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Terms of Use – Learning Management System

Last update: July 26th, 2017

The Learning Management System ‘Canvas’ (LMS) is provided for free by the University of Amsterdam (also referred to as UvA, we/us/our) Instructure Global Ltd. will provide the University access to the LMS. The use of the LMS is subject to the following conditions and restrictions (Terms of Use). Access to and use of LMS is only available to a user, being a (natural) person affiliated with UvA in any way, including its personnel, faculty staff, and/or students, who is authorized by the UvA to access and use (a part of) the LMS (User). By using LMS, User agrees to the terms as set out below.

1.            Admission

1.1          Only UvA’s students, UvA’s staff and any other person with an official UvA account provided by UvA may enter the LMS.

2.            User obligations

2.1          User agrees to:

a.            comply with all applicable laws, rules and regulations, including the Privacy Policy, and the UvA’s regulations for computer and network use (Network Use Regulations) and these Terms of Use;

b.            use reasonable security precautions with regard to entering the LMS;

c.            cooperate with UvA’s reasonable investigation of outages, security problems, and any suspected breach of this Terms of Use;

d.            comply with all license terms or terms of use for any software, content, or website, if communicated by UvA, when it uses or accesses the LMS;

e.            give UvA accurate, current, and complete information that may be useful and required for performance of the LMS and shall guarantee that provided information shall be correct and complete;

f.             use reasonable efforts to prevent unauthorized access to or use of the LMS, notify the UvA of any known or suspected unauthorized use of User's account, or any other breach of security. If there is a conflict between the articles in this Terms of Use and all applicable laws, rules and regulations, rules and regulations will have priority over these Terms of Use.

3.            Availability

3.1          The UvA provides the LMS and its content to the User. To ensure high availability the UvA made a strong agreement with the supplier of the LMS, Instructure Global Ltd (Instructure), located in the United Kingdom (UK). However, it is possible that the LMS is temporarily not available or information is incorrect. For example, the UvA may temporarily suspend the LMS in full or in part for the purpose of carrying out maintenance to the LMS. Therefore, it is the responsibility of the User to be on time when e.g. turning in an assignment. When the LMS is unavailable for a longer time period the User should contact the UvA and not Instructure.

4.            Update Terms of Use

4.1          The Terms of Use may be updated and changed by UvA in its sole discretion at any time. When changes are made, UvA will make a new copy of the Terms of Use available here. Any changes to the Terms of Use will be effective immediately for new Users of the LMS and will be effective does not agree to any change(s) after receiving a notice of such change(s), User shall stop using the LMS. Otherwise continued use of the LMS constitutes the acceptance of the updated Terms of Use.

5.            Intellectual property rights

5.1          Intellectual property rights attached to all software, hardware or other items and facilities (including documentation) provided by UvA, is owned by UvA and/or its licensors, including Instructure. All data, details, information and any other documents or content that the User submits, sends or places in the LMS, remains the property and responsibility of User (User Content). Neither UvA nor Instructure are responsible to pre-screen User Content.

5.2          User grants UvA and Instructure, during its use of the LMS, a fully paid, perpetual, worldwide, irrevocable, royalty-free, non-exclusive and fully sub licensable license to use, distribute, reproduce, modify and adapt its User Content for purposes of operating and providing the LMS.

6.            Suspension

6.1          The User shall not abuse the LMS and shall comply with the Network Use Regulations. Examples of abuse are uploading racist, sexually explicit, holocaust denial, personally insulting and/or homophobic content as well as any content that includes any form of direct calls for violence or other threats. The UvA is entitled to suspend temporarily or refuse access to the LMS indefinitely in case of abuse. If temporary or final suspension is initiated by the supplier of the LMS - Instructure - that suspension will be attributed to the UvA as if it were initiated by the UvA.

7.            Termination

7.1          1             The UvA may terminate User's access to the LMS permanently if:

a.            User uses the in violation of this Terms of Use and fails to remedy the violation within 5 (five) days of the UvA’s notice;

b.            User uses the LMS in violation of this Terms of Use and, in the UvA’s reasonable judgment, termination is necessary to protect UvA, or any third party from operational, security, or other risk;

c.            User's account has been suspended for 5 (five) days or more; or

d.            User fails to comply with any other provision of this Agreement and does not remedy the failure within 5 (five) days of the UvA’s notice to User describing the failure; or

e.            once User is no longer registered with UvA’s Student Information System or employed by UvA. UvA determines, in the UvA’s reasonable judgment, that immediate termination without notice is necessary to protect UvA or any third party, including Instructure, from operational, security, financial or other risk. Upon termination, User must discontinue to use the LMS in every way.

8.            Liability

8.1          All liability for any damage which might be incurred as a result of access to and use of the LMS including any damage resulting from the use of third party websites or applications offered through the LMS is excluded to the extent possible under applicable Dutch law. This limitation of liability applies to UvA as  well as its licensors, including Instructure.

9.            Notices

9. 1        User communications regarding the LMS should be sent to:

University of Amsterdam Attn: Servicedesk ICTS

e-mail:   servicedesk-icts@uva.nl