Author Terms and Conditions
This agreement (the "Agreement") is a binding agreement between the individual or the entity identified in your profile and The World Continuing Education Alliance with company number 09625504 whose registered office is Unit 16 Sovereign Park, Hemel Hempstead, Hertfordshire, HP2 7DA.
This Agreement provides the terms and conditions of your participation in the WCEA Digital self-publication and distribution program (the "Program") and your distribution of digital content through the Program.
Agreement Acceptance. You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Program, or any part of it. If you don't accept the terms, you are not entitled to use the Program. If the course provider is an entity, the individual person who accepts this Agreement represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of the course provider and to binds them to the terms of this Agreement.
Agreement Amendment. The Program may change over time. We reserve the right to change the terms of this Agreement by emailing you notification of updated conditions.
Term and Termination. The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We may also suspend your ability to publish courses at any time with or without notice to you, for any reason at our discretion. Following termination or suspension, we may fulfil any customer orders for your courses pending as of the date of termination or suspension, and we may continue to maintain digital copies of your courses in order to provide continuing access to or re-downloads of your courses or otherwise support customers who have purchased or already worked on your courses prior to termination or suspension.
2/ COURSE DISTRIBUTION RIGHTS
Delivery, Acceptance, Withdrawal and Distribution
Delivery. Courses you desire to distribute through the Program is to be uploaded to the system. We will not return to you any electronic files or media uploaded in connection with the Program but when files are selected for deletion they will be removed from our system within 3 months. Electronic files are to be free and clear of viruses, worms and other potentially harmful or disrupting code.
Content Requirements. Your Courses must adhere to these content guidelines. Both WCEA and representatives of Education Portals provided by WCEA reserve the right to make judgments about whether content is appropriate and to choose not to offer it. We may also terminate your participation in the program if you don't adhere to these content guidelines.
Courses will be free of pornography or offensive depictions of graphic sexual acts or any other form of malicious content.
Courses will have no embed advertisements within any of the content.
Offensive content is content that can reasonably be discerned to have been uploaded with the purpose to cause offence.
Illegal and Infringing Content
It is your responsibility to ensure that your content doesn't violate laws or copyright, trademark, privacy, publicity, or other rights. Please note that just because content is freely available does not mean you are free to copy and sell it.
Public Domain and Other Non-Exclusive Content
Some types of content, such as public domain content, may be free to use by anyone or may be licensed for use by more than one party. It is your responsibility to ensure that you do not use any content that that is subject to another party’s copyright.
Poor User Experience
We have both our own internal procedures and utilize the reviews and decisions of third parties in order to maintain a good user experience in relation to the course that is published on the Portals. We reserve the right to remove your courses from any Portal at any time.
Course Rejection. WCEA and affiliated third parties are entitled to determine what content is accepted and distribute through the Program. If it is requested that you provide additional information relating to your courses, such as information confirming that you have all rights required to permit our distribution of the course, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize WCEA and third parties to make any inquiries considered appropriate to verify your rights to permit our distribution of the course and the accuracy of the information or documentation you provide with respect to those rights.
Course Withdrawal. You may withdraw your courses from the Program at any time. All withdrawals of courses will apply prospectively only and not with respect to any users who have purchased a course, or a license agreement under the Revenue Share Scheme, or started to use the courses prior to the date of removal. Where education has been purchased or started prior to the removal date the course will remain available to them for up to 3 months. Course withdrawal can be carried out through your own administration system or by email notification to firstname.lastname@example.org.
Pre and Post Publishing Reviews. You agree that your courses may be reviewed at no charge to the reviewer for the purposes of checking the content prior to adding to certain portals or when disputes arise in relation to the content.
Distribution. You agree that if this course is successfully reviewed the “Reviewer” can elect to publish this course on Education Portals under their administration. Courses that have been permitted to be added to the network may be selected and published on other Education Portals that have access to the network.
3/ CHARGING FOR COURSES
Charge Rate. You may set a price for the courses provided in countries where education is being distributed outside of the Revenue Share Agreement. If the education is uploaded on your behalf, the price applied will be the higher of any prices on your website or as directed by you in writing. Any sales transaction is carried out directly between you as the vendor and the user as the purchaser. You further agree that courses may be released to a purchaser once notification has been received that payment has left the purchaser’s account, regardless of if those funds have been transmitted to your account at that time. Errors in account details resulting in funds not reaching you as the vendor are not the responsibility of WCEA.
Payment Disputes. Payment disputes are solely between you as the vendor and the user as the purchaser of the course.
Discounted Courses. Where discounts are offered for courses the WCEA will make endeavors to ensure that discounts are correctly applied but take no responsibilities for errors in the calculation of discounts.
Course Commissions. Where notified to you, commissions may be applied to the sale of your courses.
Grant of Rights. Where the Organization has agreed to make courses available to other Education Portals (through the network). The Organizations grants WCEA, throughout the term of this agreement, the right to distribute courses to affiliated portals (where such permission was given when the individual course was uploaded). WCEA may use any metadata provided for the purposes of providing information on content to search engine such as, but not exclusively to Google.
Rights Clearances and Rights Dispute Resolution. You will obtain and pay for any and all necessary clearances and licenses for the course to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner.
Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to your delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; and (d) you will be solely responsible for accounting and paying any co-owners or co-administrators of any courses or portion there of any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable under this Agreement. To the fullest extent permitted by applicable law, you will indemnify, defend and hold WCEA, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defence and settlement of the claim or action with counsel of our own choosing.
Ownership and Control of WCEA Properties/ Feedback. Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your courses. Our use of the course will be subject to the terms of this Agreement. In the event that you elect to provide suggestions, ideas, or other feedback to WCEA or any of its affiliates WCEA and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
Limitation of Liability. The publishing of courses services are provided "AS IS." WCEA will in no event be liable for any loss of data, loss of Profits, cost of cover or other special, incidental, consequential, indirect, exemplary or reliance damages arising from or in relation to this agreement or for any equitable remedy of disgorgement or otherwise, however caused and regardless of the theory of liability. WCEA specifically disclaims, with respect to all services, software, content or products provided by or on behalf of us in connection with this agreement, all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Publisher acknowledges and agrees that WCEA cannot ensure that courses submitted by or on behalf of the publisher will be protected from theft, misuse or that customers will comply with any content usage rules WCEA may make applicable in connection with use of the course and WCEA will have no liability arising from a failure of any security system or procedure or of any customer to comply with any content usage rules. WCEA relies on complex systems and processes. WCEA strives to make our systems and processes error-free and efficient, but we cannot guarantee that they will be and we will have no liability arising from system or process failures, interruptions, inaccuracies errors or latencies.
Force Majeure. WCEA will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
Applicable Law. England and Wales.
Other Legal provisions. WCEA may assign any of its rights and obligations under this Agreement without consent.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement.
Last Updated: 27th June 2017