The following terms (“Terms of Use”) constitute an agreement between OpenCV.org, which operates under the Open Source Vision Foundation (“OpenCV”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by OpenCV (the “Website”), which includes our courses (the “Courses”), located at https://opencv.org/. You will also be subject to the Privacy Policy for our Website and Course, a copy of which may be found at https://opencv.org/privacy-policy/ and which is herein incorporated by reference.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. OpenCV reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
PURCHASE POLICIES
You may purchase the Course on the Website. The Course is provided through video content and reading materials that are hosted by OpenCV on the Website and includes membership in a discussion forum for Course participants (“Participants”) (the “Course Material”). The Course also includes downloadable code and access to an online lab where Participants can run code (collectively with the foregoing, “Course Material”). Course Material is available only to those who have enrolled in the Course.
After purchase, you will have access to the Course for one year after you start the course.
Without prejudice to, and in addition to any other right or remedy that we may have, if you fail to pay us any invoice on the due date, we may suspend your access to the Course, Course Materials and Your participation therein until payment has been made in full.
Should You choose to terminate your participation in the Course, your access to the Course and Course Material will be revoked, You will not be refunded any cost of the Course already paid, and You will still be required to pay any outstanding balance owed for the cost of the Course.
Refund Policy
In order to receive a refund you must contact [email protected] and request a refund within 14 days of starting the purchased Course. If you have purchased a Course bundle, you must contact [email protected] and request a refund within 14 days of starting your first Course in the Course bundle. In the case of Course bundles, refunds will be for the entire bundle and refunds for individual Courses therein will not be granted. Once a refund request is approved, you will no longer have access to the Course and/or Course bundle.
OpenCV does not provide a refund if the course was purchased through a crowd sourcing campaign like Kickstarter.
Modifications
OpenCV reserves the right to modify or discontinue, temporarily or permanently, the Course (or any part thereof) with or without notice. You agree that OpenCV will not be liable to you or to any third party for any modification, suspension or discontinuance of the Course. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law.
Fees
To the extent the Course or any portion thereof is made available for any fee, you will be required to select a payment plan and provide OpenCV or OpenCV’s third party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to OpenCV that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay OpenCV the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize OpenCV to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let OpenCV know within sixty (60) days after the date that OpenCV charges you. OpenCV reserve the right to change the price of the Course. Your continued use of the Course after the price change becomes effective constitutes your agreement to pay the changed amount.
Registration & Restricted Access
Access to the Course is restricted to Course members. When You register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential. If you suspect your password has been compromised, you must notify OpenCV immediately at [email protected]. OpenCV will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to OpenCV or other third parties for any losses incurred due to such unauthorized use.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. When you register with OpenCV, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your registration without refund, in OpenCV’s sole discretion. OpenCV may disable your username and password at its sole discretion, refuse to register a user for the Website or Course, remove or edit any content contributed to the Website or cancel any User Account. OpenCV may, without notice, refuse access to its Website or the Course, in whole or part, to any person that fails to comply with these Terms of Use. OpenCV reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
GENERAL DISCLAIMER
OpenCV has made every effort to ensure that all information on the Website and Course has been tested for accuracy. OpenCV makes no guarantees regarding the results that you will see from using the information provided on the Website or Course. OpenCV makes no guarantees regarding the source code provided in the Course, whether provided from OpenCV or a Participant.
OpenCV disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information, including source code, provided on the Website or Course. OpenCVs assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information or source code found on the Website or Course. You understand and agree that you use and download the source code at your own risk.
YOUR RESPONSIBILITY
The Website and Course were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from Your use of the Website and participation in the Course. OpenCV makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that OpenCV is not responsible for Your results or any expenses that You may incur as a result of Your purchase. OpenCV assumes no responsibility for errors or omissions that may appear on the Website or in the Course.
Confidentiality & Privacy
OpenCV respects Your privacy and insists You agree to respect the privacy of OpenCV. Any confidential information (“Confidential Information”) shared by any OpenCV representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the OpenCV’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Agreement. By purchasing this Course, you agree that if you violate or display any likelihood of violating this Agreement the OpenCV and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Public Forums and Links
“Public Forum” is any area, site or feature offered as part of the Course (including, without limitation, discussion forums, message boards, blogs, guides, activity walls, hashtag streams, chat rooms, emails or personal messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Generated Content (as defined below), and/or (b) to communicate, share, or exchange User Generated Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. OpenCV DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
USER GENERATED CONTENT
By submitting or posting text, code, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to the Website (“User Generated Content”), you grant to OpenCV a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website, to store and distribute the User Generated Content, and to use the User Generated Content for promotional and marketing purposes. OpenCV reserves the right to edit, modify, or create derivative works from the User Generated Content, and you shall have no rights with respect thereto unless we agree otherwise. All User Generated Content is the sole responsibility of the person who provided it. OpenCV reserves the right to, in its sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of OpenCV.
