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Terms of Use

The following terms ("Terms of Use") constitute an agreement between OpenCV.org that operates under the Open Source Vision Foundation ("OpenCV"), and the purchaser ("You") of courses (the "Course") found at https://courses.opencv.org (the “Website”) that governs Your participation in the Course. You agree to abide by the Terms of Use as a condition of Your participation in the Course. You may also be subject to our Privacy Policy, a copy of which may be found here and which are herein incorporated by reference.

Your purchase of the Course constitutes Your acceptance of, and agreement to the following Terms of Use. OpenCV reserves the right to modify, alter, amend or update its Course, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase the Course.


PURCHASE POLICIES

You may purchase the Course on the Website. The Course is provided through video content and reading materials that are hosted by OpenCV on the Website and includes membership in a discussion forum for Course participants (“Participants”) (the “Course Material”). The Course also includes downloadable code and access to an online lab where Participants can run code (collectively with the foregoing, “Course Material”). Course Material is available only to those who have enrolled in the Course.

After purchase, You will have access to the Course for one year after You start the course. Without prejudice to, and in addition to any other right or remedy that we may have, if You fail to pay us any invoice on the due date, we may suspend Your access to the Course, Course Materials and Your participation therein until payment has been made in full.

Should You choose to terminate Your participation in the Course, Your access to the Course and Course Material will be revoked, You will not be refunded any cost of the Course already paid, and You will still be required to pay any outstanding balance owed for the cost of the Course.

Refund Policy

OpenCV will refund You the full cost of the Course, provided the refund request is received within 21 days of release of any of the Course or Course Material to You. No refunds will be granted after the 21 days of release of any portion of the Course or the Course Material to You. To request a refund please contact: courses@opencv.org.

OpenCV does not provide a refund if the course was purchased through a crowd sourcing campaign like Kickstarter.

Modifications

OpenCV reserves the right to modify or discontinue, temporarily or permanently, the Course (or any part thereof) with or without notice. You agree that OpenCV will not be liable to you or to any third party for any modification, suspension or discontinuance of the Course. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law.

Fees

To the extent the Course or any portion thereof is made available for any fee, you will be required to select a payment plan and provide OpenCV or OpenCV’s third party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to OpenCV that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay OpenCV the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize OpenCV to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let OpenCV know within sixty (60) days after the date that OpenCV charges you. OpenCV reserve the right to change the price of the Course. Your continued use of the Course after the price change becomes effective constitutes your agreement to pay the changed amount.


LICENSE FOR USE OF PRODUCTS

The Courses were developed solely for your personal use and may not be reproduced for publication or for personal or commercial use of others without permission.


DISCLAIMER

OpenCV has made every effort to ensure that all information on the Website and Course has been tested for accuracy. OpenCV makes no guarantees regarding the results that you will see from using the information provided on the Website or Course. OpenCV makes no guarantees regarding the source code provided in the Course, whether provided from OpenCV or a Participant.

OpenCV disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information, including source code, provided on the Website or Course. OpenCV assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information or source code found on the Website or Course. You understand and agree that you use and download the source code at your own risk.


YOUR RESPONSIBILITY

The Website and Course were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from Your use of the Website and participation in the Course. OpenCV makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that OpenCV is not responsible for Your results or any expenses that You may incur as a result of Your purchase. OpenCV assumes no responsibility for errors or omissions that may appear on the Website or in the Course.

Confidentiality & Privacy

OpenCV respects Your privacy and insists You agree to respect the privacy of OpenCV. Any confidential information ("Confidential Information") shared by any OpenCV representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the OpenCV’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with this Agreement. By purchasing this Course, You agree that if You violate or display any likelihood of violating this Agreement the OpenCV and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Public Forums and Links

"Public Forum" is any area, site or feature offered as part of the Course (including, without limitation, discussion forums, message boards, blogs, guides, activity walls, hashtag streams, chat rooms, emails or personal messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Generated Content (as defined below), and/or (b) to communicate, share, or exchange User Generated Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. OpenCV DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.


