Términos y Condiciones
(20 February 2017)
The use of WeSchool is conditioned to the express acceptance of the terms and conditions as set forth below (hereinafter the “Terms and Conditions”). By accepting these Terms and Conditions, a contract is concluded between Oilproject Srl (hereinafter “Oilproject”) and You, the “User”, concerning the Service as defined below.
Any waiver of these Terms and Conditions shall be subject to the prior written consent of Oilproject.
Placing a flag on the box “I have read and I accept the Terms and Conditions of the Service”, constitutes an online acceptance. By flagging the acceptance box, You are confirming for all purposes that You have read and understood the following document and completely and unconditionally agree on its contents.
Subject to these Terms and Conditions and our policies (including the Acceptable Use Policy), we grant You a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download and/or stream part of the content from our Services only for your personal, non-commercial use and You may do so only using the links and technologies provided within the Website. Any different use of the content and of the Website, including commercial use, is strictly forbidden, without the written permission of Oilproject.
You also agree that You will create, access, and/or use only one User account which will be registered in Your true name and identity and with Your true and accurate data, and you will not share with any third party access to or access information of Your Account. The usage of our services does not give You ownership of any intellectual property rights in our Services or the Content You access through our Website.
You may use our Services only if You or your organization can form a binding contract with Oilproject and/or if You are specifically authorized to do so, as detailed below, by an adult which shall be held liable for Your behavior on the Website, and, in any case, only in compliance with these Terms and Conditions and all applicable laws. When You create Your Account, and subsequently when You use certain features, You must provide us accurate and complete information, and You agree to update Your information to keep it accurate and complete. Any use or access to the Website by anyone under the age of 13 is prohibited. Minors, of age between 13 and 18 y.o., shall get their parents/legal wardens to read these terms and conditions and agree to them.
To the extent of these Terms and Conditions, the following definitions apply:
“Content”: Posts, Boards, Tests and/or any other contents which can be uploaded by a Teacher or by a Student. Users can upload (in particular, but without limitations to) the following Contents: Web pages, DOC, DOCX, ODT; XLS, XSLX, ODX and HTML files, PNG, GIF and JPEG image files, YouTube and Vimeo videos, files hosted on Dropbox, Google Drive, OneDrive and Instagram, WeSchool Exercises, Google Maps, Videos and Texts provided by Oilproject. Contents can be public, as web pages, YouTube Videos, Instagram, or private, as attachments sent by a User profile through his/her own computer or other devices or accounts;
“File hosting service”: a third-party internet hosting service, such as (but not limited to) Dropbox, GoogleDrive, Onedrive, used by Users to host files shared through the Website. It allows Users to upload, download, modify and share files that could then be accessed over the internet from any kind of internet connected devices, by the same User or by other Users. It is understood that a third-party file hosting service might be subject to specific terms and conditions by the provider of the particular service;
“Flag”: mark affixed electronically on a checkbox placed before the option to which the User consents;
“Group”: a group of Users, who can all access the same Boards and Contents, otherwise not accessible to other Users;
“Instant mode”: the real time execution of certain Tests, offered to all members of a specific Group;
“Board”: is a collection of Contents displayed in a section of the Website where Users are involved in the study of one or more specific topics;
“License”: the right to use the Website, there are two different types of License as set forth in the Chapter 5 of this document.
“Organization”: a public or private institution, which can buy a number of Activation Codes for its Students and Teachers;
“Server”: the Service infrastructure, located in Dublin (Ireland) at Amazon Web Services (AWS) ran by Amazon, where the data is stored. The data are not backed-up directly by Oilproject but only by Amazon;
“Service”: means the service provided by Oilproject S.r.l., enrolled in Registry of Enterprises of Milano (ITALY), with no. REA 1946066, VAT code: IT07236760968, having its registered offices at Via Guido Reni, 42 – 20133 Milano (Italy), (“Oilproject”), through the Website, and consisting in a digital learning platform, available to any devices connected to the internet, where Users can share their interests and knowledge;
“Social network”: the website or online service, such as (but not limited to) Facebook, Google+ and LinkedIn, that facilitates the communication between online communities of people with common interests, and using a website and/or other technologies to communicate with each other and share information, resources, etc;
“Student”: the Account of a User who joins a specific Group created and/or managed by a Teacher, and can therefore attend Boards and access User Contents provided by other Users therein. An Account used in Student mode has the same features of one used in Teacher mode; some of its features might however be specifically limited, with regards to its participation to a Group and/or a Board;
“Teacher”: the Account of a User who creates and/or starts managing one or more Groups, and can therefore create Boards, post User Content and contribute to the tuition of other Users;
“Test”: Content, displayed in a section of the Website (i.e. Exercises, Test, etc.) created by a User who is a Teacher in a Group, and published in the same Group to the benefit of Students. All Tests can be performed in Instant mode;
“User”: a person duly registered to access the Service provided by Oilproject through the Website. A registered and confirmed User can (i) create a Group or (ii) accept or decline the invite to the Group. If a User creates a Group, he/she can invite other Users as Teachers or Students therein.
