H5P Hub Terms of Use

Terms and conditions of use

1.     Introduction

1.1    These terms and conditions shall govern your use of the H5P Hub service.

1.2    By using our service, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our service.

1.3    If you register with our service, submit any material to our service or use any of our services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our service; by using our service or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.     Copyright notice

2.1    Copyright (c) 2021 Joubel AS.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our service and the material on our service; and

(b)    all the copyright and other intellectual property rights in our service and the material on our service are reserved. For user generated content shared on the service in the H5P format Creative Commons or Public Domain licenses will be specified allowing any user to distribute and use such content, and for several of the Creative Commons licenses users are also allowed to modify the content.

3.     Permission to use the service

3.1    You may:

(a)    view and search for shared H5P content using the official H5P Hub client which is part of the official H5P plugins and H5P.com;

(b)    download H5P content via the H5P Hub client for use on your own service, providing that such printing is not systematic or excessive;

(c)    print pages from our service, providing that such printing is not systematic or excessive;

(d)    share your own H5P content with the rest of the H5P community

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our service or save any such material to your computer.

3.3    You may only use our service for your own personal and business purposes, you must not use our service for any other purposes. Copying content from or otherwise using our service to create a competing service is not allowed.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our service. For avoidance of doubt, H5P content shared on our service licensed with a Creative Commons license that allow editing may be edited.

3.5    For H5P content shared through our service each H5P content has a Creative Commons or Public Domain license provided by the author of the content regulating your permission to republish, use commercially and redistribute. For other material from our service you must not:

(a)    republish it (including republication on another service);

(b)    sell, rent or sub-license it;

(c)    exploit it for a commercial purpose; or

(d)    redistribute it.

3.7    We reserve the right to suspend or restrict access to our service, to areas of our service and/or to functionality upon our service. We may, for example, suspend access to the service during server maintenance or when we update the service. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the service.

4.     Misuse of service

4.1    You must not:

(a)    use our service in any way or take any action that causes, or may cause, damage to the service or impairment of the performance, availability, accessibility, integrity or security of the service;

(b)    use our service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our service;

(d)    probe, scan or test the vulnerability of our service without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our service;

(f)     use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our service resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our service without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our service without our express written consent;

(j)     access or otherwise interact with our service using any robot, spider or other automated means not provided by us;

(k)    use our service except by means of software provided by us;

(l)     do anything that interferes with the normal use of our service.

4.2    You must not use data collected from our service to contact individuals, companies or other persons or entities.

5.     Registration and accounts

5.1    You may register for an account with our service by completing and submitting the account registration form on our service.

5.3    You must ensure that anyone who uses the account on your behalf are aware of and accept these terms.

5.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5    You must not use any other person's or organization’s account to access the service, unless you have that person's or organization’s permission to do so.

6.     User login details

6.1    If you register for an account with our service, we will provide you or your organization with credentials.

6.2    Your or your organization’s name and other information about you and your organization must not be liable to mislead and must comply with the content rules set out in these terms; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your credentials confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your credentials.

6.5    You are responsible for any activity on our service arising out of any failure to keep your credentials confidential and may be held liable for any losses arising out of such a failure.

7.     Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion with or without notice to you.

7.2    We will usually cancel an account if it remains unused for a continuous period of 18 months.

7.3    You may cancel your account on our service using your account control panel on the service.

8.     Sharing content feature

8.1    In order to use the sharing feature on our service, you must register with the service.

8.2    Shared content will not be reviewed or edited before publication; however, we reserve the right to edit or delete any content published on our service and by default users only see content that has gone through a very brief review.

8.3    For the avoidance of doubt, your shared H5P content constitute "your content" for the purposes of Section 11 and Section 12.

9.     Our rights to use your content

9.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our service for storage or publication on, processing by, or transmission via, our service.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this service and any successor service.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our service.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.   Rules about your content

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(f)     be in contempt of any court or in breach of any court order;

(g)    be in breach of racial or religious hatred or discrimination legislation;

(h)    be blasphemous;

(i)     be in breach of official secrets legislation;

(j)     be in breach of any contractual obligation owed to any person;

(k)    depict violence in an explicit, graphic or gratuitous manner;

(l)     be pornographic or sexually explicit;

(m)   consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n)    constitute spam;

(o)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

10.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

10.5  You must not use our service to link to any service or web page consisting of or containing material that would, were it posted on our service, breach the provisions of these terms and conditions.

10.6  You must not submit to our service any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11.   Report abuse

11.1  If you learn of any unlawful material or activity on our service, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by email to [email protected]

12.   Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our service;

(b)    that the material on the service is up to date;

(c)    that the service will operate without fault; or

(d)    that the service or any service on the service will remain available.

12.2  We reserve the right to discontinue or alter any or all of our service, and to stop publishing our service, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any service services, or if we stop publishing the service.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our service and the use of our service.

13.   Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our service and the information and services on our service are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the service or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14.   Indemnity

14.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our service or any breach by you of any provision of these terms and conditions.

15.   Breaches of these terms and conditions

15.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our service;

(c)    permanently prohibit you from accessing our service;

(d)    block computers using your IP address from accessing our service;

(e)    contact any or all of your internet service providers and request that they block your access to our service;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our service.

15.2  Where we suspend or prohibit or block your access to our service or a part of our service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account]).

16.   Third party services

16.1  Our service includes hyperlinks to other services owned and operated by third parties; such hyperlinks are not recommendations.

16.2  We have no control over third party services and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17.   Variation

17.1  We may revise these terms and conditions from time to time.

17.2  The revised terms and conditions shall apply to the use of our service from the date of publication of the revised terms and conditions on the service, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the service, and you must stop using the service.

18.   Assignment

18.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19.   Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.   Third party rights

20.1  A contract under these terms and conditions is for our benefit and your (and your organization’s) benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.   Entire agreement

21.1  Subject to Section 13.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our service and shall supersede all previous agreements between you and us in relation to your use of our service.

For the sake of clarity, these terms and conditions are for the H5P Hub service. If you are using the H5P Hub in combination with other services provided by us, for instance H5P.com, these terms does not affect the terms for H5P.com.

22.   Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with Norwegian law.

22.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Norway.

23.   Statutory and regulatory disclosures

23.1  We are registered in Norway; you can find the online version of the register at https://w2.brreg.no/enhet/sok/detalj.jsp?orgnr=912282910, and our registration number and VAT number is 912282910.

24.   Our details

24.1  This service is owned and operated by Joubel AS.

24.2  Oregistered office and principal place of business is at Strandgata 9, 9008 Tromsø, Norway.

24.3  You can contact us:

(a)    by email, using [email protected];

(b)      using the contact form on https://h5p.org/contact;