USER GENERATED CONTENT

By submitting or posting text, code, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to the Website (“User Generated Content”), you grant to OpenCV a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website, to store and distribute the User Generated Content, and to use the User Generated Content for promotional and marketing purposes. OpenCV reserves the right to edit, modify, or create derivative works from the User Generated Content, and you shall have no rights with respect thereto unless we agree otherwise. All User Generated Content is the sole responsibility of the person who provided it. OpenCV reserves the right to, in its sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of OpenCV.


RULES FOR USER GENERATED CONTENT

By submitting or posting User Generated Content, you agree to the following rules:

  • You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Generated Content;
  • The User Generated Content will not damage you, us, or any third party;
  • The User Generated Content is accurate and complete;
  • The User Generated Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use;
  • The User Generated Content does not advertise, promote, or solicit business without the prior written consent of OpenCV; and
  • You will not do or attempt to do anything to harm, disrupt, or interfere with OpenCV’s security, website, system, accounts, passwords, servers, data, or networks.

OpenCV has sole discretion when determining whether certain User Generated Content violates any of its rules and to remove any User Generated Content. OpenCV further reserves the right to, in its sole discretion, remove or block any user who violates any of its rules.


OPENCV IS NOT RESPONSIBLE FOR USER GENERATED CONTENT

User Generated Content is the sole responsibility of the person(s) who created it, and OpenCV and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. OpenCV and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Generated Content, nor does it assume responsibility or liability that may arise from the User Generated Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.


DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, OpenCV is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website or Course.

Intellectual Property

All original materials provided by OpenCV on the Website or as part of the Course are owned or licensed by OpenCV. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of OpenCV's intellectual property. All intellectual property remains the property of OpenCV No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. OpenCV will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed on the Website and in the Course constitute OpenCV’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("OpenCV IP"). You are not authorized to use any OpenCV IP without OpenCV’s express consent. Ownership of the OpenCV IP remains with OpenCV and You agree not to make any claims or assertions of any other party’s ownership of OpenCV IP.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, OpenCV may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that OpenCV shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Registration & Restricted Access

Access to the Course is restricted to Course members. When You register, You will create a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect Your password has been compromised, You must notify OpenCV immediately at courses@opencv.org. OpenCV will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to OpenCV or other third parties for any losses incurred due to such unauthorized use.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. When you register with OpenCV, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your registration without refund, in OpenCV’s sole discretion. OpenCV may disable your username and password at its sole discretion, refuse to register a user for the Website or Course, remove or edit any content contributed to the Website or cancel any User Account. OpenCV may, without notice, refuse access to its Website or the Course, in whole or part, to any person that fails to comply with these Terms of Use. OpenCV reserves the right to modify methods for registration and access levels of registered users from time to time.

Communication - Electronic Notice

You consent to receive communications from OpenCV electronically. You agree that all legal notices provided via electronic means from OpenCV satisfy any requirement for written notice.

Third Parties

The Website and the Course offer resources that may contain links to third-party websites that are not governed or controlled by OpenCV You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. OpenCV assumes no control or liability over the content of any third-party sites. You expressly hold harmless OpenCV from any and all liability related to Your use of a third-party website. Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website and/or Course, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Website and/or the Course, You expressly hold OpenCV harmless from any and all liability in any dispute.

No Warranties

The Website and the Course, including a source code provided therein, are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. OpenCV makes no representations or warranties in relation to the Website or the Course or the information and materials provided therein.

OpenCV makes no warranty the Website or the Course will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, OPENCV WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPENCV’S SOLE LIABILITY UNDER THIS TERMS OF USE IS THE PURCHASE PRICE PAID FOR THE COURSE.

Indemnity

You agree to defend, indemnify and hold OpenCV, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which OpenCV suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including any representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Palo Alto, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without OpenCV's prior written consent, however, the Terms of Use may be assigned by OpenCV in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Course offered by OpenCV OpenCV reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to courses@opencv.org for OpenCV and from Your email address.

These terms were lasted updated on September 30, 2019.