“User Generated Content”: original custom content created by Users, such as posts, comments, learning material, Boards, homework, quizzes, exams, and other assignments, which can be uploaded, posted and shared on various areas of the Website and/or uploaded on third-party hosting services;
“Wall”: a virtual notice board, available to Teachers and Students of a single Group where Users part of the relevant Group can post and view various comments and notices about the relevant topic and/or Group;
“Website”: the website at the address http://www.weschool.com/.
2. Description of Weschool – Account functionalities
2.1. Weschool is an online classroom collaboration solution which consists of an integrated set of interactive online services that provide its Users with tools and resources to support and enhance education and tuition, by unifying lectures and practice, technology and content.
2.2.When using the Service, each User can be a Teacher or a Student, within one or more Groups.
It is understood that a User can be a Teacher or a Student in any of the Groups he/she creates and/or he/she is invited to join.
2.3. The User, once registered and confirmed as provided in these Terms and Conditions, is allowed to use the platform as follows:
- he/she can create a Group. As creator, he/she can invite to the Group other Users (as Teachers or as Students); he/she can also modify the settings of the Group and information;
- he/she can accept or decline an invitation to join a Group as Teacher or Student. It is understood that being a Student in a certain Group is no impediment to be a Teacher in a different one;
- he/she can modify the information provided during the registration, as set under Section 3 of these Terms and Conditions (“Account Registration”), as well as some of the private settings related to his/her Account;
2.4. When part of a Group, a Teacher is allowed to enact, by way of non-exhaustive example, the activities described below:
- he/she can create, read, update, delete his/her posts on the Wall;
- he/she can read and delete posts created by others on the Wall;
- he/she can create, read, update and delete deadlines;
- he/she can create, read and delete comments to posts.
- he/she can create, read, update and delete a Board;
- he/she can change the status of a Board (open or closed), add a deadline to a Board, accept or refuse any suggestions by Students therein;
- he/she can create, read, update and delete a Test.
2.5.When in a Group, a Student is allowed to use the Website, by way of non-exhaustive example, for the activities described below:
- he/she can create, read, update, delete his/her posts on the Wall;
- he/she can read the posts create by others;
- he/she can read deadlines;
- he/she can create, read, update, delete his/her own comments to posts;
- he/she can read comments posted by other Users to posts;
- he/she can read changes in the status of a Board (open or closed), read a deadline to a Board, modify a Board, send suggestions for content to be added to a Board;
- he/she can take the Tests published in the group. It is understood that Tests are created by Users at their own discretion and at their sole responsibility. Oilproject shall not monitor all the Tests published on its Website and/or within specific Groups, and therefore offers no guarantee on its contents. However, Oilproject reserves each and every right to remove a Test, should it deem appropriate to do so, for any of the reasons described in these Terms and Conditions.
3. Account Registration
3.1. In order to use the Service, the User needs to create his/her own Account by registering on the Website; this can be done by filling out the registration form and providing all the required information, including a valid e-mail address.
3.2. Each Account is associated to a single email address and to a single individual. It is therefore forbidden to use a single email address to create multiple Accounts. It is also forbidden for an individual to create multiple Accounts. Oilproject does not allow registration through temporary and/or disposable email addresses such as: Mailinator, Mintemail, Temporaryinbox, etc.
3.3. Once the registration procedure is terminated, the system shall send a confirmation e-mail, to verify and activate the relevant Account. The e-mail shall contain a link the User shall have to visit, in order to confirm the e-mail address provided to activate his/her Account.
3.5. Access to the Users Account, will be allowed by entering the registered e-mail and password, therefore login details must remain confidential at all times.
