and its partners and affiliates and any of their respective directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation endured or caused with regards to these Terms or any breach by you of your representations and warranties hereunder.

  1. COMPELLED DISCLOSURE

You understand that we may be compelled by order of a court of competent jurisdiction or from a law enforcement or government agency to disclose your personal and private information including your IP address, username, name, IP location or other information. You agree in the event we receive such an order or request we shall comply with same without your consent or prior notice.

  1. PRIVACY POLICY 

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy by clicking Link to come [

11. GOVERNING LAW

These Terms shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and you agree to irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal in the event of any conflict without regard to conflict of laws principles.

  1. INTERNATIONAL USE 

We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access this site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.

  1. WAIVER AND SEVERABILITY OF TERMS

Our failure to exercise or enforce any right or provision contained in these Terms shall not constitute waiver of such right or provision. If any said provision be found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intent of the provision in question, and the other provisions herein shall remain in full force and effect.

  1. GENERAL
  1. Language

These Terms will be governed by and interpreted in the English language pursuant to the laws of the province of Quebec and the laws of Canada applicable therein. In the event of a conflict between the English and French version of these Terms, you agree that the English version shall prevail.

  1. Amending the Terms

We reserve the right to change the Terms and will provide you notice if we do and we agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using our Educational Platform.

  1. Agreement

BY CONTINUING TO USE OUR EDUCATIONAL PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.