MyVideoTutor online education content terms and conditions
Please read these Terms and Conditions carefully. All contracts that the Creator
may enter into from time to time for the provision of the educational and training
services of the Creator shall be governed by these Terms and Conditions, and the
Platform will ask for the express agreement of the Creator to these Terms and
Conditions before the provision of any such services to the Platform.
In these Terms and Conditions, words and phrases with special meanings are
indicated by initial capital letters. Details of those words and phrases are set out in
Section 19 of the main body of these Terms and Conditions., and
Definitions
• “The Creator” refers to those educational content creators who upload content
onto the MyVideoTutor website.
• “Hosted Content” refers to that content created by creators made available
for purchase by users of MyVideoTutor.
• “Downloads” refers to those supplementary resources that a Creator may
choose to attach to a particular lesson, available for purchase by Users of
MyVideoTutor for an additional sum.
• “Users” refers to those accounts, both ‘student’ and ‘parent’, which may
purchase “Hosted Content” for access.
1. Submission process
1.1 The advertising of the Services on the website of the Platform and through
any Third Party Services constitutes an “invitation to treat” rather than a
contractual offer.
1.2 No contract for the supply of the Services will come into force between the
Creator and the Platform unless and until the procedure set out in this
Section 1 has been completed (the date of such completion being the
“Effective Date”).
1.3 To enter into a contract of for the supply of the Services, the following steps
must be taken:
• The Creator must have an approved account on the MyVideoTutor Platform.
• The Creator must upload content on to the MyVideoTutor Platform.
• The Creator must have agreed to the terms and conditions in this
document.
1.4 To enter into a contract through our website for us to distribute your content,
the following steps must be taken: if you are a new content supplier, you
must create an account with us and log in; if you are an existing content
supplier, you must enter your login details; once you are logged in, you must
consent to these terms and conditions; you must then upload your content;
and we will either send you a contract confirmation (at which point a binding
contract will come into force in respect of that content) or we will confirm by
email that we are unable to enter into a contract with you in respect of that
content.
2. Term
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force indefinitely, subject to termination in
accordance with Section 13 or any other provision of these Terms and
Conditions.
3. Services
3.1 The Creator shall provide some or all of the following Services and materials
to the Platform in accordance with these Terms and Conditions:
(a) the Hosted Content; and
(b) the Downloads.
3.2 The Creator shall provide the Services with reasonable skill and care.
4. Hosted Content
4.1 Hosted Content is that content produced by the Creator that is uploaded onto
the MyVideoTutor platform for users of the Platform to purchase access to.
4.2 The Creator must supply the content using compatible formats with, and
directly on to, the MyVideoTutor Platform.
4.3 The Creator hereby grants to the Platform a worldwide, exclusive licence to
use the Hosted Content in accordance with any applicable Third Party
Services terms and conditions.
4.4 The Platform and Creator shall use reasonable endeavours to ensure that no
unauthorised person may gain access to the Hosted Content using any access
credentials of the Platform.
4.5 The Creator acknowledges that the availability of the Hosted Content is
dependent upon Third Party Services, and that the Platform has no direct
control over the availability of the Hosted Content; accordingly, the Platform
does not guarantee 100% availability.
4.6 The Creator acknowledges that remuneration for Hosted Content is based on
the number of users who purchase access to the Hosted Content and subject
to conditions set out in Sections 8 & 9.
4.7 The Platform is under no obligation to make the content publicly available to
users and reserves the right to remove content at its discretion.
4.8 You warrant to us that the rights of each author of your content to be
identified as such have been waived to the maximum extent permitted by
applicable law.
4.9 You warrant to us that each author of your content has irrevocably and
unconditionally waived his or her rights to object to any derogatory treatment
of that content to the maximum extent permitted by applicable law.
5. Downloads
5.1 The Creator must supply the Downloads using compatible formats with, and
directly on to, the MyVideoTutor Platform.
5.2 Subject to the payment of the applicable Charges by the Platform and the
compliance of the Platform with the other provisions of these Terms and
Conditions, the Creator grants to the Platform a worldwide, exclusive and
non-transferable licence from the date of supply or making available of
Downloads to:
(a) download unlimited copies of each of the Downloads;
(b) supply all users of the Platform who purchase access to the content and
corresponding downloads with downloadable copies of the Downloads.
5.3 The Creator acknowledges that the Downloads may be protected by digital
rights management technology and that the Platform may use that
technology to enforce the provisions of these Terms and Conditions.
