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Terms and Conditions
Terms and Conditions
General Terms
Before getting started, please review the following terms. Please note that as a Buyer or  Publisher of content via the OpenSesame marketplace you must review and agree to separate terms. You will be presented with such terms at the time you either purchase courses or go through the process of adding content for sale via OpenSesame.
Assuming you agree to all terms, please acknowledge by accepting below. By agreeing to these terms, you are also agreeing to the OpenSesame Privacy Policy.
You understand that OpenSesame can change the general terms of service, separate Buyer and Seller terms, and/or the privacy policy by posting changes to this website. Your ongoing use of OpenSesame indicates that you accept any changes to these terms.
Registration (applies to online OpenSesame user account only)
You understand and agree to the following:
You must use a valid e-mail address and create a username during the registration process.
You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
You agree to let OpenSesame immediately know of any unauthorized use of your account.
If you are less than 13 years old, you may not use OpenSesame. If you are between 13 and 17 years old, then you must have parental consent to use this service. By registering for OpenSesame, you are indicating that you have the capacity to understand these Terms of Service. OpenSesame will not be held liable for any loss or damage for non-compliance.
You understand and agree that OpenSesame does not control, verify or endorse Courses unless explicitly stated.
When registering with OpenSesame, you must provide, and maintain, accurate, current, and complete information about yourself.
OpenSesame reserves the right to refuse the service to any user.
You may only use the OpenSesame website for the limited purpose of researching and purchasing elearning courses. You may not use the OpenSesame website for any other purpose, including, but not limited to, researching OpenSesame customers and partners. You may not collect and record data from the OpenSesame website, except for the limited purpose of researching the potential purchase of elearning courses. Under no circumstances, may you use automated methods to crawl, scrape, or otherwise collect data from the OpenSesame website.
Deactivation
If you are buying a course directly through the OpenSesame website with an online user account, you can deactivate, or terminate, your online user account at any time and for any reason. OpenSesame can also deactivate, or terminate, your online user account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access the OpenSesame marketplace will cease to exist.
Your Warranties
You warrant and represent to OpenSesame that you are: 1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or; 2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the OpenSesame marketplace; 3. You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these terms.
Copyright Complaints
OpenSesame respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please flag the course on the relevant course page and select “copyright violation.”
Other Terms
These terms shall be governed in all respects by the laws of the State of Oregon, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Portland, Oregon and you agree to and consent to the exclusive jurisdiction of such courts. The prevailing party in any suit or action hereunder shall be entitled to recover from the losing party all costs incurred by it in enforcing the performance of, or protecting its rights under, any part of this Agreement, including reasonable costs of investigation and reasonable attorneys’ fees.  If any of these terms are deemed invalid, then the remaining terms shall still be enforced. OpenSesame is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond OpenSesame’s reasonable control. Legal correspondence must be sent via email to: legal-notices@opensesame.com, including termination notices. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.
These terms, including Buyer and Publisher terms that you may separately agree to as part of registering to do business with OpenSesame, represent the complete, entire, and exclusive understanding and agreement between you and OpenSesame. These terms supersedes all prior, written or oral, understandings or agreements.
Buyer Terms
If you purchase courses via OpenSesame from any Publisher in the marketplace, you will be responsible to pay the fee associated with such courses and any applicable taxes. If sales tax is not specified on an invoice, Buyer will self assess and pay any applicable sales tax.
You agree to pay for all courses purchased through the OpenSesame system.
What You Are Buying
When you purchase a course, you are purchasing a non-exclusive license to use that course consistent with the purchased license type. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property, software and goodwill relating to the course will remain with the Publisher. No rights of publicity, brand usage or trademark usage may be permitted for any course for any purposes unless specifically permitted in writing by the Publisher. All course seats are sold for single person usage only and not to be broadcast, or otherwise shared.
If you choose to load course files in a third party delivery platform, such as a learning management system, it is your duty to load, categorize, and assign courses. OpenSesame’s implementation obligations end once such course files are made available for download.
If you access course files from a platform operated by a Publisher, then guidelines and usage rights shall apply.
You agree not to copy, record, edit or alter or otherwise interfere with the courses provided by the Publisher. This shall include without limitation: a) not using recording equipment to record during playback of the courses; b) not overlaying the courses with other audio, video or images or distorting the quality of the training programs; and c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the courses.
You agree not to (or attempt to) interfere with or disrupt the proper operation of the Publisher  or OpenSesame’s software, hardware, systems or networks or courses, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious content.
You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular, you agree that you will not use the courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; c) falsify the origin or source of any content or other material; d) remove, editing or otherwise interfere with any names, marks, logos or branding on the Courses; e) interfere with or disrupt the proper operation of Courses, hardware, software, networks or Courses; or f) use any logo of OpenSesame or its Publishers for branding purposes, marketing, or in any public gathering, including for any presentation unless otherwise provided explicit permission to do so by a Publisher or OpenSesame.