3.6. The User agrees to: (a) provide true, accurate, current and complete information about his/herself as prompted by the registration form to the Service, and (b) maintain and promptly update the Registration Data to keep the information true, accurate, current and complete, (c) immediately inform Oilproject of any unauthorized use of the Account or any other breach of security.
3.7. The use of the Account is personal and the User is solely responsible for any incorrect use of it, as well as for any false or inaccurate information provided to Oilproject and/or to the other Users.
3.8. Account registration is forbidden for minors under the age of 13.
Minors of age between 13 and 18 y.o. shall read these terms and conditions with their parents/legal wardens and proceed to register with their agreement.
4. Account Verification Procedure
4.1. The User is the sole responsible for the data he/she provided for the use of the Services of the Website. Oilproject undertakes no obligation to verify the data provided by the User for the purposes of registering an Account.
4.2. Oilproject reserves in any case each and every right to suspend or terminate one or more User Accounts, if it finds or even just suspects that provided information might be false, inaccurate, not updated or incomplete.
4.3. Users expressly acknowledge that Oilproject shall not be liable for any loss or damage which might arise from the User’s failure to comply with these Terms and Conditions and/or from the abuse of the Service provided by the Website.
4.4. By accepting these Terms and Conditions, the User guarantees, under his/her sole responsibility, that he/she does not already have an Account on the Website, and that all the information he/she provides during the registration process are true and accurate.
4.5. The responsibility of Oilproject in relation to the Account security shall be limited to providing the User with the verification procedures mentioned in this document and with the unique set of credentials to access to the Service and his/her Account.
4.6.Oilproject shall not be liable for improper use of the Account and/or of the Service by the Users or by any third parties which should in any case come into possession of User credentials.
4.7. Registered Users expressly undertake to promptly warn Oilproject about any abuse, loss and/or theft of their login details, as well as about any improper/illegal use of their login details made by other Users and/or third parties.
5. Types of License
A License is a limited, personal, non-exclusive, non-transferrable, revocable right to use the Website. There are two different types of licenses. Every Account is associated with one, and only one, of the following types of licenses, depending on the characteristic of the User to whom the Account is registered:
- Educational License, that is the limited, personal, non-exclusive, non-transferrable, revocable right to use the Website that is granted, for free, to all Users who belong to a not for profit educational institution or organization, such as, but not limited to: public Primary and Secondary Schools and not for profit private Schools.
- Business License, that is the limited, personal, non-exclusive, non-transferrable, revocable right to use the Website that all Users, with the sole exception of those who have been granted the Educational License, must purchase for a certain period of time from Oilproject, by means of a valid contract. The right can be purchased in single solution by the individual User or through the Organization he/she belongs to.
It is understood that regardless of the type of License associated to the Account, these Terms and Conditions apply in full, except when otherwise specified.
6. Account Suspension and/or Removal by Oilproject
6.1. Oilproject reserves the right to suspend and or remove one or more User Accounts, without prior notice and at its sole and absolute discretion, if and when it deems appropriate to do so, in the event, by way of example and without limitation, that any breach of these Terms and Conditions has occurred, in case any insulting or defamatory Content and/or Content in breach of applicable law and/or capable of causing damage to Users and/or third parties have been published on the Website, or, in any case, where Oilproject has any detailed news of improper/inappropriate or violent behavior during any interaction between Users, which might directly or indirectly derive from use of the Service.
6.2. The use of an Educational License, when Users does not qualify for it, is a violation of these Terms and Conditions and shall result in the immediate suspension/removal of the Account lacking a valid contract between the User’s organization/company and Oilproject.
6.3. Suspension/removal of the Account shall also be issued in any case of breach of applicable laws, including laws on intellectual property rights.
6.4. Any suspension/removal of a user Account shall be notified via e-mail by Oilproject to the relevant User
6.5. Oilproject reserves each and every right to remove User Accounts that are not used and/or accessed for over a year.
7. Account removal by User
7.1. The User can request removal of his/her Account at any time. It is understood that removal of a User Account may result in the removal of all its contents (save for Boards and User Generated Contents on the Website), in addition to the termination of the License associated with it.
7.2. As the contract between the User and Oilproject is concluded at a distance, and all Services of the Website are provided by Oilproject entirely by electronic means, the User expressly acknowledges that he/she shall have no right of withdrawal from the Contract. Therefore, a request for removal of a User Account and the termination of the associated License shall not entitle the User to any compensation and/or refund.
