The Organisation for Economic Co-operation and Development (“OECD”), an international organisation having its headquarters at 2 rue André Pascal 75016 Paris, France,  has set out the following Terms of Service agreement (“TOS”) to set forth the legally binding terms and conditions between you and the OECD for your use of the Global Teaching InSights platform (the “Platform” or “GTI Platform”) and the services, features, content, products, resources, materials and applications offered by OECD and/or third parties through the GTI Platform (collectively with the Platform, the “Service” or “Services”). Please note that our Code of Conduct, which can be found here, is incorporated herein.

By registering a user account on the Platform (“Registered User”), or by using the Platform without registering subject to the display of these TOS on the Platform, you expressly acknowledge that you have read and agreed to be bound by all of the terms and conditions of these TOS. Registered Users and non-registered users may be individually, and collectively, referred to in these terms as “you” or “user” and our reference to “you” should be interpreted based on the context of your usage (i.e., as a Registered User or non-registered user).  If you do not agree to these TOS, please do not access or use the Services.

The OECD may amend the TOS at any time at our sole discretion, and effective immediately upon posting the amended TOS to the Platform. We encourage you to monitor this page periodically to stay aware of any change to the TOS. Where we make material changes to the TOS, we will provide notice on the GTI Platform of the amended TOS, and your continued use of the GTI Platform and Services means that you agree to the amended version of the TOS. If you do not agree with any amendments, you should cease to use or access the GTI Platform or Services, either on a registered or unregistered basis.

Registering for an account

In order to be able to access the non-public areas of the GTI Platform, such as resources, learning materials and forums, you will need to register for an account. Registration for an account on the GTI Platform is optional. If you choose not to register, you can still access the GTI Platform. However, features that require registration will be unavailable to you.

If you register for an account, you must provide a valid email address and promptly update this information should it change. You must maintain the security of your account and if you suspect it has been accessed by someone without your permission, you must promptly notify us.

User Behaviour

Your use of the Services is governed by and subject to clear expectations and values surrounding behaviour and conduct, including as set out in the Code of Conduct, which is incorporated herein. The OECD will not tolerate, in its Services, any violations of the Code of Conduct or any of the following content or behaviour (“Prohibited Content and Behaviour”):

• Verbal abuse and personal attacks, including the use of offensive language, profanities, defamatory comments, or offensive names or nicknames
• Racism
• Sexism
• Anti-Semitism
• Homophobia
• Cyberbullying and trolling
• Threats
• Sexually explicit posts or images or links to pornography
• Content or behaviour in any form that is in any way unlawful, threatening, offensive, objectionable, indecent, bigoted or prejudicial to ongoing legal proceedings, libellous, obscene, in contempt of court or in breach of any obligations of confidentiality or copyright
• Infringement, misappropriation or violation of any industrial or intellectual property rights (including, any patent, licensing, trademark or copyright) of the OECD or any third party
• Misappropriation or violation of any contract or third-party rights
• Tortious acts
• Fraud
• Spamming
• Links to unrelated web addresses and marketing
• Advertising of products or services, whether for profit or not, including but not limited to job vacancies
• Flooding, including bumping multiple old threads
• Sock puppets or the impersonation of another person
• Re-posting previously deleted material, threads, or posts
• Instructions for illegal or harmful acts
• Links to pirated software, copyrighted material, computer games, counterfeit goods, or otherwise harmful websites and materials
• Chain letters, money making, pyramid schemes, raffles, lotteries, quizzes, or activities involving the taking of money
• Collection, use, or distribution of personal data and information from the Platform for use other than for the purposes of participating in the Platform

Your responsibility

You are responsible for following and upholding, and you will abide by, these TOS. By using the Services, you accept that you can be held legally accountable for actions and comments in connection with your use of the Services.

Any User Content (as defined in the User Content Licensing Terms below) or feedback that you voluntarily post on the GTI Platform may be collected and used in accordance with the User Content Licensing Terms below. Please be careful to not disclose any personal data where you do not have authority to do so, and to be highly considerate of what you say and post. You understand that we cannot control and are not responsible for the actions of other users.

You specifically acknowledge and agree that the OECD is not liable for any Prohibited Content and Behaviour by you or any other user.

