ANU Community Terms of Service

Last updated March 30, 2020

Plain English summary:

The ANU Community Platform is owned by SystemSeed but any content that you upload as a Teacher or Organisation is owned by you.

Any users under the age of 18 must have the permission of their parent or guardian in order to use the ANU Community Platform.

You are responsible for managing any payments and taxes for courses that you distribute through ANU Community.

Please read this document carefully

This document sets out the terms for use for ANU Community. It governs both our Course & Content Creators (“Teachers”) and our end users (“Students”). When we refer to “You”, we mean both our Teachers and Students or just our Teachers or our Students (don’t worry, we’ll make it clear who we’re talking to, but when in doubt, we’re talking to you). SystemSeed (the owner of ANU Community) is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.

Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to ANU Community, whether you are a visitor, guest, Teacher, Student, etc.

The ANU Community platform can be found at https://ANU.Community, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by SystemSeed Digital Services LLC (SystemSeed) under the name of ANU Community. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

I. Introduction

ANU Community by SystemSeed Digital Services LLC, ("ANU Community") provides an open online content creation platform designed to allow Teachers to build, design, publish, and sell courses and services (“Content”) to their Students. ANU Community offers this Content creation platform along with a number of additional services and tools and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “ANU Community Services”.

By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access the ANU Community Platform in any manner.

ANU Community is neither a content provider nor an educational institution. Teachers and Students are not employees of SystemSeed or ANU Community. SystemSeed is not responsible for interactions between Teachers and Students, with the exception of providing the technological means through which Teachers may broadcast and otherwise make their Content available. SystemSeed and ANU Community are not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Teacher/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.

As stated in our Privacy Policy, ANU Community only provides Teachers with limited information about the Students enrolled in their Content, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Teacher upon the enrollment of a Student in the Teacher’s Content. SystemSeed and ANU Community do not provide, sell, rent, release, disclose, etc. Student data to Teachers for monetary or other valuable consideration.

Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Teacher on the Platform.

II. Age of Access

A. You must be at least 18 years old to use the Platform, or, if you are under 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform).

For children under the age of 13 we require a parent or guardian to set up an account in their own name for the child to use. We do not intentionally collect any data on children under the age of 13.

III. License to Teachers & Students

A. SystemSeed grants You a limited, non-exclusive license to access and use the ANU Community Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without SystemSeed’s express written consent. Except as expressly permitted by SystemSeed in writing, you will not try to reproduce the ANU Community Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by SystemSeed are reserved.

IV. Code of Conduct

A. To ensure the best environment for all users, we required all Teachers, Organisations and Students to abide by the following rules

No Illegal Activity: You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud: Fraud will not be tolerated in any capacity.
No Bad Code: Do not use ANU Community to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
No Spamming: You may not use ANU Community to engage in any activities that will result in sending spam to anyone on ANU Community, including SystemSeed (and its employees), or ANU Community Teachers, and Students.
Be Civil: We offer an open platform to allow many types of subjects to be taught. Whether or not you agree with the subject-matter being shared, you are required to act in a civil and respectful way at all times.
No Exploitation: You will not use ANU Community to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content.
No Impersonation of SystemSeed, ANU Community or its Employees: You will not impersonate or purport to represent SystemSeed, ANU Community or any of its employees.
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended.

B. If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from ANU Community. Whether conduct violates our Code of Conduct will be determined in SystemSeed’s sole discretion.

V. Course and Services Content

A. For a number of reasons, there are certain subject matter types that we do not allow to be published in ANU Community.

SystemSeed reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement.

VI. Services

A. SystemSeed may provide the opportunity for Teachers to sell offerings (“Services”) to Students in addition to the courses that the Creator sells on the Platform (together Services and courses are referred to as Content). All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third party content, You agree that SystemSeed is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Services is the sole responsibility of the Creator.

VII. Intellectual Property and Your Content

We want to make it simple for You to know exactly what You are getting into when You join the ANU Community.

A. ANU Community Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "ANU Community Content", and is and remains the sole property of SystemSeed. ANU Community Content, including our trademarks, may not be modified by You in any way

B. Your Content: Content that You upload to the Platform is and remains Your content. SystemSeed does not claim any intellectual property rights over the materials You upload to ANU Community by virtue of Your use of our services. By uploading your content to ANU Community, You agree that:

SystemSeed may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but SystemSeed has no obligation to review anything that You upload
You are uploading Your content to ANU Community at Your direction and that SystemSeed does not in anyway certify or provide approval or permission prior to You uploading Your content
SystemSeed may display Your content to other users (e.g. Your Students) via ANU Community
You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
You agree to provide SystemSeed with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the ANU Community Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)
You are responsible for and own, or have the rights to use, all of Your Content.

C. Content Free of Infringement of Any Third Party Rights

You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

a) In plain language, this means that if you’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in your Content, you’ve gotten the content owner’s permission to use it. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content

VIII. SystemSeed’s General Rights In Operating The ANU Community Platform

A. SystemSeed reserves the following rights over the entire ANU Community Platform:

SystemSeed may modify, terminate, or refuse to provide ANU Community Services at any time for any reason, without notice.
SystemSeed may remove anyone from ANU Community at any time for any reason, solely at SystemSeed's discretion. This right is not modified by any other section of this Agreement.
SystemSeed may, but has no obligation to, monitor any content that appears on ANU Community or review any conduct occurring through the Platform, including any interactions between Teachers and Students and SystemSeed employees.
SystemSeed reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
If You close Your account or terminate Your ANU Organisation, SystemSeed may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
SystemSeed reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.
SystemSeed has, at its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.

