Terms of Use
The following terms of use (hereinafter, the “Terms of Use”) set forth the terms and conditions for the use of the website ofcourse.me, as well as related subdomains (hereinafter, the “Website”), and any services offered through the Website (hereinafter, the “Services”).
The Website, any part of it, as well as any HTML code, algorithm, any other computer code contained in the Website and any relevant software, contents, text, graphics, scripts, links trademarks, logos, photographs, images data, information and/or any other materials included therein (hereinafter, the “Website’s Contents”) are owned by Black Swan s.r.l., an Italian limited liability company, with registered office at Via Guerrazzi 8, 20900 – Monza (Italy), registered with the Companies’ Register of Milano-Monza-Brianza-Lodi under no. 09991210965 (hereinafter, the “Company”).
Please read carefully these Terms of Use before surfing or using the Website and/or using our Services. By using our Services the user agrees to be bound by these Terms of Use and therefore accepts any and all terms and conditions set forth below.
- Services and users’ conduct obligations
- The Company has developed an online platform which allows users to get access, through the Website, to a catalogue of online contents that can be searched by users by categories or keywords.
- By using our Website users can do searches for categories or simple keyword searches and find thousands of online contents. Once our Website provides the search results, the user may get access to a description of each online content.
- If the user wants to access one of the online contents shown by our Website, it shall click on “go to content” and then will leave the Website and will be redirected to the website of the provider of such content (hereinafter, the “Content Provider”), where she/he can enroll into it and/or purchase the content and any other product offered by the Content Provider.
- Once the user leaves the Website, it will be redirected to the Content Provider’s website and any contractual relationship with the Company will immediately terminate. As soon as the user reaches the Content Provider’s website a contractual relationship with such Content Provider will be established. Therefore, any matter relating to the purchase and use of online contents, including – but not limited to – the payment of the purchase price and the features of such online contents, shall be regulated under the Terms and Conditions set forth by the Content Provider.
- No fees or other commissions will be paid by the user for the Services rendered by the Company.
- The user shall be responsible to pay to the Content Provider the purchase price of the online contents purchased.
- The user shall use the Website and/or any Services offered by the Company for the sole purpose of searching online contents (hereinafter, the “Permitted Use”). Therefore, the user agrees and undertakes not to use the Website and any Services offered by the Company for any purpose different from the Permitted Use, including – but not limited to – searching Company’s users, customers or partners.
- The user agrees not to, and not to assist or otherwise permit any other party to:
- access or use the Website for any purpose (including, but not limited to any commercial or advertising purpose), other than the Permitted Use;
- copy, record, reproduce, publish, transmit, distribute, share, encode, translate, modify or create derivative work, or make any other use of any Website’s Contents other than for the Permitted Use or any other purpose permitted under these Terms of Use;
- set any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Website’s Contents or any part thereof, and/or anyhow reproducing the structure or appearance of the Website or any Website’s Contents, or circumventing any copy-protection device in order to obtain any Website’s Contents;
- access any part, section or feature of the Website or any other system or network connected to the Website by resorting to hacking or any other unlawful technologies, tools or means;
- trace any data and information regarding any other user of the Website; and
- use any device, software, mechanism or any other technology aimed at interfering with the proper functioning of the Website.
The user acknowledges that the Company does not make any representations or warranties about the correctness, accuracy, appropriateness and functioning of the online contents, the links to the Content Providers’ websites and/or any Content Provider’s Contents (as defined below).
- Book a demo
Booking a demo is not required for using the Services.
If the user wants to receive information on the Services and other initiatives provided by the Company, he/she may provide contact details by filling in the “Book a demo” form.
In order to book a demo, the user shall provide his/her name, surname, Company name and a valid email address and/or phone number.
The user represents and warrants that any personal data and information of any kind are true, complete and correct and will be true, complete and correct at all times.
- Third party’s contents
- Any contents, text, graphics, scripts, links trademarks, logos, photographs, images data, information and/or any other materials concerning the online contents, other than the Website’s Contents, are and will be owned by the relevant Content Provider (hereinafter, the “Content Provider’s Contents”).
- The Company does not review any Content Provider’s Contents and has no control over (i) the features, qualities and appropriateness of any online content and/or other services provided by the Content Provider and (ii) any information included in or otherwise displayed on the Content Provider’s website. The user shall therefore read carefully the overview of the online contents available on the Website before purchasing any online content provided by any Content Provider as well as take all the necessary measures to protect his/her computer system from viruses, worms, Trojan horses, and other harmful or destructive content. The Company shall not be responsible for any damages arising out of the access and use of the Content Provider’s website as well as of any Content Provider’s Contents.
- In order to properly link Content Provider’s Contents we may use API services provided by the Content Providers themselves. The use of such API services implies that the users explicitly accept the Content Provider’s Terms of Service by using the application. Here below a list of the Content Providers, with related Terms of Service:
- YouTube (https://www.youtube.com/static?template=terms)
- contentra (https://www.contentra.org/about/terms)
- edX (https://open.edx.org/terms-of-use/)
- FutureLearn (https://www.futurelearn.com/info/terms)
- EduOpen (https://learn.eduopen.org/local/staticpage/view.php?page=EDUOPEN_terms_privacy&lang=en)
- Federica (https://www.federica.eu/termini-e-condizioni/)
- Udacity (https://www.udacity.com/legal/en-eu/terms-of-use)
- Udemy (https://www.udemy.com/terms/ufb/)
- Fisdom (https://www.fisdom.org/english/terms_of_service/)
- iversity (https://iversity.org/en/tos)
- Bitkom Academie (https://www.bitkom-akademie.de/agb)
- OpenHPI (https://open.hpi.de/pages/honor_code)
- EMMA (https://platform.europeanmoocs.eu/terms_and_conditions.php)
- Open vhb (https://www.vhb.org/rechtliches/)
- Pluralsight (https://www.pluralsight.com/terms)
- Skillshare (https://www.skillshare.com/terms)
- Others
- Limitation of liability
- The Website, the Website’s Contents and the Services are provided “as is” and “as available”. Except as expressly provided under these Terms of Use, the Company expressly disclaims any and all representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of accuracy, completeness, satisfactory quality, fitness for a particular purpose or reasonable care and skill. We will not be responsible or liable to you for any loss of content, data or other materials as a result of your use of the Website and the Services.
- To the maximum extent permitted under Italian law, the Company shall not be liable for any direct or indirect damage, whatever the cause, origin, nature and consequences thereof, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods, caused by the use of the Website, the Website’s Contents and the Services, or by the impossibility to use the Website, the Website’s Contents and/or the Services, or by any reliance on the Website’s Contents and/or any other information directly or indirectly made available through the Website.
- By using this Website, the user agrees that, in case of any dissatisfaction relating to this Website, any part thereof and/or any Services, the sole and exclusive remedy available to the user and to any third party shall be terminating the use of the Website and/or the Services.
- User’s liability
- The user shall be liable vis-à-vis the Company for any damaged caused as a consequence of the use of the Website, the Services any breach of any provisions under this Terms of Use.
- Intellectual property
- The Company’s name, trademarks, logos and domain names, including the “OfCourseMe” trademark and logos and the “www.ofcourse.me” domain, as reproduced in the Website and/or in any other brochures, leaflets and/or any other documents (both in hard or soft copy) or included in the Website’s Contents (hereinafter, the “Trademarks and other IP Rights”), whether registered, unregistered or under registration, in Italy or abroad, are property of or licensed to the Company by its licensor or sub-licensor, as the case may be. The user is not entitled to, and shall not, use the Trademarks and other IP Rights in any way and for any purpose, except where expressly allowed under these Terms of Use.
- Any company’s name, trademarks, logos and domain names, as reproduced in the Website and/or included in the Website’s Contents, other than the Trademarks and other IP Rights, whether registered, unregistered or under registration, in Italy or abroad, are property of or licensed to the Content Provider by its licensor or sub-licensor, as the case may be (the “Content Provider’s IP Rights”). The user is not entitled to, and shall not, use the Content Provider’s IP Rights in any way and for any purpose, except where expressly allowed under these Terms of Use.
- Privacy policy
- The Company shall treat user’s personal data in accordance with the privacy policy published on the Website and the provisions set forth under Legislative Decree dated June 30, 2003 no. 196.
- For further details, please refer to our privacy policy.
- Amendments
- The Company reserves the right, at its sole and undisputable discretion, to amend, change, modify or replace these Terms of Use in whole or in part without need to notify the users. The new Terms of Use shall be effective as of the date of their publication on the Website. Please visit this page of the Website periodically in order to check the publication of the most recent and updated Terms of Use. Any continued access or use of the Website and the Services following the publication of new Terms of Use imply the user’s full and unconditional acceptance of the new Terms of Use, including any terms and conditions included herein.
- Any improvements of the Website and/or any new Services that may be offered in the future by the Company shall be subject to these Terms of Use, unless otherwise specified by the Company.
- Communications
- Any communication or query from users to the Company with respect to the Website, the Services offered by the Company and these Terms of Use shall be sent by e-mail to the following address info@ofcontent.me or by registered letter with return receipt at the registered office of the Company.
Governing law and jurisdiction
These Terms of Use are governed by and construed in accordance with Italian law and any dispute between a user and the Company arising out of or in connection with the services, including those relating to the validity and/or interpretation of these Terms of Use shall be submitted to the exclusive jurisdiction of the Courts of Milan, without prejudice to any mandatory provisions of law applicable to these Terms of Use or any principles on conflicts of laws.