User Terms and Conditions of Use
This User Terms of Service (the “UToS”) is entered into by and between iCONS – Innovative Consulting Srl, an Italian corporation (“iCONS”), and the user of Badges platform, “User”. As used herein, “User” or “you” refers to the person or entity accessing, downloading or using the Badges System by means of a user account or who is issued a Credential by Issuer. iCONS® and User may be referred individually as a “Party” and collectively as the “Parties.”
By accessing, downloading or using the Badges System, you agree to be bound by this UToS. You may wish to print or save a copy of this UToS for your records. iCONS may modify these UToS or its Privacy Policy from time to time. If iCONS makes material changes to it, we will provide you notice through the UToS, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of the Badges System after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. You can review the most current version of these UToS at any time at the URL for this page (https://www.innovativelearning.eu/it/termini-di-utilizzo-badge).
The “Badges System” is a proprietary software as a service platform belonging to iCONS that can be used to create, manage, and display Credentials, including related hardware and software (including APIs), third-party software, or systems, including all updates, modifications and enhancement thereto. A “Credential” is a digital representation of an achievement issued to a User by Issuer. Credentials include an image and metadata describing the achievement and may include supporting evidence and related information. An “Issuer” is an individual or organization with an Issuer account on the Badges System.
To use the Badges System, you agree that: (1) your User account on the Badges System must be in your real name; and (2) you are not already restricted by iCONS from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others.
You will have the option of making your profile publicly accessible. Publicly accessible profiles will show your first name and last name. You will also have the ability to display your earned Credentials publicly.
a) In registering for the Badges System, you agree to: (1) provide true, accurate, current and complete information about User as prompted by the Badges System’s registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iCONS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iCONS may suspend or terminate your account and deny you access to the Badges System.
b) You are fully responsible for all activities that occur under your account. You agree to try to choose a strong and secure password and keep your password secure and confidential. You may not share your password with anyone. You agree to notify iCONS immediately of any unauthorized use of your password or account or any other breach of security. You are responsible for anything that happens through your account unless you close it or report misuse.
c) iCONS may remove your Credentials if 1) you violate this UToS, or 2) a legal tribunal orders that iCONS remove the Credential or data relating to you, or 3) you request that the Credential be removed from the Badges System.
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Issuing and Receiving Digital Credentials
a) You acknowledge and agree that the Issuer of a Credential is solely responsible for the criteria for issuance of a Credential, and any dispute relating to the issuance or receipt of a Credential must be resolved solely between the Issuer and the User. Issuers may revoke a Credential from the User for any reason, and without notice. iCONS is not responsible for the validity or veracity of any Credential issued by an Issuer. iCONS may collect fees from Issuers.
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Restrictions on Your Use of the Badges System
a) iCONS may immediately discontinue your access to the Badges System if the User violates these terms.
b) iCONS may immediately remove any Credential on the Badges System that contains, consists of, or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. iCONS may also immediately remove any Credential that is alleged by a third party to infringe or violate any of that third party’s intellectual property rights or rights of publicity until iCONS has determined that the third party’s allegation has been resolved.
c) You may not access, use or view the Badges System for any purpose other than to manage your Credentials. You agree that you will not:
a) Create a false identity on Badges, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b) Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c) Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d) Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of iCONS;
e) Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
f) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the Credentials of others without their permission.
g) Violate the intellectual property or other rights of iCONS, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “iCONS” or our logos in any business name, email, or URL.
h) Post anything that contains software viruses, worms, or any other harmful code;
i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Badges System or any related technology that is not open source;
j) Imply or state that you are affiliated with or endorsed by iCONS without our express consent;
k) Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Badges System or related data or access to the same, without iCONS’ consent;
l) Deep-link to the Badges System for any purpose other than to promote your profile on the Badges System, without iCONS’ consent;
m) Use bots or other automated methods to access the Badges System, add or download contacts, send or redirect messages;
n) Monitor the Badges System availability, performance or functionality for any competitive purpose;
o) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Badges System;
p) Overlay or otherwise modify the Badges System or its appearance (such as by inserting elements into the Badges System or removing, covering, or obscuring an advertisement included on the Badges System);
q) Interfere with the operation of, or place an unreasonable load on, the Badges System (e.g., spam, denial of service attack, viruses, gaming algorithms);
r) Attempt to access or derive the source code or architecture of the Badges System or Website; or
s) Access the Badges System by any means other than through the interface provided by iCONS.