Your right to access and use the courses may not be assigned, transferred or sublicensed by you.
Any courses provided at no cost as part of a promotional program or the sales process may be removed or substituted at will.
Each individual Course purchased will be subject to one of the license types set forth below.  Each Sales Order will clearly set forth the type of license purchased.  All license types shall auto-renew for additional twelve (12) month terms after expiration of the initial term subject to standard OpenSesame pricing changes.
Individual Course Purchase Licenses
When you purchase individual courses, or course bundles, users will have twelve (12) months from the date of purchase to access any individual course.
Site License Purchases
When you purchase a site license an unlimited number of users, from an individual company (limited to a single Internet domain) may access the course for twelve (12) months from purchase (when the order is completed).
Pay Per Use Licenses
Courses purchased via a Pay Per User (PPU) license (available via OpenSesame sales representative only) pay for courses that are accessed by users.
OpenSesame Plus (Plus) Subscription Licenses
OpenSesame Plus Complete purchasers may access an unlimited number of courses made available via the Plus subscription while the subscription fee, whether it be monthly or annual, is current. The Plus library is a specific subset of OpenSesame courses and is subject to change from time to time at OpenSesame’s discretion.
Plus 25
Plus licenses may be purchased as Plus 25. Plus 25 is offered at a discount to Plus pricing. The Plus library is limited to 25 Courses. Courses may be substituted once every six (6) months. Course curation / selection services are not offered.
Plus 100
Plus licenses may be purchased as Plus 100. Plus 100 is offered at a discount to Plus pricing. The Plus library is limited to 100 Courses. Courses may be substituted once every three (3) months. One (1) hour of Course curation / selection services per year is offered.
Accessed Courses
 For Pay Per Use Licenses, a Course is deemed accessed when the greater of two (2) minutes or 50% of a course is taken. In the case of OpenSesame Plus, a seat is deemed used when a single course is accessed. In the case of Individual Course Licenses, a Course is deemed accessed upon initial launch.
Pay Per Use Program
OpenSesame’s PPU program is offered either as a Full Service or Self Service.
If you are Purchasing the Full Service PPU program, OpenSesame will assist you in selecting and managing your PPU course library. OpenSesame will provide phone, chat and email support. You will be invoiced monthly for course usage. In exchange, you will be required to make a non-refundable deposit.
If you are Purchasing the Self Service PPU program, you will sign up for an online account to pay for courses on a monthly basis via credit card. You will not be required to make a non-refundable deposit. You will be responsible for selecting your own courses and managing your PPU library. OpenSesame will provide chat and email support.
No Liability
OpenSesame, and its Publishers, are not liable for, nor do OpenSesame and its Publishers make any warranties or representations of any kind as to the courses provided by any Publishers via the OpenSesame marketplace. OpenSesame and its Publishers disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, non-infringement, reliability, or availability of information or materials displayed on, or delivered via OpenSesame. You are responsible for conducting your own research before choosing a course. This is the case even in the event that you request assistance from OpenSesame in selecting courses. OpenSesame's cumulative liability for any claim will be limited to the fees received via the sale of courses over the preceding 12 months.
To the extent permitted by applicable law, you agree to release and waive any and all claims and/or liability against OpenSesame and its Publishers arising from your use of the OpenSesame website or services, including any Courses. You also agree to defend, indemnify, and hold harmless OpenSesame and its Publishers from and against any and all claims, damages, obligations, losses, liabilities (including attorney’s fees) arising from: (i) your use of and access to the OpenSesame website or services, including any Courses, in breach of these Terms and Conditions; and (ii) any act by you that violates any intellectual property rights of OpenSesame or its Publishers.
Course Substitutions and Refunds
OpenSesame retains the right to substitute substantially similar courses for those initially selected as necessary. OpenSesame also reserves the right to remove courses from the OpenSesame marketplace. In the event that you purchase a Volume Purchase License and a purchased course is removed, OpenSesame shall issue a pro rata refund of the purchase price for such course. OpenSesame generally reserves the right to cancel an order and refund your money for any reason, including the case where course pricing was published in error.
Publicity
You agree, if requested, to supply your logo for inclusion on the OpenSesame website and printed marketing materials; to provide a customer testimonial for use on the OpenSesame website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing.
Reporting Unethical Behavior
If you believe you have witnessed an employee or representative of OpenSesame engaging in unethical or illegal conduct, please notify our legal team via email at legal-notices@opensesame.com or via our anonymous hotline at 833-222-4148.
Agree to Terms*