§ 1 ILAE Academy
(1) ILAE Academy, the ILAE learning platform, is
a copyrighted ILAE product.
(2) ILAE Academy offers participants web-based
learning materials for personal use exclusively.
(3) If you have any questions regarding this agreement,
please contact Priscilla Shisler at pshisler@ilae.org
§ 2 Copyright
(1) By using the ILAE Academy, you are accepting
this agreement and are expressly acknowledging that the ILAE Academy product range
comprises information, texts, software, pictures, videos, graphics, sound,
web-based trainings (WBT) and other materials (“ILAE Academy Products”) that are
protected by copyright, trademarks or patent rights and that copyright and exploitation
rights belong exclusively to ILAE or its licensors.
§ 3 Use of information and materials
(1) ILAE hereby grants you a limited,
non-exclusive and revocable license to use the ILAE Academy Products. This
right is non-transferable and is granted to you alone. You are authorized to
use, display, download and print out the ILAE Academy Products made accessible
to you by ILAE. This right refers only to personal, non-commercial use.
(2) You shall not duplicate, use, sell,
transfer, publish or otherwise make ILAE Academy Products available for other
purposes.
(3) Subject to ILAE’s review and express written
approval, you are permitted on an occasional and irregular basis to use small
parts of non-privacy sensitive learning material delivered (textbook, diagrams,
etc.) in seminar papers, papers and articles, provided that the provisions of copyright
law are observed. This consent is subject to the condition that each use of ILAE
Academy Products identifies ILAE as the formal copyright owner.
(4) The above permission does not include any privacy
sensitive material like EEG’s, video’s, MRI’s or other diagnostic images or any
other patient related materials falling under privacy protection regulations either
provided by the authors or by course participants.
(5) The above permission does not include postings
to news groups, mailing lists, electronic bulletin boards or other electronic
distribution channels outside the ILAE Academy environment.
(6) Please contact ILAE if you wish to use ILAE Academy
Products for purposes other than those mentioned here.
§ 4 Posting of materials
(1) I understand that due to US copyright law, I
will only post material that is:
a)
Taken from Epilepsia,
Epilepsia Open and Epileptic Disorders (the copyright for which is owned by ILAE).
b)
In the public domain
and free for all to use (e.g. works created by the U.S. Government).
c)
Originally created
by me for the pursuant to this Agreement.
d)
Created by me prior to
this Agreement, the Copyrights of which I already own.
e)
Free of all patient
identification information or identifiable features (in the case of
radiological images, graphs or videos).
(2) Additionally, I understand that I can upload
documentation of my completion of other educational activities, e.g.
certificates.
(3) ILAE will not make any materials uploaded
into your personal account, such as certificates or other learning materials in
connection with participation in educational activities of the ILAE Academy, public. As long as your account is current, ILAE will
archive your materials. Once your
account is terminated or deleted, your materials will be deleted from ILAE’s
archives.
§5 About this agreement
(1) This agreement can be viewed on-line under
the “User agreement” option on your personal log-in page.
(2) ILAE may amend any provision of this agreement
at any time, without notice. Amendments are effective as soon as they are published
on-line by ILAE. If you do not accept the amendments, you are required to
terminate your subscription to the ILAE Academy. By continuing to use the ILAE Academy
you are accepting the amended agreement and you are bound by the terms of the
agreement as amended.
§6 Changes to the product
(1) ILAE may alter or discontinue parts or certain
functions of the product at any time. ILAE can accordingly limit the use of and
access to ILAE Academy Products and the period and scope of use at any time. However,
ILAE will endeavour to keep downtimes to a minimum and to ensure that all the
functions are available at any time.
§7 Payment
(1) ILAE will render an account for private courses
for which fees are payable prior to accessing the course.
(2) In the case of default in payment, ILAE
shall be entitled to bar access to the course.
