OpenWHO Terms of Use

Please read these Terms of Use carefully before using OpenWHO (www.OpenWHO.org). By using any of the features or services of OpenWHO (whether online, downloaded to a mobile device, or otherwise), you enter into an agreement with the World Health Organization (“WHO”) by which you accept and agree to these Terms of Use.

1. Description of OpenWHO

OpenWHO is WHO’s new, interactive, web-based platform that offers Massive Open Online Courses (MOOCs) to people preparing to work in health emergencies or already doing so.

OpenWHO transfers often life-saving expertise from WHO and its key partners to front-line responders.

WHO’s strengths include its global expertise and convening power. The OpenWHO platform delivers WHO’s and partners’ expertise closer to where it is needed and provides information in user-friendly formats. The platform is managed by WHO’s Department for Infectious Hazards Management, in Geneva, Switzerland.

Users take part in a worldwide, social learning network that is based on interactive, online courses and materials covering a variety of subjects. OpenWHO also serves as a forum for the timely sharing of public health expertise and in-depth discussion and feedback.

2. Using OpenWHO

You may use OpenWHO only in compliance with these Terms of Use. When you create your OpenWHO account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Certain courses may have additional requirements and/or restrictions.

Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use OpenWHO. You may download content from OpenWHO only for your personal, non-commercial use. You agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account.

The OpenWHO website, and, unless expressly stated otherwise, all content therein, is © World Health Organization, 2017. All rights reserved. Except as otherwise indicated herein, WHO owns and shall retain all right, title and interest in and to OpenWHO, including all intellectual property rights embodied therein, including all of the service marks, trademarks, trade names or any other designations associated with OpenWHO and all copyrights, patent rights, trade secret rights, and other proprietary rights relating to OpenWHO.

Nothing contained in these Terms of Use, or your use of OpenWHO, shall be deemed to convey to you any title or ownership in OpenWHO or any other materials of WHO.

4. OpenWHO Content

OpenWHO content, including its courses, is offered subject to these Terms of Use, including the Disclaimers by WHO and Limitations of WHO’s of Liability sections below.

WHO reserves the right to cancel, interrupt, reschedule, or modify any OpenWHO content, including courses, at any time.

Participation in, or completion of, an OpenWHO course does not confer any academic credit.

Nothing in these Terms of Use or otherwise with respect to your participation in any course: establishes any relationship between you and WHO or any other organization with which OpenWHO may be affiliated; enrols or registers you in any educational institution, or in any course offered by any educational institution; or entitles you to use the resources of WHO or any other institution beyond participation in the course.

5. Acceptable Use of OpenWHO

You are permitted to use OpenWHO for your personal, non-commercial use.

You are prohibited from using OpenWHO:

  • to infringe the rights of any person or entity, including WHO;
  • in, or in association with, any product marketing, promotional, or commercial activities, including, without limitation, in, or in association with, advertisements, product brochures, company-sponsored web sites, annual reports, or other non-educational publications or distributions;
  • in, or in connection with, the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that WHO endorses any specific company or product(s);
  • in any way which is contrary to the policies and principles of WHO and/or which might otherwise jeopardize the name or reputation of WHO, its special programmes, and/or its research projects;
  • to harass or “spam” others, or to distribute malware, spam or any other unwanted activity or content;
  • in any manner which is, or could be considered to be, illegal, or promoting illegal activities; or
  • in any manner which is in violation of these Terms of Use.

You are further not permitted to do any of the following with or relating to OpenWHO:

  • sharing your password, let anyone access your account, or do anything that might put your account at risk;
  • attempting to access any other user's account;
  • reproducing, transferring, selling, reselling, or otherwise misusing any content from OpenWHO;
  • accessing, tampering with, or using non-public areas of OpenWHO;
  • breaking or circumventing WHO’s authentication or security measures or otherwise testing the vulnerability of OpenWHO;
  • trying to reverse engineer any portion of OpenWHO;
  • trying to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing;
  • impersonating or misrepresenting your affiliation with any person or entity; or
  • encouraging or help anyone do any of the above.

WHO may screen or monitor content provided by users, and may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of OpenWHO.

6. User Content

OpenWHO enables you to share your content, such as posts you make in the forums ("User Content"), with OpenWHO, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

To the extent that you provide User Content, you grant WHO a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting WHO the right to authorize participating institutions to use your User Content. Nothing in these Terms of Use shall restrict other legal rights WHO may have to User Content.

WHO welcomes your suggestions, ideas, comments, and other feedback regarding OpenWHO. By submitting any feedback, you grant WHO the right to use the feedback without any restriction or any compensation to you. By accepting your feedback, WHO does not waive any rights to use similar or related feedback previously known to WHO, developed by its employees or contractors, or obtained from other sources.

7. Security

WHO does not guarantee that unauthorized third parties will not be able to defeat its security measures.

8. Third Party Content, including User Postings

Through OpenWHO, you may have the ability to access and/or use content provided by instructors, other users, and/or other third parties, including user postings on the OpenWHO site, and links to websites and materials maintained by third parties.

The views expressed in such third party content do necessarily represent the decisions or the stated policy of WHO.

WHO cannot guarantee that such third party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.

WHO disclaims any responsibility or liability related to your access or use of such third party content, and is not responsible for the accuracy, usefulness, reliability or intellectual property rights of such third party material, including any user postings.

You further understand and acknowledge that you may be exposed to third party material, including user postings, that is inaccurate, offensive, defamatory, indecent or objectionable and you waive any rights or remedies you have or may have against WHO with respect thereto.