7.3. Account removal requests can be filed by sending an e-mail to Oilproject, requesting removal of the Account. Confirmation of the removal success shall be sent by email to the requesting User within ten working days from the receipt of the removal request.
7.4. Requesting Users understand that Account removal requests might not be processed instantly by Oilproject, in particular when economic transactions are still in progress and/or are suspended for any reason.
7.5. The removal of a User Account is free of charge. The User however expressly acknowledges that Account deletion is an irreversible process: Users requesting removal of their Account shall lose all contents (save for Boards and User Generated Content which had already been published on the Website) as well as any residual License time (if any) left for it.
8. User Generated Content policy
8.1. The Service allows Users to publish User Generated Content such as Boards, Tests and similar.
8.2.User Generated Contents can be uploaded and made available by Users from within Boards, or may be posted inside any other area of the Website where such operation is available. Whenever a User Generated Content is posted, it is understood that the User retains all its moral intellectual property rights, and therefore he/she acknowledges to be the sole responsible for the use, diffusion and contents of his/her creation.
8.3. It is understood that, each time You post, upload and/or publish in any of the ways available through the Website a User Generated Content, You grant Oilproject a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Generated Content, for the purposes set out by these Terms and Conditions. Nothing in these Terms and Conditions shall restrict other legal rights Oilproject may have with regard to User Generated Contents.
8.4.Oilproject reserves each and every right to remove and/or modify one or more User Generated Contents at any time and for any reason deemed appropriate, with respect to these Terms and Conditions and to all applicable laws and regulations (specifically including Copyright and Intellectual Property Laws and regulations).
9. Acceptable Use Policy
9.1. The Service is provided by Oilproject to promote a better access to culture and education. Oilproject strongly believes in preserving the right of free speech and expression for all its Users, its partner institutions and teachers. To do so, Oilproject wants to make sure that all its Users feel safe and comfortable while using the Service. Therefore, the following guidelines should be strictly respected, when using the Services provided through the Website.
9.2. Although it does not routinely screen or monitor Content provided by Users, Oilproject reserves each and every right of removing or editing Content or User Generated Content that is inappropriate or found to be in violation of these Terms and Conditions; for the above reasons, Oilproject might also suspend, disable and/or terminate a User’s access to all or part of its Services.
9.3. The User is prohibited from using the Services to share content that:
- Contains illegal Content or promotes illegal activities with the intent to commit such activities. You shall keep in mind that the Service is provided to Users who might be as young as 13 y.o., therefore Oilproject does not allow content that is inappropriate for Users under such age.
- Contains credible threats or organizes acts of real-world violence. Oilproject does not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others in any way. Oilproject encourages commentary about people and matters of public interest, but reserves each and every right to remove any abusive or otherwise inappropriate content directed to private individuals.
- Violates intellectual property, privacy, or other rights. Users are forbidden to share Content that they do not have the right to share, claim Content that they did not create as their own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. It is advisable to always attribute materials used or quoted during a board, to the original copyright owner(s).
- Spams others. It is strictly forbidden to share irrelevant or inappropriate advertising, promotional, or solicitation content.
Users are also not allowed, in particular, to:
- Access or attempt to access any other User’s Account.
- Share another User’s password, let anyone access their account, or do anything that might put their account at risk.
- Impersonate or misrepresent any affiliation with any person or entity.
- Do anything that violates local, state, national or international law or breaches any of their contractual obligations or fiduciary duties.
- Reproduce, transfer, sell, resell, or otherwise misuse any Content of the Service, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of the Website, unless specifically authorized to do so. Break or circumvent the authentication or security measures or otherwise test the vulnerability of the Website or networks, unless specifically authorized to do so.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use the Services to distribute malware, spyware, rootkits, viruses and other harmful content.
- Encourage any of the things on the list above, plus any other abusive behavior not expressly listed.
10. Intellectual Property Rights
10.1. The User warrants that User Generated Contents he/she published through the Website, are free of constraints of any kind of third parties and/or that such content does not infringe any rights of third parties.
10.2. Oilproject has no obligation to monitor Content posted on the Website, and shall not be liable for any use/misuse of Content made by its Users, nor will it be held liable in any way for third party claims on published contents.
10.3. Oilproject reserves each and every right to remove one or more User Generated Contents, Boards, Groups and/or User Accounts, should it receive evidence of any violation of Intellectual Property Rights enacted therein. It is also understood that Oilproject reserves each and every right of filing compensation complaints towards Users found in breach of any copyright and Intellectual Property Rights on the Website.
