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Terms of Use

CPEP operates a group of social learning networks for students and educators. CPEP inspires students to share and explore knowledge in a collaborative community and engage in peer-to-peer educational assistance, which is made available on cpep.org (the "Website" are collectively the “CPEP Services”).

We have two sets of terms and conditions: Part A sets out the terms that apply to our users unless you are based in Europe and Part B sets out the terms that apply to our users in Europe.

It is important that you read and understand the terms that apply to you when you use the CPEP Services before using the CPEP Services.

PART A: TERMS AND CONDITIONS APPLICABLE TO USERS UNLESS YOU ARE BASED IN EUROPE


This part and the documents referred to within it set out the terms and conditions that apply to your use of CPEP Services if you access CPEP Services from within the United States or other countries except Europe (collectively, the "Terms of Use").

The Terms of Use, together with all agreements and policies expressly incorporated by reference ("Terms") constitute an agreement between you and CPEP that will govern your access and use of:
  • the CPEP Services,
  • all products, services, functionality, content, information, and other materials made available on, through, or in connection with the CPEP Services.

For the purposes of these Terms, "you" means the student who accesses or uses the CPEP Services. If you are a parent, guardian, or other person who enables a student to access or use the CPEP you agree to stand in the shoes of such student for the purposes of making us whole in case of claims, damages or indemnifications that we might properly assert against a student, if not for his or her age.

Acceptance of These Terms


Before accessing the CPEP Services, please read the following terms and conditions carefully as they form a binding legal agreement between you and CPEP. By clicking the "accept" or similar button or tick box or accessing the CPEP Services, you agree that you have read, understood, and agreed to these Terms and that you understand any personal information you provide may be handled as provided in our Privacy Policy. If you do not agree to these Terms, you must not access or use the CPEP Services.

By accessing or using the CPEP Services, you represent and warrant that you are of legal age in your jurisdiction and otherwise have the capacity to form a binding legal agreement with CPEP. These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. Use of the CPEP Services is void where prohibited. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

Children Under the Age of 13


The CPEP Services are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at https://cpep.org/index.php?do=feedback.

Your Use of the CPEP Services


Subject to your compliance with these Terms, CPEP grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the CPEP Services and any products, services, functionality, content, information, or other materials available on or through the CPEP Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this CPEP Services may only be available to Registered Users. Registered Users have the right to use the products, services and functionality provided by CPEP and the content and information published on the CPEP Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Registered User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights.

You agree to use the CPEP Services and any products, services, functionality, content, information, or other materials available on, through or in connection with the CPEP Services, only for lawful, personal, and informational purposes. You agree that you will not use any resource made available on the CPEP Services in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party; You agree not to copy, reproduce, distribute, display portions of, or link to the CPEP Services or any products, services, information, or other materials available on or through the CPEP Services, for commercial purposes without the prior express written consent of CPEP;

You agree not to post on or transmit onto the CPEP Services any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;

You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the CPEP Services or any products, services, information, or other materials available on, through or in connection with the CPEP Services, for information or to fill out forms on the CPEP Services, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and

You will not circumvent or attempt to circumvent any security or access control technology implemented on the CPEP Services or any products, services, information, or other materials available on, through or in connection with the CPEP Services, or any servers, network or associated systems or physical premises operated by or for the benefit of CPEP.

CPEP reserves the right to view, monitor, and record activity on the CPEP Services without notice or permission. We may monitor use to optimize the CPEP Services, understand what is of interest to visitors, and otherwise to enhance the operation of the CPEP Services, assure its availability, and prevent misuse of the CPEP Services. Any information obtained by monitoring, reviewing, or recording activity on the CPEP Services is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the CPEP Services. CPEP will comply with all court orders involving requests for such information.

User Content


You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the CPEP Services, including Questions or Answers (collectively, "Your Content"). Once you submit Your Content on the CPEP Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the CPEP Services. You acknowledge that you may expose yourself to personal liability by posting on the CPEP Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).