d) iCONS shall have the right to monitor and review any information transmitted or received through the Badges System. iCONS reserves the right to take reasonable action to remedy a violation of this UToS.
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Responsibility for content
a) All Credentials, information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that User is responsible for all Content that User uploads, post, e-mail, transmit or otherwise make available through the Service (“User Content”).
b) iCONS has no obligation to pre-screen Content (including, but not limited to, User Content), although iCONS reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the foregoing, iCONS shall have the right to remove any Content, including but not limited to, iCONS Content that violates this UToS or that it deems objectionable.
c) iCONS shall not be responsible for any hardware, software, or networks outside of the control of iCONS.
a) By using the Badges System, You agree to be bound by the iCONS Privacy Policy, available at https://www.innovativelearning.eu/privacy-policy.html. You also consent to iCONS’ processing of Your personal information for the purposes of hosting, displaying, and managing Usedr’s digital credentials.
b) The Badges System will allow you to share your Credentials on certain third-party websites and applications, including social media. iCONS will not transfer your personal information to third parties without your consent. iCONS may collect fees from third parties for information transfers that you have consented to. c) You agree that we will provide notices and messages to you in the following ways: (1) within the Badges System, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.d) Intellectual Property
a) iCONS reserves all of its intellectual property rights in the Badges System. Using the Badges system does not give you any ownership in any iCONS intellectual property or the content or information made available by iCONS or through the Badges System. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. iCONS, iLEARN, and other iCONS trademarks, service marks, graphics, and logos used in the Badges System are trademarks or registered trademarks of iCONS.
a) iCONS warrants that the Badges System will work in accordance with its intended purpose. EXCEPT AS EXPRESSLY PROVIDED HEREIN, iCONS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND iCONS EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. iCONS does not warrant (i) uninterrupted or error-free operation of the Badges System or (ii) that iCONS will correct all defects or prevent third-party disruptions. The warranties hereunder will not apply if there has been misuse, modification, damage not caused by iCONS, failure to comply with instructions provided by iCONS, or if limited by an Order Form. User is responsible for determining its compliance with applicable laws and regulations and iCONS makes no warranty or representation regarding User’s compliance therewith.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ICONS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ICONS AND ITS AFFILIATES (AND THOSE THAT ICONS WORKS WITH TO PROVIDE THE BADGES SYSTEM) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF ICONS AND ITS AFFILIATES (AND THOSE THAT iCONS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, euro 500.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ICONS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF iCONS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Severability. If any provision of this UToS is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this UToS will remain in full force and effect. Any provision of this UToS held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Waiver. We reserve all rights not expressly granted to you. No failure or delay in (i) exercising any right or remedy; or (ii) requiring satisfaction of any condition under this UToS, and no course of dealing between the parties, operates as a waiver or estoppels of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. The rights and remedies of the parties set forth in this UToS are not exclusive of, but are cumulative to, any rights or remedies now or subsequently existing at law, in equity or by statute.
Feedback. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
Assignment. User may not assign or delegate any right or obligation under this UToS, by operation of law or otherwise, without the prior written consent of iCONS. iCONS may assign or delegate any right or obligation under this UToS, by operation of law or otherwise, without User’s consent.
Choice of Law and Forum. This UToS and the relationship between User and iCONS shall be governed by the laws of Italy. Any action, proceeding, controversy or claim between User and iCONS arising out of or relating to this Agreement shall be brought in the Court Monza (MB), and each party hereby submits to the personal jurisdiction of such court with respect to such actions.
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