Before getting started, please review the following terms. Please note that as a Buyer or Seller of content via the OpenSesame marketplace you must review and agree to separate terms. You will be presented with such terms at the time you either purchase courses or go through the process of adding content for sale via OpenSesame.
You understand and agree to the following:
- You must use a valid e-mail address and create a username during the registration process.
- You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
- You agree to let OpenSesame immediately know of any unauthorized use of your account.
- If you are less than 13 years old, you may not use OpenSesame. If you are between 13 and 17 years old, then you must have parental consent to use this service. By registering for OpenSesame, you are indicating that you have the capacity to understand these Terms of Service. OpenSesame will not be held liable for any loss or damage for non-compliance.
- You understand and agree that OpenSesame does not control, verify or endorse Courses unless explicitly stated.
- When registering with OpenSesame, you must provide, and maintain, accurate, current, and complete information about yourself.
- OpenSesame reserves the right to refuse the service to any user.
You can deactivate, or terminate, your account at any time and for any reason. OpenSesame can also deactivate, or terminate, your account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access the OpenSesame marketplace will cease to exist.
You warrant and represent to OpenSesame that you are: 1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or; 2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the OpenSesame marketplace; 3. You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these terms.
OpenSesame respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please flag the course on the relevant course page and select “copyright violation.”
These terms shall be governed in all respects by the laws of the State of Oregon, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Portland, Oregon and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid, then the remaining terms shall still be enforced. OpenSesame is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond OpenSesame’s reasonable control. Official correspondence must be sent via email to: firstname.lastname@example.org. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.
These terms, including Buyer and Seller terms that you may separately agree to as part of registering to do business with OpenSesame, represent the complete, entire, and exclusive understanding and agreement between you and OpenSesame. These terms supersedes all prior, written or oral, understandings or agreements.
If you purchase courses via OpenSesame from any Seller in the marketplace, you will be responsible to pay the fee associated with such courses and any applicable taxes. You agree to pay for all courses purchased through the OpenSesame system.
What You Are Buying
When you purchase a course, you are purchasing a non-exclusive license to use that course consistent with the purchased license type. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property, software and goodwill relating to the course will remain with the Seller. All course seats are sold for single person usage only and not to be broadcast, or otherwise shared.
If you choose to load course files in a third party delivery platform, such as a learning management system, it is your duty to load, categorize, and assign courses. OpenSesame’s implementation obligations end once such course files are made available for download.
You agree not to copy, record, edit or alter or otherwise interfere with the courses provided by the Seller. This shall include without limitation: a) not using recording equipment to record during playback of the courses; b) not overlaying the courses with other audio, video or images or distorting the quality of the training programs; and c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the courses.
You agree not to (or attempt to) interfere with or disrupt the proper operation of the Seller’s or OpenSesame’s software, hardware, systems or networks or courses, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious content.
You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular, you agree that you will not use the courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; or c) falsify the origin or source of any content or other material.
Your right to access and use the courses may not be assigned, transferred or sublicensed by you.
Any courses provided at no cost as part of a promotional program or the sales process may be removed or substituted at will.
Individual Course Purchase Licenses
When you purchase individual courses, or course bundles, users will have twelve (12) months from the date of purchase to access any individual course. Users will thereafter have twelve (12) additional months of access for such course(s).
Site License Purchases
When you purchase a site license an unlimited number of users, from an individual company (limited to a single Internet domain) may access the course for twelve (12) months from purchase (when the order is completed).
Pay Per Use Licenses
Courses purchased via a Pay Per User license (available via OpenSesame sales representative only) pay for courses that are accessed by users. Courses are deemed accessed when the greater of more than two (2) minutes or 50% of a course is taken.
OpenSesame Plus (Plus) Subscription Licenses
Single Plus purchasers may access an unlimited number of courses made available via the Plus subscription while the subscription fee, whether it be monthly or annual, is current. The Plus library is a specific subset of OpenSesame courses and is subject to change from time to time at OpenSesame’s discretion.
OpenSesame, and its Sellers, are not liable for, nor do OpenSesame and its Sellers warrant the courses provided by any Seller via the OpenSesame marketplace. OpenSesame and its Sellers disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, non-infringement, reliability, or availability of information or materials displayed on, or delivered via OpenSesame. You are responsible for conducting your own research before choosing a course. This is the case even in the event that you request assistance from OpenSesame in selecting courses. OpenSesame's cumulative liability for any claim will be limited to the fees received via the sale of courses over the preceding 12 months.
Course Substitutions and Refunds
OpenSesame retains the right to substitute substantially similar courses for those initially selected as necessary. OpenSesame also reserves the right to remove courses from the OpenSesame marketplace. In the event that a purchased course is removed, OpenSesame shall issue a pro rata refund of the purchase price for such course. OpenSesame generally reserves the right to cancel an order and refund your money for any reason, including the case where course pricing was published in error.
You agree, if requested, to supply your logo for inclusion on the OpenSesame website and printed marketing materials; to provide a customer testimonial for use on the OpenSesame website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing.