TERMS OF USE POLICY

Terms of Use Policy

Overview
African Virtual Campus (AVC)’s Code of Conduct is built upon the belief that “respect for individual ideas, intellectual property, and the authenticity of intellectual work” are essential components of a thriving academic system. So, we encourage members and users of the AVC platform and services to have a shared responsibility to promote ethical, responsible, honest and respectful utility of the services in accordance with this Terms of Use policy.

Unless otherwise noted, all products and services are designed and provided by African Virtual Campus, LLC. These Terms of Use ("Terms") are intended to govern your use of AVC products, including but not limited to website, apps, online tools, contents managements, and other products and services ("Services"). Some of the Services we provide may be downloadable to a device, such as computer, phone, tablet, or other handheld devices. You agree that the services may be updated periodically and that these Terms will apply to such updates. All Terms must be read carefully and agreed to. By using our Services, you agree to abide by these Terms of Use, including all other related AVC policies.

Using our Services
Use of certain services offered by AVC requires membership with African Virtual Campus. Use of all services are subject to these Terms of Use and all applicable laws. When you register with African Virtual Campus, you agree to provide accurate and complete information, and you agree to periodically update your information to keep it current and complete. Anyone under the age of 13 is prohibited access to products and services of AVC unless approved under an agreement with an academic institution; and certain content offerings may have additional requirements and/or restrictions.

Our License to You
Subject to these Terms of Use and other related policies (including Refund Policy, and course-specific eligibility requirements, and other terms), AVC grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use our platform and services. You may download contents from the AVC platform only for personal non-commercial use, unless AVC provides written permission to use such contents otherwise. You also agree that you will create, access, and/or use only one user account, across all AVC platforms, unless expressly approved by African Virtual Campus. You agree that you will not share your access credentials to AVC with any third-party user. Using our Services does not give you ownership to or of any intellectual property rights to the contents, products and services.

Content Offerings
African Virtual Campus offers courses and content ("Content Offerings") from individuals and academic partners, including schools, colleges and universities, and other providers ("Content Providers"). It is our goal to provide outstanding service through our Content Providers; however, unless in cases where unexpected events do occur. Where courses are offered directly by AVC on behalf of a Provider, African Virtual Campus reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. All Content Offerings are subject to the Disclaimers and Limitation of Liability sections in this policy.

Academic Credit
Unless clearly indicated by an accredited institution, participation in or completion of Content Offering does not offer any academic credit. Even if credit is awarded by one institution, there is no guarantee that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings. African Virtual Campus, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accrediting organization.

Student-Partner Relationship
Except as described in the degree programs of our academic partners, nothing in these Terms or Use creates a relationship between you and our Content Providers; nor establishes a partnership between you and our academic partners by your participation in any Content Offerings. Therefore, your participation does not:

(a) establish any relationship between you and any AVC partner.
(b) enroll or register you in any partner institution, or in any Content Offering offered by any partner institution.
(c) entitle you to use the resources of any partner institution beyond participation in the Content Offering with AVC for which you are registered.

User Contents
Our Services provide you access to the AVC-K12, AVC-CMS or the AVC-LMS portals to complete a course, complete homework, quizzes, exams, projects, other assignments you submit, posts in forums, and the like ("User Content"), with AVC instructors, academic partners, and/or other users. You retain responsibility for all intellectual property rights, and are responsible for the User Contents you share. User Contents include course content or other materials made available on or placed on to the African Virtual Campus platform by or on behalf of African Virtual Campus’s Content Providers or their instructors using the Services. The Content Offerings between African Virtual Campus and its Content Providers, are governed by the relevant agreements between AVC and such Content Providers.

AVC Use of Contents
To the extent that you provide User Contents, you grant African Virtual Campus a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create plagiaristic works based on, publicly perform, publicly display, and otherwise use the User Contents. This license includes granting African Virtual Campus the rights to authorize its partners to use such User Contents with their registered students, online and on-campus learners, or other learners independent of the Services. Nothing in these Terms of Use shall restrict other legal rights African Virtual Campus may have to such User Contents, including other licenses. AVC reserves the right to remove or modify User Content for any reason, including User Contents that are believed to violates these Terms of Use.

Feedback
AVC welcomes your feedback in the form of suggestions, ideas, comments, and other information regarding the services offered by African Virtual Campus. By submitting any feedback, you grant AVC the right to use such feedback without restriction, or compensation to you. By accepting your feedback, AVC does not waive any rights to use similar or related feedback previously known to African Virtual Campus, developed by its employees or partners, or obtained from other sources.