11. Third-party linked web sites and services
11.1. The Website may include links to third-party websites or other resources and services not provided or managed by Oilproject, such as, but not limited to: Social Networks, newspaper web sites and/or File hosting services.
11.2. Use of third-party services and/or File hosting services may be subject to additional specific terms and conditions, available through third-party suppliers and different from those applicable to the Website. For this reason, Users intending to use third-party services and/or File hosting services in connection with the Service provided by Oilproject through the Website are strongly advised to read the specific terms and conditions provided by the relevant third-party suppliers. Oilproject shall not be held liable for any loss or damage caused by use and/or incorrect use of a third-party service and/or File hosting service in connection with the Service provided through the Website.
11.3. Users accessing to third-party web sites linked to the Website do so exclusively at their own risk; Oilproject offers no warranties on the content of third-party websites, and shall not be held liable for any loss or damage caused by accessing to a third-party web site, linked to the Website.
11.4. The existence of links shall not imply the implicit approval of Oilproject of the linked sites or the products and services offered by third-parties. To this regard, Oilproject declines any and all liability for the content and function of any linked third-party web sites, for the availability of the corresponding resources or for the content published or in any other way obtainable.
11.5. Any relations, commercial transactions included, between Users and third parties shall be understood exclusively as taking place between User and the relevant third party, and shall not give rise to any liability of Oilproject.
11.6. Oilproject reserves the right to interrupt any link present on its Website at any time, if it deems appropriate to do so, at its own discretion and without any prior notice.
12. Data protection and Cookies
12.2. The use and processing of Users personal data is especially important for Oilproject, which undertakes to comply with all applicable laws.
13. Warranty Disclaimer and limitation of liability of Oilproject
13.1.Oilproject makes no representations or warranties of any kind regarding the Website and the Content therein (including User Generated Content). The Website and all its contents are provided in “AS IS” condition, and OILPROJECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM THE USE OF THE WEBSITE AND ITS SERVICES; (ii) THAT THE WEBSITE AND ALL ITS CONTENTS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE CONTENTS AVAILABLE THEREIN FROM TIME TO TIME, (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ITS CONTENTS AND (v) AS TO ANY PARTNER SITE OR ITS CONTENTS.
13.2.No advice or information, whether oral or written, obtained by You from Oilproject or through the Website and its contents will create any warranty not expressly stated herein. YOU USE THE WEBSITE AND ALL ITS CONTENTS AT YOUR OWN RISK, AND OILPROJECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION.
13.3. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Website or the Site Content, including any allegation or claim that Oilproject has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Website or the content therein. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM OILPROJECT OR ANY OF ITS PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR THE CONTENT THEREIN OR YOUR USE THEREOF, EVEN IF OILPROJECT OR ITS PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13.4. For the reasons stated in the above paragraphs, Oilproject shall not be held responsible for any interruption, suspension of the Service availability, nor for any of its malfunction.
13.5. In case of interruption, suspension or malfunction of the Service, Users shall not be entitled to any compensation and/or bonus.
13.6. Oilproject shall not be liable for any illegal use of WeSchool, the Website and/or its Services made by its Users, and furthermore reserves all its legal rights against Users who violate these Terms and Conditions an/or any applicable laws and regulations, including (but not limited to) Copyright and Intellectual Property Laws.
14. Updates to these Terms and Conditions
14.1. Oilproject reserves the right to modify these Terms and Conditions at any time and for any reason it deems appropriate, by posting the revised version on its website, at the URL http://www.weschool.com/a/terms-and-conditions.html
14.2. Users are required to regularly check the web site to find out the terms and conditions in force from time to time and, should they disagree with them, to timely request their Account cancellation, in accordance with the procedures described at art. 8 above.
14.3. The Terms and Conditions are fully valid and effective in the version published at the time of the dispute occurrence, regardless of the actual acknowledgment by the User.
15. Governing Law and Jurisdiction
15.1. This contract is governed by Italian law.
15.2. Any dispute arising from these Terms and Conditions shall be within the exclusive jurisdiction of the Court of Milan. The use of Service provided through the Website, since the act of first registration of a User Account, implies full and unconditional acceptance of this exception to the general Jurisdiction and Governing Law of the Contract.
16.1 If a translation in another language of these Terms and Conditions is provided, it is understood that the English version shall be prevalent.
17.1 You may contact Oilproject at the following address: email@example.com