Terms And Conditions Of Use

1. Introduction

1.1. The Open University's Solid Pod Portal (https://solid.open.ac.uk) ('Site') aims to provide an environment to experiment with and research the concepts around the use of personal data stores (Pods). The Site is operated by The Knowledge Media Institute at the Open University ('we' or 'us') whose principal contact address is Milton Keynes, MK7 6AA, United Kingdom. This Site was created and is managed as part of an on-going line of research being conducted at Knowledge Media Institute at the Open University.

1.2. Your use of this Site is subject to these terms and conditions ('Terms'). Only those who accept these Terms are allowed to use to this Site.

1.3. To use this Site you must read and accept these Terms. if you chose to use our Site you accept that you are legally bound by these Terms. If you do not agree to be bound then please do not use this Site.

1.4.      We may update these Terms (including our Privacy Policy) from time to time. Changes will have immediate effect from the date of posting on this Site and you should therefore review these Terms regularly. Your continued use of this Site after changes have been made will be taken to indicate that you accept and that you are bound by the updated Terms.

1.5. The information and content provided on this Site has been provided in English, which is the home language of the Site.

2. Content and information

2.1.      If you are a Learner (badge recipient) coming from the Institute of Coding (IoC) badging website (https://instituteofcoding.open.ac.uk/badges/) to this Site, your IoC badges may have been stored to your Solid personal data store (Pod) on this Site on your behalf. You can take full control of your Open University Solid Pod account at any time from your IoC badge Portfolio page on the IoC badging website.

2.2.      If you have created an account on this Site or have taken control of the account created for you on this Site by the IoC badging website, then you are responsible for the content you upload to your Pod.

You must not upload any content or information to your Pod:

a.      unless you own or have appropriate rights to use the intellectual property rights subsisting in or relating to that content and information and unless you are sure that uploading the same does not infringe the rights (including but not limited to the intellectual property rights) of any other person or organisation;

b.      which is or could be considered defamatory, derogatory or in appropriate with regard to the OU, its customers or clients or any other person or organisation;

c.      which contains any confidential information about OU or another person or organisation (unless you have our permission or that of the other person or organisation);

d.      which contains any offensive, obscene or criminal content or any other content which may cause embarrassment to the OU, its customers or clients or any other person or organisation; and

e.      which contains any personal data about another person including (this list is not exhaustive) names, contact details and sensitive personal data (for example, information about an identified or identifiable individual's mental or physical health, racial or ethnic origin, religious or other beliefs). The Information Commissioner's website provides more guidance on what is personal data and sensitive personal data.

2.3.      We are not responsible for any content and/or information which upload onto the Site. We reserve the right to withdraw any such content and/or information without notice and at our sole discretion and to pursue any cause of action against you available to us under applicable laws.

3. Your personal information

3.1.      We store your name and email address given either by you when you register for an account on this Site or given by the IoC badging website, when it created an account on your behalf. We store this so that we can operate the Site and contact you when we need to about the Site. We will never pass these details on for marketing purposes.

3.2.      We use analytics on the Site, which captures information about its usage, to help us monitor and improve it. None of the information captured by analytics is personally-identifiable information - i.e., nothing that can identify you as an individual is stored.

For more details please read our Privacy Policy and Cookie Statement

4. Acceptable use and behaviour

4.1.      You may not use the Site for any unlawful purpose, or to infringe the rights of others on the site;

4.2.      You may not use the Site to harass, distress, or inconvenience any user(s);

4.3.      You must not do anything which may cause (whether on purpose or not) the introduction or spread of a virus;

5. Our and Third Party Proprietary Materials

5.1.      This Site also contains proprietary materials which are owned by or licensed to us and which are not subject to any use by users without permission from The Open University. These materials include our logos and trading names (e.g. The KMi logo, the Open university Logo etc.) and may include certain photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within this Site. These proprietary materials are protected by intellectual property rights. Unauthorised use of these materials may constitute intellectual property infringement.

6. Accuracy of Content and Information

6.1.      We are further not able to guarantee the accuracy of information contained on or available via this Site. You confirm that you have not relied on any such information and any arrangements made between you and any other person, using or named on this Site is entirely at your sole risk and responsibility.

6.2.      Information contained in or accessible via this Site changes on a regular basis. We may make improvements or alterations to this Site at any time and without notice.

6.3.      If any links to other websites appear on this Site we accept no responsibility or liability for the content of that website (whether under our control or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

6.4.      It is your responsibility to check the terms and conditions and privacy policy on any other website that you visit via links and embedded content.

7. Liability

7.1.      We will make reasonable efforts to ensure but do not guarantee that:

a.      use of this Site will be compatible with all hardware and software,

b.      use of this Site will be uninterrupted or error or virus free,

c.      use of this Site will deliver any specific outcome for its users, or

d.      defects will be corrected.

7.2.      You must take appropriate steps to ensure that you regularly check for viruses when using this Site on any device.

7.3.      We make no statement about the suitability of the content, information and services contained on, or accessed via, this Site. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.

7.4.      We further exclude to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any third party and arising out of or in any way connected with the use of this Site or its content, whether based on contract, tort, strict liability or otherwise.

7.5.      You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms.

Complete Agreement

These Terms, including the associated Privacy Policy and Cookie Statement, contain all the terms applicable to your use of the Site. Nothing contained on the Site is intended to be nor should be construed as an offer by us to enter into a contractual relationship with you or anyone else, except on these Terms.

Jurisdiction and acceptance of these Terms

1.      These Terms and any dispute in relation to the materials available from the The Open University's Solid Pod Portal will be governed by English law. The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the The Open University's Solid Pod Portal.

2.      Your continued use of The Open University's Solid Pod Portal indicates your acceptance of these Terms.