Our responsibility

We will endeavour to take the relevant steps promptly when we become aware that individuals and users have breached the Code of Conduct or these TOS herein, but the OECD is unable to monitor every user behaviour or communication in real-time. The OECD is not responsible for the opinions, content, or information posted on the GTI Platform by others. We may, in our sole discretion, remove or reject at any time posts and comments and materials that are not aligned with the Code of Conduct, our Privacy Policy, our Copyright Policy below, or these TOS.

Users are invited to report any Prohibited Content and Behaviour on the Platform by email to [email protected].

The OECD reserves the right to suspend or terminate any part or portion of the Services, terminate your access to the Platform, delete your user profile, and remove any or all User Content you submit to the GTI Platform if we reasonably believe that you are misusing such Services or are otherwise in violation of these TOS. The OECD will endeavour to give you notice of such suspension or termination where circumstances permit. Even after your right to use the Service is terminated or suspended, these TOS will remain enforceable against you.

User Content Licensing Terms

The Services may allow you to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content (including video content and photographs), and messages, and other materials or submissions (“User Content”). You also may separately submit to us feedback, ideas, or suggested improvements regarding the Platform or Services (“Feedback”). For clarity, Feedback shall not constitute User Content.

You understand that you will not have any industrial or intellectual property rights in the Platform, Services or its supporting materials, including any improvements or modifications to the same based on your Feedback. Any Feedback you provide will be the exclusive property of the OECD. To the extent you own any rights in Feedback, you hereby assign to us all right, title and interest in and to such Feedback.

By posting, uploading, or linking to User Content through use of our Services, you hereby grant to the OECD and its sub-licensees (which may include academic or governmental partners, teaching federations and communities, and research institutions, as well as teachers, educators, and school leaders the OECD authorizes to curate and moderate contents of the Platform and any sub-contractors engaged to provide the Services)  (the “Licensed Parties”) a royalty-free, irrevocable, fully paid-up, sublicensable, transferable worldwide right and license to use, host, store, reproduce, prepare derivative works of, display, transmit, adapt, re-publish (including on the GTI Platform and on other websites and social media platforms) and distribute such (i) User Content (including in modified form) and (ii) your username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with your User Content. This license will be limited as necessary to comply with individual data privacy rights in relation to such User Content. Other users of the Platform are authorized to use, store, reproduce or re-publish the User Content as described above for non-commercial purposes only (including reasonable use in an educational or classroom environment) relating to the use or dissemination of the Platform or any of its contents in accordance with these TOS and the objectives described in the Code of Conduct, and shall be considered as Licensed Parties for such limited purposes.

You hereby release the Licensed Parties and their successors and assigns from any and all claims and demands arising out of or in connection with (i) their use of User Content as agreed to in these TOS and (ii) the use of your Name and/or Likeness as agreed to in these TOS, including without limitation any and all claims for libel or invasion of privacy and any and all claims for royalties or compensation other than as may be expressly provided herein.

Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you including any User Content. The Licensed Parties may choose to use, stop using, reuse, or not use your User Content or Name and/or Likeness at any time. The Licensed Parties’ use of your User Content or your Name and/or Likeness does not imply any endorsement of or any affiliation with you and you will not claim or represent any affiliation with any of the Licensed Parties’ on the basis of such use.  You hereby waive any right to inspect or approve any use of the User Content or Name and/or Likeness by the Licensed Parties as permitted hereunder. 

If requested by the OECD, you will sign any documentation as may be reasonably required to protect, perfect, or enforce any of the rights you have given to us under these User Content Licensing Terms.

Data Privacy

The use of and processing of any personal data processed through the Platform, including personal data associated with your User Content, is governed by the GTI Platform Privacy Policy, which can be found here.

By submitting any multimedia content that can be used to identify an individual (including video content and photographs) or other personal data of others through the Services, you acknowledge that you are aware that such content and personal data will be publicly available and viewable on the Services and may be re-published by the Licensed Parties in accordance with these TOS (including on the GTI Platform and on third-party websites and social media platforms), and you represent and warrant that your submission of such content and personal data for the uses described in the Privacy Policy and these TOS complies with all privacy and data protection laws applicable to such content and personal data and any individuals identified or identifiable therein, including laws governing the use and publication of multimedia content, images, and personal data of students and minor children. To the extent that any such applicable laws require providing notice to and/or obtaining the consent of students or their parents or legal guardians, the blurring of students' faces or obfuscation of their voices, the removal or obfuscation of student identifying information (such as spoken names that can be used to identify the student), or any other steps prior to publishing the content or personal data, you represent and warrant that you have undertaken such steps prior to submitting the content or personal data.