5.4 The Creator warrants to the Platform that the Downloads, when used by the
Platform in accordance with these Terms and Conditions, will not infringe the
Intellectual Property Rights of any person in any jurisdiction and under any
applicable law.
5.5 The licence set out in this Section 5 shall continue indefinitely; providing
however that if the Platform commits any breach of the licence terms set out
in this Section 5, the Creator may by written notice to the Platform terminate
the licence, with immediate effect, with respect to any or all of the
Downloads.
6. Third Party Services
6.1 The Creator acknowledges that access to the Services may require the use of
Third Party Services by the Platform.
6.2 The supply of Third Party Services shall be under a separate contract or
arrangement between the Platform and the relevant third party. The Creator
does not contract to supply the Third Party Services and is not a party to any
contract for, or otherwise responsible in respect of, the provision of any Third
Party Services. Fees may be payable by the Platform to the relevant third
party in respect of the use of Third Party Services.
6.3 Subject to Section 13.1:
(a) the Creator gives no guarantees, warranties or representations in
respect of any Third Party Services; and
(b) the Creator shall not be liable to the Platform in respect of any loss or
damage that may be caused by Third Party Services or any Creator of
Third Party Services.
7. Platform obligations
7.1 The Platform warrants to the Creator that all the information supplied by the
Platform to the Creator in relation to the Contract and the Services, is true,
accurate, current, complete, and non-misleading.
7.2 The Platform must comply with Schedule 1 (Community Standards) when
interacting with the Creator or any other person in relation to the Services
(including interactions by means of the Third Party Services); and the
Platform must ensure that all persons acting on behalf of the Platform comply
with Schedule 1 (Community Standards) when interacting with the Creator or
any other person in relation to the Services (including interactions by means
of the Third Party Services).
7.3 Save to the extent that the parties have agreed otherwise in writing, the
Platform must provide to the Creator, or procure for the Creator, such:
(a) co-operation, support and advice; and
(b) information and documentation,
as are reasonably necessary to enable the Creator to perform its obligations
under the Contract.
8. Charges
8.1 The Platform shall pay the Charges to the Creator in accordance with these
Terms and Conditions.
8.2 All amounts stated in or in relation to these Terms and Conditions are, unless
the context requires otherwise, stated inclusive of any applicable value added
taxes.
9. Payments
9.1 The Platform must pay the Charges to the Creator on a monthly basis, based
on how many purchases of their Hosted Content have been made.
10. No guarantee of exam success
10.1 For the avoidance of doubt, we do not guarantee that the use of the website
or services will lead to any particular certification or any particular grading or
result in any course, examination or assignment.
11. Warranties
11.1 The Platform warrants to the Creator that all the information supplied by the
Platform to the Creator in relation to the Contract and the Services, is true,
accurate, current, complete and non-misleading.
11.2 The Creator warrants to the Platform that:
(a) the Creator has the legal right and authority to enter into the Contract
and to perform its obligations under these Terms and Conditions;
(b) the Creator will comply with all applicable legal and regulatory
requirements applying to the exercise of the Creator’s rights and the
fulfilment of the Creator’s obligations under these Terms and
Conditions; and
(c) the Creator has or has access to all necessary know-how, expertise and
experience to perform its obligations under these Terms and Conditions.
11.3 The Platform warrants to the Creator that it has the legal right and authority
to enter into the Contract and to perform its obligations under these Terms
and Conditions.
11.4 All of the parties’ warranties and representations in respect of the subject
matter of the Contract are expressly set out in these Terms and Conditions.
To the maximum extent permitted by applicable law, no other warranties or
representations concerning the subject matter of the Contract will be implied
into the Contract or any related contract.
12. Limitations and exclusions of liability
12.1 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,
and, if a party is a consumer, that party’s statutory rights will not be excluded
or limited by these Terms and Conditions, except to the extent permitted by
law.
12.2 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.
12.3 The Platform will not be liable to the Creator in respect of any losses arising
out of a Force Majeure Event.
12.4 The Platform will not be liable to the Creator in respect of any loss of profits
or anticipated savings.
12.5 The Platform will not be liable to the Creator in respect of any loss of revenue
or income.
12.6 The Platform will not be liable to the Creator in respect of any loss of
business, contracts or opportunities.
12.7 The Platform will not be liable to the Creator in respect of any loss or
corruption of any data, database or software.
12.8 The Platform will not be liable to the Creator in respect of any special, indirect
or consequential loss or damage.
13. Termination
13.1 Either party may terminate the Contract by giving to the other party at least
30 days’ written notice of termination.