Security
AVC is concerned about the security of contents and users accounts. We will work diligently to protect your account and related information. African Virtual Campus cannot guarantee that unauthorized users will not be able to bypass security measures instituted by AVC. Please notify us immediately of any compromise or unauthorized use of your account by sending an email to: security@avc.edu.lr

Third Party Contents
Through our K12, LMS and CMS platforms, you will have the ability to access and use contents provided by instructors, course developers, other users, or other third-party partners with links to their websites and services maintained by such third parties. African Virtual Campus cannot guarantee that such third-party contents in the services or elsewhere will be free of material you may find offensive, inappropriate or free of malware or other viruses that may harm your computer, mobile device, or any files therein. African Virtual Campus shares no responsibility or liability related to your access or use of, or inability to access and use, such third-party contents.

Copyright and Trademark Policy
African Virtual Campus always respects the intellectual property rights of our users, Content Providers, and third parties and expects our users to do the same when using our platforms and services. Therefore, we have adopted the AVC Copyright and Trademark Policy in accordance with applicable laws, including the Digital Millennium Copyright Act.

Education Research
African Virtual Campus is committed to advancing the art and science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of such research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings released without your express consent.

Paid Services from AVC
African Virtual Campus offers paid Services for its Course Certificates for certain courses. Except otherwise stated, fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes charged by African Virtual Campus in a timely manner with the payment method associated with the applicable paid Services. All services are prepaid and required at the time of subscription. Fees may vary based on your membership level and course enrollment. African Virtual Campus reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services and platforms.

Refunds may be available for paid Services as described in our Refund Policy. Degree and certificate programs are subject to the academic partner responsible for such programs. AVC platforms may be used to enroll in degree programs offered through our college and university partners. Each AVC academic partner serves as the direct distance education providers of its programs; and therefore, determines the policy for admissions, refund, and graduation or completion requirements. Nothing in these Terms of Use shall restrict the applicability to you of any institutional policies established by our academic partners in connection with its programs; and such policies shall supplement these Terms of Use. To the extent that there is a conflict between such policies and these Terms of Use, as between you and our academic partners, our partner’s policies shall govern.

Modifying and Terminating our Services:
AVC is constantly changing and improving its products and services. We may add or remove functions, features, or requirements at any time; and we may suspend or stop part of a services or an entire service. Accordingly, African Virtual Campus may revoke your use of any service for any reason. If your use of a paid service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the services to certain regions or countries for various reasons, including due to applicable export control requirements, internet access limitations, and restrictions from governments. None of African Virtual Campus, its Content Providers, instructors, contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "African Virtual Campus Parties") shall have any liability to you for any such actions.

Indemnification:
You agree to indemnify, defend, and hold harmless the African Virtual Campus Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorney fees and costs, made by any third party related to:
(a) your use or attempted use of the Services in violation of these Terms.
(b) your violation of any law or rights of any third party.
(c) User Contents, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction
The Services and contents are managed by African Virtual Campus, which is located in Dekalb County, State of Georgia (USA) and Montserrado County, Republic of Liberia (West Africa). You agree that any dispute related to these Terms will be governed by the laws of the State of Georgia and Republic of Liberia respectively, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Dekalb and Montserrado counties as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services and contents where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or African Virtual Campus may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and African Virtual Campus. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Revisions to the Terms
African Virtual Campus reserves the right to revise these Terms of Use and conditions at its sole discretion at any time. Any revisions to the Terms and conditions will take effect immediately. For any material changes to the Terms and conditions, AVC will take swift and reasonable steps to notify you of such changes, Pop-up on our website, email notification and any other method, or combination of methods. In all cases, your continued use of the platforms, services and contents after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms of Use.

Severability; Waiver
If it turns out that a particular provision of these Terms and conditions are not enforceable, that will not affect any and all other parts of the Terms and Conditions. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have to take legal actions for misuse of services and/or contents.

Contents Providers
African Virtual Campus's Contents Providers, Course Developers, and integrated services providers are third party beneficiaries of the Terms and conditions and may enforce those provisions of the Terms that relate to them.

Disclaimers
AVC OFFERS NO EXPRESSED OR IMPLIED WARRENTY ON ANY OF ITS SERVICES OR CONTENTS. All SERVICES AND CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. THE AFRICAN VIRTUAL CAMPUS PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE AFRICAN VIRTUAL CAMPUS PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENTS. BY REGISTERING WITH AVC OR SUBSCRIBING TO ITS PLATFORMS, YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AFRICAN VIRTUAL CAMPUS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

(B) ANY CONDUCT OR CONTENTS OF ANY PARTY OTHER THAN THE APPLICABLE AVC PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT.

(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENTS OR INFORMATION. IN NO EVENT SHALL AFRICAN VIRTUAL CAMPUS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY AFRICAN VIRTUAL CAMPUS FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

BY USING THE AVC SERVICES AND PLATFORMS, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE AFRICAN VIRTUAL CAMPUS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO AFRICAN VIRTUAL CAMPUS'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU ALSO AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.