WHO has no obligation to monitor any user postings or any other user communications through OpenWHO. However, WHO reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these Terms of Use, WHO may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.

Any inclusion or use of any third party content in OpenWHO does not imply that such third party content is endorsed or recommended by WHO, including in preference to others of a similar nature.

Certain reference documents, articles, or other information on OpenWHO may be used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using OpenWHO you agree to abide by all such rules and conditions.

9. Certificates

WHO may provide for certificates of completion of certain courses on OpenWHO, pursuant to WHO’s rules and regulations and at WHO’s sole discretion. Such certificates are provided as part of WHO’s organizational mission in health and to OpenWHO participants on an individual, non-commercial basis, without any requirement of fee or other consideration.

Should you obtain such a certificate, you represent that you have completed all examinations and requirements for that certificate yourself.

Recipients of certificates are not permitted to make reference to the WHO name or emblem, or to use such certificate in any commercial or promotional activity.

10. Education Research

Records of your participation in OpenWHO courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

11. Modifying or Terminating OpenWHO

WHO may add or remove functions, features, or requirements to OpenWHO and may suspend or stop OpenWHO or any part thereof at any time at its sole discretion.

Accordingly, WHO may terminate your use of OpenWHO for any reason. Neither WHO nor any other affiliated entity shall have any liability to you for any such action.

You may cease using OpenWHO at any time.

12. Use of WHO Name and Emblem

In no case shall you use the WHO name or emblem, or any abbreviation thereof, or state or imply that WHO endorses or is affiliated with you, or your organization, or that WHO endorses any entity, organization, company, or product. All requests to use the WHO name and/or emblem require advance written approval of WHO.

13. Disclaimers by WHO

You participate and use OpenWHO, including its course materials, at your own risk.

WHO disclaims all liability and responsibility related to OpenWHO, its content, and any use or activity related or resulting thereto.

While WHO will endeavour to keep the content of OpenWHO and its courses up-to-date, WHO makes no representations regarding the completeness or accuracy of any of the information provided in OpenWHO, including any OpenWHO course content. In that respect, and without limitation, WHO hereby notifies you of the following non-exclusive risks and known issues related to OpenWHO:

  • OpenWHO course materials (videos and otherwise) may express opinions, ideas, and/or recommendations of experts that are the best knowledge as of the time of such recordings and clearance, but may later be outdated;
  • Materials on OpenWHO may contain errors or mistakes, or may be otherwise inaccurate or incomplete;
  • To facilitate debate and collaboration, WHO may host material of partner organisations, which may not have been co-produced or cleared by WHO; and
  • There may be issues relating to access to OpenWHO in the online context.

WHO provides OpenWHO “as is”, and does not represent that OpenWHO is operational, appropriate for your use, complete, accurate, free of defects, virus free, able to operate on an uninterrupted basis, or appropriate for your technical system.

WHO makes no warranty with respect to OpenWHO, and disclaims all statutory or implied warranties, expressed or implied, as to the accuracy, completeness or usefulness of any information, apparatus, product, or process related to OpenWHO, including, without limitation, to any warranty of design or fitness for a particular purpose, even if WHO has been informed of such purpose.

Any designations employed or material contained in OpenWHO do not imply the expression of any opinion whatsoever on the part of WHO concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Any mention of specific companies or of certain manufacturers’ products in OpenWHO does not imply that they are endorsed or recommended by WHO in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters.

14. Limitation of WHO’s Liability

WHO shall not be liable for any loss or damage arising directly or indirectly in connection with, or resulting from, your use of OpenWHO.

WHO further expressly excludes liability for any indirect, special, incidental or consequential damages which may arise in respect of OpenWHO and its use, and the results thereof.

15. Your Indemnification of WHO

You shall indemnify, hold harmless, and defend at your own expense WHO, its officers, agents, and employees from and against any claims, demands, causes of action, and liability of any nature or kind resulting from or relating to your use of OpenWHO.

16. Term and Termination of your use of OpenWHO

These Terms of Use shall form an agreement between you and WHO and shall remain in effect so long as you use OpenWHO in any format. These Terms of Use, including the rights granted under them, shall terminate automatically upon any breach by you of any of these Terms of Use. Further, WHO may terminate the agreement between you and WHO, including the rights granted under it, at any time, with immediate effect, for any reason, by notice to you.

Upon termination of the agreement between you and OpenWHO pursuant to these Terms of Use for any reason whatsoever, you shall immediately cease all use of OpenWHO and destroy and/or remove all copies of OpenWHO from your computer systems and storage media.

17. General Provisions

WHO reserves the right to make changes and updates to these Terms of Use without prior notification to you by posting updated Terms of Use on the OpenWHO website. Such changes and updates shall be applied as of the date of their issuance. These Terms of Use may not otherwise be supplemented, modified, amended, released or discharged unless approved in writing by WHO.

Any waiver by WHO of any default or breach hereunder shall not constitute a waiver of any provision of these Terms of Use or of any subsequent default or breach of the same or a different kind.

If any provision of these Terms of Use is invalid or unenforceable, it is to that extent to be deemed omitted. The remainder of these Terms of use shall be valid and enforceable to the maximum extent possible.

18. Dispute Resolution, Privileges and Immunities

Any dispute relating to the interpretation or application of these Terms of Use or your use of OpenWHO in any other respect shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules. The parties shall accept the arbitral award as final.

Nothing contained herein or related to OpenWHO in any respect shall be construed as a waiver of any of the privileges and immunities enjoyed by the World Health Organization under national or international law, and/or as submitting the World Health Organization to any national court jurisdiction.

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