13.2 Either party may terminate the Contract immediately by giving written notice
of termination to the other party if the other party commits a material breach
of these Terms and Conditions.
13.3 Subject to applicable law, either party may terminate the Contract
immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any
arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee,
manager or similar is appointed over any of the assets of the other
party;
(c) an order is made for the winding up of the other party, or the other
party passes a resolution for its winding up (other than for the purpose
of a solvent company reorganisation where the resulting entity will
assume all the obligations of the other party under the Contract); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes
incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
14. Effects of termination
14.1 Upon the termination of the Contract, all of the provisions of these Terms and
Conditions shall cease to have effect, save that the following provisions of
these Terms and Conditions shall survive and continue to have effect.
14.2 Except to the extent expressly provided otherwise in these Terms and
Conditions, the termination of the Contract shall not affect the accrued rights
of either party.
15. Notices
15.1 Any notice from one party to the other party under these Terms and
Conditions must be given by one of the following methods:
(a) sent by email to the relevant email address specified by the Platform (in
the case of notices to the Platform) or by the email address supplied by
the Creator (in the case of notices to the Creator), in which case the
notice shall be deemed to be received upon receipt of the email by the
recipient’s email server;
providing that, if the stated time of deemed receipt is not within Business
Hours, then the time of deemed receipt shall be when Business Hours next
begin after the stated time.
16. General
16.1 No breach of any provision of the Contract shall be waived except with the
express written consent of the party not in breach.
16.2 If any provision of the Contract is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions of the Contract will continue in effect. If any unlawful and/or
unenforceable provision 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 (unless that would contradict the clear intention of the
parties, in which case the entirety of the relevant provision will be deemed to
be deleted).
16.3 The Platform may vary the Contract by giving to the Creator at least 30 days’
written notice of the variation. Subject to this, the Contract may only be
varied by a written document signed by or on behalf of each of the parties.
16.4 The Contract is made for the benefit of the parties, and is not intended to
benefit any third party or be enforceable by any third party. The rights of the
parties to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to the Contract are not subject to the consent of
any third party.
16.5 The main body of these Terms and Conditions and Schedule 1 (Community
Standards) shall constitute the entire agreement between the parties in
relation to the subject matter of the Contract, and shall supersede all
previous agreements, arrangements and understandings between the parties
in respect of that subject matter.
16.6 The Contract shall be governed by and construed in accordance with English
law.
16.7 The courts of England shall have exclusive jurisdiction to adjudicate any
dispute arising under or in connection with the Contract.
17. Changes to the Terms and Conditions
17.1 MyVideoTutor reserves the right to update and change any part of our Terms
and Conditions and/or Privacy Policy.
17.2 Creators will be held to the latest version of the terms and conditions.
17.3 Creators will be notified and must agree to the latest version of the terms and
conditions in order to continue uploading content on to the Platform.
18. Definitions
18.1 In these Terms and Conditions, except to the extent expressly provided
otherwise:
“Charges” means:
(a) such other amounts as may be agreed in writing by the parties from
time to time; and
(b) amounts calculated based on the amount of User purchases of Hosted
Content.
“Platform” refers to MyVideoTutor.
“Hosted Content” refers to that content created by creators made available
for purchase by users of MyVideoTutor.
“Platform Materials” means all coursework, test answer sheets,
examination answer sheets and other works and materials submitted by or on
behalf of the Creator to the Platform in connection with the Services;
“Contract” means a particular contract made under these Terms and
Conditions between the Creator and the Platform;
“Downloads” means those textual, graphical, audio and audio-visual works
and materials that the Creator supplies or makes available to the Platform for
download as part of the Services;
“Effective Date” means has the meaning given to it in Section 1.2;
“Force Majeure Event” means an event, or a series of related events, that
is outside the reasonable control of the party affected (including failures of
the internet or any public telecommunications network, hacker attacks, denial
of service attacks, virus or other malicious software attacks or infections,
power failures, industrial disputes affecting any third party, changes to the
law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist
attacks and wars);
“Hosted Content” means those on-demand hosted content that the Creator
supplies or makes available to the Platform as part of the Services;
“Order Form” means a written order form agreed by or on behalf of each of
the parties;
“Creator” refers to those educational content creators who upload content
onto the MyVideoTutor website.