§8 Registration and password
(1) By using the ILAE Academy subject to the terms
of this agreement, you agree:
a)
That you will not
disclose your user ID and password to anyone. If you have knowingly supplied false
user information or if you deliberately do not update your user details if a change
occurs, or if you in any way breach any of the terms of this agreement, ILAE shall
be entitled to withdraw your user rights provisionally or permanently.
b)
You are responsible
for all use of the ILAE Academy that takes place by means of your user ID and password.
You must ensure that your user ID and password are protected from unauthorized use.
If you become aware of or suspect wrongful use of your access data, you must inform
ILAE without delay.
§9 Termination of ILAE Academy user rights
(1) Your ILAE Academy user rights and the right
to use ILAE Academy materials expires four weeks after the end of private courses
for which fees are payable.
(2) You can terminate your right to use ILAE Academy
Products at any time without stating the reasons, simply by notifying ILAE of
your decision.
(3) ILAE, at its sole discretion and without
notice, can suspend your access to the ILAE Academy Products in part or completely
or terminate your license to use the ILAE Academy Products altogether.
§10 Warranty and Limitation of Liability
(1) The ILAE Academy Products, ILAE Academy services,
information and materials are offered on an "as-is" and "as-available"
basis without warranty of any kind, either express or implied, including but
not limited to the implied warranties of merchantability, fitness for a
particular purpose, title or non-infringement.
(2) You expressly acknowledge that the ILAE Academy
Products, services, information and materials are used at your own risk. ILAE
does not warrant that the program functions will meet the user’s requirements
or that they will work together in the user’s chosen selection. Neither the manufacturer
nor the developer will be liable for any damage caused by use of the program.
(3) Neither ILAE nor its affiliates shall be
liable for any direct, incidental, consequential, indirect, or punitive
damages, whether under any contract, negligence, strict liability or other
theory, arising out of or in connection with: (a) your access to, or use of, ILAE
Academy; (b) the ILAE Academy Products; (c) any products, services, information,
activities, and/or materials available on or through ILAE Academy; (d) any breaches
of security involving ILAE Academy or your account, or any lack of availability
or operational problem of, ILAE Academy; or (e) any viruses or other code that may
affect your computer equipment or other property as a result of your use of ILAE
Academy.
§11 Notifications
(1) ILAE can use e-mail postings within the ILAE
Academy product or conventional letter post to send you notifications. Notifications
by ILAE shall be effective from the date of sufficient efforts by ILAE to reach
you. You can reach ILAE as described in Paragraph 1. Your communications to
ILAE are effective from the date of receipt of the communication by ILAE.
§12 Indemnification
(1) You agree to defend, indemnify, and hold
harmless ILAE and its Affiliates and all of their employees, agents, directors,
officers, proprietors, partners, representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs, and expenses (including
reasonable attorneys’ fees and litigation expenses), relating to or arising
from your use of the ILAE Academy, the ILAE Academy Products, any breach by you
of this Agreement, or any other matter for which you are responsible hereunder
or under law.
§13 General Terms
(1) Failure to insist on strict performance of any
of the terms and conditions of this User Agreement will not operate as a waiver
of any subsequent default or failure of performance. No waiver by ILAE of any
right under this User Agreement will be deemed to be either a waiver of any other
right or provision or a waiver of that same right or provision at any other
time.
(2) The validity, construction, and performance
of this User Agreement shall be construed in accordance with the laws of the District
of Columbia, U.S.A. Any disputes arising in connection with this User Agreement
shall be resolved in the federal and municipal courts serving Washington, D.C.,
U.S.A.
(3) If any part of this User Agreement is
determined to be invalid or unenforceable pursuant to applicable law, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most clearly matches the intent of the original provision and the
remainder of this User Agreement shall continue in effect.
(4) No joint venture, partnership, employment,
or agency relationship exists between you and ILAE as a result of this User
Agreement or your use of the ILAE Academy or the ILAE Academy Products.
(5) This User Agreement represents the entire
agreement between you and ILAE with respect to your use of the ILAE Academy and
the ILAE Academy Products, and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written between you and ILAE with respect
to the ILAE Academy and the ILAE Academy Products. Any rights not expressly granted
herein are reserved by ILAE.