RULES FOR USER GENERATED CONTENT
By submitting or posting User Generated Content, you agree to the following rules:
- You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Generated Content;
- The User Generated Content will not damage you, us, or any third party;
- The User Generated Content is accurate and complete;
- The User Generated Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use;
- The User Generated Content does not advertise, promote, or solicit business without the prior written consent of OpenCV; and
- You will not do or attempt to do anything to harm, disrupt, or interfere with OpenCV’s security, website, system, accounts, passwords, servers, data, or networks.
OpenCV has sole discretion when determining whether certain User Generated Content violates any of its rules and to remove any User Generated Content. OpenCV further reserves the right to, in its sole discretion, remove or block any user who violates any of its rules.
OPENCV IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
User Generated Content is the sole responsibility of the person(s) who created it, and OpenCV and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. OpenCV and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Generated Content, nor does it assume responsibility or liability that may arise from the User Generated Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, OpenCV is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website or Course.
REGISTRATION
Much content and User Generated Content may be viewed without registering for a User Account. However, if you wish to submit User Generated Content, post a comment, or participate in certain forums, you will be required to become to register for a User Account. You agree to provide true and complete information at the time of registration, and to promptly update such information if changes occur. You alone are responsible for maintaining the confidentiality of your password.
USE OF THE WEBSITE
Unless otherwise stated, OpenCV owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of OpenCV’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to OpenCV.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without OpenCV’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without OpenCV’s express written permission.
You may use the source code that is provided on the Website for your use, subject to the license found here: https://opencv.org/license/.
INTELLECTUAL PROPERTY
All original materials provided by OpenCV are owned by OpenCV. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of OpenCV’s intellectual property. All intellectual property remains the property of OpenCV. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. OpenCV will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute OpenCV’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“OpenCV IP”). You are not authorized to use any OpenCV IP without OpenCV’s express consent. Ownership of OpenCV IP remains with OpenCV and You agree not to make any claims or assertions of any other party’s ownership of OpenCV IP.
“OpenCV” is a trademark of OpenCV and is protected by United States trademark law. OpenCV’s trademarks and trade dress may not be used in connection with any product or service that is not OpenCV’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits OpenCV.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, OpenCV may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that OpenCV shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by OpenCV or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
OpenCV’s trademarks and trade dress may not be used in connection with any product or service that is not OpenCV’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits OpenCV, https://opencv.org/, Satya Mallick, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to OpenCV’s services. These trademarks are the respective property of their owners.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
GRANT OF RIGHTS
You grant OpenCV a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website, including but not limited to User Generated Content. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant OpenCV the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or OpenCV or a third party.
OpenCV reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on OpenCV’s servers; or, (iii) hosted or published on the Website. OpenCV takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding OpenCV’s rights under the Terms of Use, OpenCV does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or OpenCV;
- spam;
- hate speech;
- defamatory to OpenCV or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send OpenCV an email, register to use the Website or provide your email to OpenCV in any other way, you consent to receive communications from OpenCV electronically. You agree that all legal notices provided via electronic means from OpenCV satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by OpenCV. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. OpenCV assumes no control or liability over the content of any third-party sites. You expressly hold harmless OpenCV from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold OpenCV harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. OpenCV makes no representations or warranties in relation to the Website, or the information and materials provided therein.
OpenCV makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. OpenCV is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
Any source code on the Website is provided “as is” and “with all faults.” OpenCV makes no representations or warranties of any kind concerning the safety, suitability, lack of viruses, inaccuracies, typographical errors, or other harmful components of the source code. There is inherent risk in the use of any source code, and you are solely responsible for determining whether any source code is safe and compatible with your equipment and other software installed on your equipment. You are also solely responsible for the protection of your equipment and backup of your data, and OpenCV will not be liable for any damages you may suffer in connection with using, modifying, or distributing the source code.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, OPENCV WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold OpenCV, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which OpenCV suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in San Diego, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without OpenCV’s prior written consent, however, the Terms of Use may be assigned by OpenCV in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by OpenCV.
All notices with respect to the Terms of Use must be in writing and may be via email to
[email protected] for OpenCV and to your email address.
Last updated: January 28, 2019.