“Services” means any services that the Creator provides to the Platform, or
has an obligation to provide to the Platform, under these Terms and
Conditions;
“Term” means the term of the Contract, commencing in accordance with
Section 2.1 and ending in accordance with Section 2.2;
“Terms and Conditions” means these terms and conditions, including any
amendments to these terms and conditions from time to time; and
“Third Party Services” means any software or services provided by any
third party that are to be used by the Creator and the Platform in the course
of the provision and receipt of the Services, as identified in the Order Form or
notified by the Creator (acting reasonably) to the Platform from time to time.
19. Interpretation
19.1 In these Terms and Conditions, a reference to a statute or statutory provision
includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-
enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory
provision.
19.2 The Section headings do not affect the interpretation of these Terms and
Conditions.
19.3 References in these Terms and Conditions to “calendar months” are to the 12
named periods (January, February and so on) into which a year is divided.
19.4 In these Terms and Conditions, general words shall not be given a restrictive
interpretation by reason of being preceded or followed by words indicating a
particular class of acts, matters or things.
SCHEDULE 1 (COMMUNITY STANDARDS)
1. Introduction
1.1 This community standards policy (the “Policy”) sets out the rules governing:
(a) the use of our services and any third party services used in connection
with our services (the “Services”); and
(b) the communication, transmission, storage and processing of content by
you, or by any person on your behalf, using the Services (“Content”).
1.2 References in this Policy to “you” are to any customer for the Services and
any individual user of the Services (and “your” should be construed
accordingly); and references in this Policy to “us” are to [identify Creator]
(and “we” and “our” should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
1.4 We will ask for your express agreement to the terms of this Policy before you
upload or submit any Content or otherwise use the Services.
2. General usage rules
2.1 You must not use the Services in any way that causes, or may cause, damage
to the Services or impairment of the availability or accessibility of the
Services.
2.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or
harmful purpose or activity.
2.3 You must ensure that all Content complies with the provisions of this Policy.
3. Academic offences
3.1 You must not commit plagiarism; and Content that you submit to us as test
answers, examination answers or coursework (whether assessed or not) must
not be plagiarised. For these purposes, plagiarism means presenting or
passing off the work or ideas of another as your own. Plagiarism may or may
not constitute copyright infringement, may be committed with our without
that other’s consent, and may be intentional or unintentional. You can avoid
plagiarism by properly acknowledging your sources.
3.2 You must not cheat or assist or enable any other person to cheat in relation
to any test, examination or coursework made available through the Services.
Cheating includes the contravention of any particular procedures or rules that
we specify apply to the relevant test, examination or coursework.
4. Unlawful Content
4.1 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).
4.2 Content, and the use of Content by us in any manner licensed or otherwise
authorised by you, 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 negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination
legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person.
4.3 You must ensure that Content is not and has never been the subject of any
threatened or actual legal proceedings or other similar complaint.
5. Graphic material
5.1 Content must be appropriate for all persons who have access to or are likely
to access the Content in question, and in particular for children over 12 years
of age.
5.2 Content must not depict violence in an explicit, graphic or gratuitous manner.
5.3 Content must not be pornographic or sexually explicit.
6. Marketing and spam
6.1 You must not without our written permission use the Services for any purpose
relating to the marketing, advertising, promotion, sale or supply of any
product, service or commercial offering.
6.2 Content must not constitute or contain spam, and you must not use the
Services to store or transmit spam – which for these purposes shall include all
unlawful marketing communications and unsolicited commercial
communications.
6.3 You must not send any spam or other marketing communications to any
person using any email address or other contact details made available
through the Services or that you find using the Services.
6.4 You must not use the Services to promote, host or operate any chain letters,
Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing
schemes, “get rich quick” schemes or similar letters, schemes or programs.
6.5 You must not use the Services in any way which is liable to result in the
blacklisting of any of our IP addresses.
7. Monitoring
7.1 You acknowledge that [we may actively monitor the Content and the use of
the Services] OR [we do not actively monitor the Content or the use of the
Services].
8. Data mining
8.1 You must not conduct any systematic or automated data scraping, data
mining, data extraction or data harvesting, or other systematic or automated
data collection activity, by means of or in relation to the Services.
9. Harmful software
9.1 The Content must not contain or consist of, and you must not promote,
distribute or execute by means of the Services, any viruses, worms, spyware,
adware or other harmful or malicious software, programs, routines,
applications or technologies.
9.2 The Content must not contain or consist of, and you must not promote,
distribute or execute by means of the Services, any software, programs,
routines, applications or technologies that will or may have a material
negative effect upon the performance of a computer or introduce material
security risks to a computer.
