Terms of Use

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Welcome to Hatua Network, Inc. (“Hatua,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website (the “Site”) and the Skills for the Future Curriculum (as defined below) portal within the Site (the “Portal”), along with any services, content, and materials made available through them (collectively, the “Services”). By accessing or using the Site, Portal and Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Site, Portal and Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site, Portal and Services.

2. Modifications to Terms

Hatua reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Site, Portal and Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review these Terms periodically to stay informed of any updates.

3. Eligibility

You must be at least 18 years old to use the Site, Portal and Services. By using the Site, Portal and Services, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement. If any user is below the age of 18 years, they must have the permission of their lawful guardian to use the Site, Portal and Services. It is important to note that based on the Skills for the Future Curriculum, most users are expected to be program implementers who use it to teach or guide students under the age of 18 years.

4. Creating an Account

4.1 Account Registration

To access certain features of the Site, Portal and Services, you shall be required to create an account. During the registration process, you agree to provide accurate, current, and complete information about yourself and your intended use of the Site, Portal and Services. You must promptly update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Hatua immediately of any unauthorized use of your account or any other breach of security. Hatua will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4.3 Account Termination

Hatua reserves the right to terminate or suspend your account at any time for any reason, including if you violate these Terms. Upon termination, your right to access and use the Site, Portal and Services will immediately cease.

5. Use of the Site, Portal and Services

5.1 Skills for the Future Curriculum

Hatua provides an extensive curriculum for youth education and empowerment and skills development called “Skills for the Future” (the “Skills for the Future Curriculum”). The Skills for the Future Curriculum is based on years of Hatua’s experience in guiding youth education, empowerment, and skills development initiatives, and comprises what Hatua believes to be the best cutting-edge information and practices in the corpus.

5.2 License to Use the Curriculum

Hatua licenses the Skills for the Future Curriculum to users under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0) subject to the following terms and conditions in this Paragraph 5.2 (the “Curriculum License”):

A. Under the Curriculum License, you may:

(i) Share: Copy and redistribute the Skills for the Future Curriculum;

(ii) Adapt: Modify, transform, and build upon the material; and

(iii) Use Commercially: Utilize the material for commercial purposes.

B. Your use of the Curriculum License is subject to these conditions:

(i) Attribution: Provide appropriate credit, include a link to the Curriculum License, and indicate if changes were made;

(ii) ShareAlike: If you modify or build upon the material, distribute your contributions under the same terms and conditions as this Curriculum License; and

(iii) Share Only Through Hatua’s Portal: When sharing the Skills for the Future Curriculum, do not distribute downloaded material. Instead, provide a link to the Portal allowing recipients to download the material from there.

5.3 Annual Survey

As a condition of using the Site, Portal and Services, you agree to complete an annual survey provided by Hatua. The full terms are in the Annual User Survey Agreement (link). This survey helps us improve the Site, Portal and Services, and track the number of users. Hatua reserves the right to terminate or suspend your access to the Site, Portal and Services if you fail to complete the annual survey or otherwise violate these Terms.

6. Intellectual Property Rights

6.1 Ownership

The Site, Portal and Services, and all materials provided through the Site, Portal and Services, including but not limited to the Skills for the Future Curriculum, text, graphics, logos, and software, are the property of Hatua or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

Except for the Curriculum License, which is governed by separate terms as detailed in Paragraph 5.2 above, and subject to your compliance with these Terms, Hatua grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site, Portal and Services for your personal, non-commercial use.

6.3 Restrictions

With the exception of the Curriculum License, which is governed by separate terms as detailed in Paragraph 5.2 above, and subject to your compliance with these Terms, you agree not to:

(i) Reproduce, distribute, publicly display, or publicly perform the Site, Portal and Services or any part thereof without Hatua’s prior written consent;

(ii) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, Portal and Services; and

(iii) Use the Site, Portal and Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site, Portal and Services.

