The following terms and conditions govern all use of the discuss.oca-student.com website and all content, services and products available at or through the website, including, but not limited to, discuss.oca-student.com Forum Software, discuss.oca-student.com Support Forums and the discuss.oca-student.com Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by Open College of the Arts (“OCA”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, discuss.oca-student.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by OCA (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OCA, acceptance is expressly limited to these terms. The Website is available only to OCA Students, Staff and Tutors.

1. Your discuss.oca-student.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify OCA of any unauthorized uses of your account or any other breaches of security. OCA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • the content does not promote extremism, or incite hatred of any kind. It is your responsibilty as a user of this forum to flag any content you suspect of falling into these categories, to then be reviewed by a Forum moderator;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OCA or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, OCA has the right (though not the obligation) to, in OCA’s sole discretion (i) refuse or remove any content that, in OCA’s reasonable opinion, violates any OCA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OCA’s sole discretion. OCA will have no obligation to provide a refund of any amounts previously paid.

4. Student and Tutor Access Term

General Terms

This forum is part of the OCA’s offer to its students and tutors. As such, when the student or tutor contract ends, access to this Forum will also end, either immediately or after a given term; e.g., in the case of OCA graduates.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by OCA under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of all Users (Netiquette)

OCA has not reviewed, and cannot review, all of the material, including images, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OCA does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OCA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

As a user of this Forum, you have a responsibility for its upkeep in order to ensure it is a useful and friendly environment in which to begin new discussions and engage in existing discussions between students and tutors. Such upkeep involves but is not limited to:

  • Following the OCA’s Netiquette Rules when using this forum (see below.)
  • Ensuring that any new topics you’re posting are not repeats of old queries (e.g. if you have a specific question, check to see if someone has asked it before, prior to posting the question again.)
  • If you mis-post a reply, you should attempt to delete it as soon as possible to reduce the potential negative impact on fellow students who may reply to your post.
  • Although you are free to delete your own posts, the frequent deletion of posts may lead to you being flagged by fellow students which may prompt moderation action if those deletions are deemed to have been made with malicious intent.
  • If you post a new topic that receives replies and you later regret posting that topic, please edit the text out of the topic rather than deleting it. You have rights over your own content, but not over others’.

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7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which discuss.oca-student.com links, and that link to discuss.oca-student.com. OCA does not have any control over those non-discuss.oca-student.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-discuss.oca-student.com website or webpage, OCA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OCA disclaims any responsibility for any harm resulting from your use of non-discuss.oca-student.com websites and webpages.

8. Copyright Infringement and DMCA Policy

As OCA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by discuss.oca-student.com violates your copyright, you are encouraged to notify OCA in accordance with OCA’s Data Protection Act obligations under UK and EU law. OCA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OCA will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OCA or others.

9. Intellectual Property

This Agreement does not transfer from OCA to you any OCA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OCA. OCA, discuss.oca-student.com, the discuss.oca-student.com logo, and all other trademarks, service marks, graphics and logos used in connection with discuss.oca-student.com, or the Website are trademarks or registered trademarks of OCA or OCA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OCA or third-party trademarks.

10. Advertisements

OCA does not display advertisements on this site. If you find anything which appears to be an advertisement, do not follow any links related to the advertisement, and immediately report the content to the college for it to be acted upon.

11. Attribution

OCA reserves the right to display attribution links such as ‘Powered by discuss.oca-student.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the discuss.oca-student.com toolbar may not be removed regardless of upgrades purchased.

12. Changes

OCA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OCA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

15. Limitation of Liability

In no event will OCA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OCA under this agreement during the twelve (12) month period prior to the cause of action. OCA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the OCA Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless OCA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

This document is CC-BY-SA. It was last updated 07/11/2016.

Originally adapted from the WordPress Terms of Service.