To the extent that the OECD requires you to produce any notice provided to or consent obtained from individuals depicted in a particular video, you agree to produce such notice or consent to the OECD; if such notice or consent is not sufficient, in the OECD's sole discretion, the OECD reserves the right to remove the video from the Platform. You also represent and warrant that to the extent that any individual, parent or legal guardian exercises a legal right to delete or rectify the content or personal data that you have submitted to the Services, you will contact the OECD at [email protected] in relation to such request and provide all relevant information concerning such content or personal data.

Copyright Policy

The OECD respects the intellectual property rights of others and expects users to do the same. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and want to report alleged copyright infringements taking place on or through the Platform or the Services, please send a notice with all of the items below, to the OECD at [email protected] and we will take appropriate action, in our sole discretion, which may include removing the challenged content from the Platform.

• Identification of the copyrighted work that you claim is being infringed;
• Identification of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
• Your name, title (if acting as an agent), address, telephone number, and email address and your electronic or physical signature;
• Both of the following statements:
  1. "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and
  2. “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”.

Please note that if you fail to comply with all of the requirements of this section, your notice may not be valid. Furthermore, we may, in appropriate circumstances, disable or terminate the accounts of infringing users.

You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright.

User Representations and Warranties

You represent and warrant that:

• You are at least eighteen (18) years of age or are legally considered an adult in the country or where you reside;
• You have the full right, power and authority to enter into, grant the rights described in the User Content Licensing Terms and perform your obligations under these TOS;
• You own all rights in and to your User Content and Name and/or Likeness, or have obtained appropriate rights and permissions from any and all other persons and entities who own, manage, or otherwise claim any rights with respect to such User Content and Name and/or Likeness, such that you have all necessary licenses, rights, consents, and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing or performing in your User Content;
• You will not create, post, upload, link to, or engage in, any Prohibited Content and Behaviour; and
• The Licensed Parties’ use of your User Content and Name and/or Likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, or other rights or laws.

User Indemnity

You hereby fully release, discharge, and agree to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any damages, losses, costs, expenses (including reasonable attorneys’ fees), and liabilities arising from claims, allegations, demands, suits, proceedings, or government actions related in any way to (i) your breach of these TOS, (ii) your breach of your representations and warranties (including the infringement, misappropriation, or violation of any intellectual property rights of the OECD or any third party by your User Content);  or (iii) the Licensed Parties’ use of your User Content and your Name and/or Likeness, as permitted by these TOS.

Disclaimers

The opinions expressed by users of the Platform or in User Content are not endorsed by the OECD. We do not control or take responsibility for any content, including but not limited to User Content and Prohibited Content and Behaviour. The GTI Platform may also consist of advice, information, opinions or statements posted by third parties and links to third party sites or references to third party products and services, which third party content, sites, products and services the OECD does not endorse, control, or take responsibility for. We therefore accept no liability in respect to the accuracy or truthfulness of any advice, information, or data posted or shared by third parties in connection with the Services or links to the Services, or the outcomes arising from your use of such advice, information, or data.

We reserve the exclusive right in our sole discretion to alter, limit or discontinue all or part of the GTI Platform and/or its contents. Under no circumstances shall we be liable for any loss, damage, liability or expense suffered which is claimed to result from use of the GTI Platform or the content provided therein (including but not limited to User Content), including without limitation, any fault, error, omission, interruption or delay, however such damages are caused. Use of the Platform, or any component thereof, is at the user's sole risk.

Information or content made available via the GTI Platform does not imply the expression of any opinion whatsoever on the part of the OECD or its Members concerning the legal status of any country or of its authorities. The content, as well as any data and any maps displayed are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.

Applicable Law and Dispute Resolution

Given the status of the OECD as an international organisation, the rights and obligations of the OECD and the rights and obligations of the user shall be governed exclusively by these TOS.

Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of the TOS, including their existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be Paris (France). The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal, or if this renunciation is not legally possible, the parties expressly agree that if an award rendered by the arbitral tribunal is annulled, the jurisdiction ruling on the annulment proceedings cannot rule on the merits of the case. The dispute will therefore be settled by new arbitral proceedings in accordance with this clause. The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal.

Privileges and Immunities

Nothing in these TOS shall be construed as a waiver of any privileges and immunities to which the OECD is entitled under international or national law, including any privileges and immunities agreement.

Last updated: 1 November 2020.