YOU ACKNOWLEDGE THAT THE CPEP SERVICES IS INTENDED TO PROVIDE HOMEWORK ASSISTANCE TO STUDENTS AND EXPRESSLY AGREE TO COMPLY WITH THE COMMUNITY GUIDELINES. CPEP RESERVES THE RIGHT TO MODERATE THE CPEP SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE CPEP SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU.

CPEP’s Right to Use Your Content


By posting Your Content on the CPEP Services you irrevocably grant CPEP worldwide, non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content, including, for example, your name, grade, school name or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.

Intellectual Property


The materials used and displayed on the CPEP Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of CPEP or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of CPEP.

The terms CPEP and cpep.org, and other CPEP trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of CPEP or its affiliates or licensors. You may not use such marks without the prior written consent of CPEP. All other names, logos, product and service names, designs, and slogans on the CPEP Services are the trademarks of their respective owners.

Digital Millennium Copyright Act


Since we respect content owner rights, it is CPEP’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the CPEP Services, please notify CPEP’s copyright agent by link at, https://cpep.org/index.php?do=feedback and DMCA Agent, with the following information required by the DMCA:

Your name, address, telephone number and e-mail address;

An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;

A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

A signature or the electronic equivalent from the copyright holder or authorized representative.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying CPEP and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CPEP’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable laws, CPEP has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. CPEP may also at its sole discretion limit access to the CPEP Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Content and Links


Some of the information or other materials available on or through the CPEP Services may have been prepared by third-parties not affiliated with CPEP, including other users. CPEP makes no warranties with regard to such information or other materials, nor does CPEP assume any responsibility or liability for any decisions based upon such information.

The CPEP Services may include links to websites and services not provided by CPEP. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. CPEP is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.

Security


Use of certain portions of the CPEP Services requires that you create and maintain a username and password (collectively "User Credentials"). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the CPEP Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.

Termination


CPEP reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the CPEP Services and/or any products, services, functionality, information, content or other materials available on, through or in connection with the CPEP and/or your access to some or all of them without cause and without notice. In the event that CPEP suspends or terminates your account.

Disclaimer of Warranties


YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

YOUR USE OF THE CPEP SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE CPEP SERVICES IS AT YOUR OWN RISK. THE CPEP SERVICES AND ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE CPEP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CPEP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. CPEP MAKES NO WARRANTY THAT THE CPEP SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE CPEP SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE CPEP SERVICES WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE CPEP SERVICES REGARDLESS OF WHETHER ANY INFORMATION OR CONTENT IS MARKED AS "VERIFIED".

Indemnification


You agree to indemnify and hold each of CPEP, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the CPEP Services harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the CPEP Services.

Assignment


CPEP expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of CPEP with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.

Applicable Law


These Terms will be governed by and construed in accordance with the laws of the State of New York, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms.

Waiver and Severability


No waiver by CPEP of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CPEP to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms are the complete and exclusive statement of the agreement between you and CPEP concerning the CPEP Services and/or any products, services, information, or other materials available on, through or in connection with the CPEP Services. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and CPEP.

Contact Us


If you have questions about these Terms, you may contact us by link https://cpep.org/index.php?do=feedback.

Changes to These Terms


CPEP regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the CPEP Services and your continued use of the CPEP Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the CPEP Services.

PART B - TERMS AND CONDITIONS APPLICABLE TO USERS IN EUROPE


This part and the documents referred to within it set out the terms and conditions that apply to your use of CPEP Services if you access CPEP Services in Europe (collectively, the "Terms of Use").

CPEP Services is operated by CPEP ("CPEP", "we", "our", "us") and includes the services made available on cpep.org.

By accessing and using CPEP Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not access or use CPEP Services.

Children Under the Age of 13


You must be 13 years or older to use CPEP Services.