7. User Content

7.1 Responsibility for User Content

You are solely responsible for any content that you upload, post, or otherwise transmit through the Site, Portal and Services (“User Content”). You agree not to upload, post, or otherwise transmit any User Content that:

(i) Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy;

(ii) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; and

(iii) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

7.2 License to User Content

By uploading, posting, or otherwise transmitting User Content through the Site, Portal and Services, you grant Hatua a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site, Portal and Services and Hatua’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site, Portal and Services in any media formats and through any media channels.

8. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

9. Cookies

9.1 Use of Cookies

Hatua uses cookies and similar tracking technologies (such as web beacons, pixels, and device identifiers) to enhance your experience on the Site, Portal and Services. Cookies are small text files that are placed on your device by a web server when you access the Site. These technologies collect information about your device, browsing behavior, and interactions with our Site, Portal and Services to: (i) Improve website performance and functionality; (ii) Personalize your experience and content; (iii) Analyze website traffic and user behavior; (iv) Deliver targeted advertising; and (v) Enable social sharing features.

9.2 Managing Cookies

You can control and manage cookies through your browser settings. Please note that disabling cookies may affect the functionality of the Site, Portal, and may impact your ability to use certain features of the Site, Portal and Services.

10. Moodle

10.1 Moodle Platform

Hatua uses Moodle as the learning management system for delivering the Skills for the Future Curriculum and related content on the Site and Portal. Moodle is an open-source platform that supports our educational objectives.

10.2 Moodle Account

When using Moodle, you may be required to create a separate account. Your use of the Moodle platform is subject to the Moodle Terms of Service and Privacy Policy.

11. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Site, Portal and Services that contains typographical errors, inaccuracies, or omissions that may relate to our Services, including, without limitation, the Skills for the Future Curriculum. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel any transactions if any information on our Site, Portal, or in the Services or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information on or related to the Site, Portal and Services, except as required by law.

12. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, Portal and Services or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Portal and Services or any related website for any of the aforementioned violations.

13. Privacy

Your use of the Site is subject to Hatua’s Privacy Policy. Please review our Privacy Policy, which governs our collection, use, and disclosure of your personal information.

14. Disclaimers

14.1 No Warranty

THE SITE, PORTAL AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HATUA DOES NOT WARRANT THAT THE SITE, PORTAL AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.2 No Endorsement

Any reference to specific products, processes, or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Hatua.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HATUA, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS 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 SITE, PORTAL AND SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, PORTAL AND SERVICES, (C) ANY CONTENT OBTAINED FROM THE SITE, PORTAL AND SERVICES, AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HATUA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

16. Miscellaneous

16.1 Entire Agreement

These Terms (and our Privacy Policy and Annual User Survey Agreement, which are incorporated herein by this reference) constitute the entire agreement between you and Hatua regarding the use of the Site, Portal and Services and supersede any prior agreements between you and Hatua relating to the Site, Portal and Services.

16.2 Severability

In the event that any provision of these Terms shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of these Terms shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction.

16.3 Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Hatua’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

16.4 Governing Law, Dispute Resolution, and Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles.

You agree to first attempt to resolve any dispute arising under these Terms through informal negotiation in good faith. If the parties are unable to resolve the dispute within thirty (30) days of the date a written dispute resolution request is made, you or Hatua may initiate mediation. The mediation shall be conducted in New York City, New York, and the parties shall share equally in the costs of the mediation.

If mediation is unsuccessful, any remaining dispute arising out of or relating to these Terms shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be held in New York City, New York, and the arbitrator shall be a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator shall have the power to award any remedy permitted by law, including but not limited to, injunctive relief and specific performance. The award rendered by the arbitrator shall be final and binding and may be entered as a judgment in any court having jurisdiction thereof.

YOU HEREBY AGREE THAT ANY DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR REPRESENTATIVE CLAIM.

YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

You agree to waive any objection to venue and jurisdiction in such courts and consent to personal jurisdiction in such courts. Service of process may be made upon either party by certified or registered mail, return receipt requested, to the address provided by such party.

16.5 Contact Information

If you have any questions about these Terms, please contact us at curriculum@hatuanetwork.org.

By using the Site, Portal and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.