Your Use of the CPEP Services


Your right to use CPEP Services is personal to you. This right is given to you solely for this purpose. It is also personal to you and you are not allowed to give this right to any other person

In addition to the other requirements within these Terms of Use, this paragraph describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").

You must only use CPEP Services for lawful and information purposes.

You agree that you have no rights in or to any portion of CPEP Services other than the right to use the CPEP Services in accordance with these Terms of Use.
You must not:
  • use CPEP Services other than for its intended purpose as set out in the Terms of Use;
  • copy any portion of CPEP Services;
  • give or sell or otherwise make available any portion of CPEP Services to anybody else;
  • change CPEP Services in any way;
  • interfere with any security related features of CPEP Services or features that prevent or restrict use or copying of the content accessible via CPEP Services;
  • give any information or permit another person to use CPEP Services under your name or on your behalf;
  • fake your identity or give the impression they are linked to us or to CPEP, if this is not the case;
  • use CPEP Services other than for its intended purpose as set out in the Terms of Use;
  • use CPEP Services if we have suspended your access to it, or have otherwise banned you from using it;
  • modify, interfere, intercept, disrupt or hack CPEP Services or collect any data from CPEP Services other than in accordance with the Terms of Use;
  • misuse CPEP Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the CPEP Services or the equipment of any user of CPEP Services; or
  • use any automated system, including, but not limited to, "robots", "spiders" or "offline readers" to access CPEP Services in a manner that send more request messages to CPEP Services than a human can reasonably produce in the same period of time.

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Use, and may result in our taking all or any of the following actions (with or without notice):
  • immediate, temporary or permanent withdrawal of your right to use CPEP Services;
  • issuing of a warning to you;
  • legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in clause 2.6.4 are not limited, and we may take any other action we reasonably deem appropriate.

User Content


You confirm that any images, text or information that you make available or create ("User Content") while using the Service will meet the Rules of Acceptable Use.

We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service (including allowing users that you give access to any User Content to view and use your User Content).

You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy (https://cpep.org/privacy_policy.html) which provides information on how we use your personal information.

We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

Intellectual Property


CPEP is the owner of all intellectual property rights in CPEP Services.

Third-Party Content and Links


The Service may, from time to time, contain links to and from third party services. If you follow a link to any of these services, please note that these services have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those services.

Security


To open an Account, you must register with us and set up an account with an ID and password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
When you create an Account, you must provide us with accurate and complete information.

You are responsible for maintaining the confidentiality of your login details and on any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at https://cpep.org/index.php?do=feedback straight away to let us know.

Ending Our Relationship


We may end your access or use of the Service for any reason as long as we give you reasonable notice that we plan to do this.

If you would like to delete your Account, please contact us at https://cpep.org/index.php?do=feedback.

Limitation of Liability / Our Responsibility to You


Unfortunately, due to the nature of the Internet and technology, CPEP Services is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of CPEP Services will be error-free.

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

We care about the security of our users. Whilst we work to protect the security of your posts and Account, CPEP cannot promise that unauthorised third parties won’t be able to defeat our security measures. So, please do keep your password secure.

Resolving Disputes


If you have a disagreement with us, in the first instance please contact us at https://cpep.org/index.php?do=feedback and attempt to resolve the disagreement with us informally.

In the unlikely event that we have not been able to resolve a dispute informally, we will get in contact with you to have a chat about the best way of solving the disagreement.

Changes to the Documents


We may revise these Terms of Use from time to time but the most current version will always be at https:/cpep.org//terms_of_use.html.

Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

Documents That Apply to Our Relationship with You


The current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you.

We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.

If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

Terms That Are Judged to Be Illegal


If any provision of these Terms of Use is judged to be illegal, this will not affect the continuation in full force and effect of the remainder of the provisions.

Law


English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

Contact, Feedback and Complaints


If you need to contact us in relation to these Terms of Use, you can contact us at https://cpep.org/index.php?do=feedback.

We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
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