IX. Trademark Violations

A. Trademark Infringement

For claims of trademark infringement, SystemSeed requests that any notices sent to SystemSeed’s Designated Agent contain:

a) Information describing your trademark or service mark

b) The registration number, if applicable

c) Basis for your trademark claim

d) Jurisdiction in which you claim trademark rights, and

e) Class of goods or services and accompanying description for which you assert trademark rights

B. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.

X. Third Party Communications

A. By using the ANU Community Platform, You may receive communications from third parties (e.g. a Teacher may communicate with a Student). SystemSeed is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. SystemSeed assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

XI. Third Party Offerings

A. Through ANU Community, You will have the ability to access content, links to websites, and services provided by Teachers, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. SystemSeed does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

XII. Payments

A. SystemSeed processes fees for the use of ANU Community by teachers. SystemSeed does not process any payments for Students accessing content. Payments and payment processing for Students are the sole responsibility of each ANU Organisation and/or Teacher.

B. Teachers and ANU Organisations’ responsibility for payments

a) You acknowledge that SystemSeed does not control any payment processing fees that may be assessed through your chosen payment gateway. SystemSeed does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay your authors or affiliates. ANU Organisations and Teachers are responsible for making payments to authors and affiliates on their own.

e) SystemSeed does not have any responsibility to pay, remit, or otherwise send to any relevant tax authorities, taxes owed, including sales taxes, on Content you sell whether held on ANU Community or elsewhere.

C. Taxes

a) EU Value Added Tax (EU VAT)

(1) Receiving Student Payments

You agree to the following:

(a) For the avoidance of doubt, SystemSeed is solely acting as Your agent. By processing Content payments through a payment gateway of your choice, You are agreeing that You are the principal and are appointing SystemSed as the delivery agent for Your Content. The Teacher is the supplier of the Content.

(b) SystemSeed is not responsible for interactions between Teachers and Students and only provides the technological means through which Teachers may make available their Content.

(c) Teachers using payment gateways are solely responsible for all EU VAT taxes, costs, filings, and any other activities that may arise as a result of their sales of Content using ANU Community. Teachers using payment gateways do not have a contractual arrangement, nor an expectation, that SystemSeed will collect and remit EU VAT on behalf of the Content Creator.

(d) Content is and remains the Creator’s property.

(e) Sales are never transmitted to SystemSeed and as such SystemSeed does not have an economic relationship to the transaction. Teachers set the price of the Content with no input from SystemSeed.

(f) All invoices made to Students from Teachers shall indicate that the Teacher or ANU Organisation is the supplier of the Content

(g) Student invoices shall identify the name and nature of the Content that was purchased.

(h) All Content sales are processed and authorized by a third party. SystemSeed is not a party to the authorisation process nor is SystemSeed responsible for authorizing credit card charges.

(i) Teachers are responsible for their Content’s terms and conditions.

(j) SystemSeed has no responsibility to accept or reject Content enrollments should there be any issues with payments. Teachers are responsible for authorising any applicable delivery of Content to Students.

D. Otherwise Responsible

a) Unless explicitly mentioned in this Agreement, Teachers and Students are otherwise responsible for the payment of any and all applicable taxes that become due from their use of the Platform.

XIII. Pricing

A. SystemSeed is not responsible for setting the pricing on a Teacher’s Content. Prices for Teacher’s Content are set by the Teacher or ANU Organisation.

XIV. Account Ownership Disputes

A. In the unlikely event that there is a dispute over the ownership of an account, SystemSeed has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

a copy of Your photo ID;
Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
Your billing information and details;
Certified copies of your tax forms; and
Other documentation as we deem necessary to settle the dispute

B. Should a dispute arise, SystemSeed reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law

XV. Fees

A. Pricing for ANU Community is described on our pricing page (https://anu.community/features-and-pricing).

B. Depending on the processing method, SystemSeed may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.

C. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email ([email protected]), Your plan will be charged upon the anniversary of its billing period. You agree that SystemSeed may charge any recurring service to the credit card or debit card that you provide.

D. Should You not authorise payment or are otherwise not current on Your payments for ANU Community Services, SystemSeed may restrict Your Platform access until Your account becomes current and paid in full.

E. SystemSeed reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Us and/or retaining collection agencies or legal counsel.

F. SystemSeed reserves the right to offer custom plans and pricing in addition to what is offered on the ANU Community pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

XVI. Refund Policy

We want You to be happy with ANU Community’s Platform.

A. Teachers

Monthly Plans
a) Teachers on monthly paid plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up.
Annual Plans
a) Teachers on annual plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up.
Abuse of the Refund Policy
a) SystemSeed reserves the right to refuse refunds to Teachers who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple ANU Organisations or requesting refunds in consecutive months

B. Students

If a Teacher offers a refund period that differs from ANU Community’s general policy, the Teacher must provide notice to Students prior to the purchase of the Content.
It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a Teacher.
SystemSeed does not establish, maintain, or control refunds or a refund policy for any Content uploaded to the ANU Community Platform by Teachers.

C. Sole Discretion

Any requests for a refund by a Teacher or ANU Organisation will be ultimately determined at SystemSeed’s sole discretion.

D. Services

Regardless of any other section to the contrary in this Agreement, the ANU Community refund policy does not cover the provision of live services provided by Teachers to Students (e.g. live coaching calls).

XVII. Cancellation and Deletion

A. Cancellation

If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and SystemSeed may disable access to ANU Community features available only to paid plan users.

B. Deletion

You may delete Your account at any time
Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by SystemSeed at its sole discretion
Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
If Your account is deleted (regardless of the reason), Your Content may no longer be available. SystemSeed is not responsible for the loss of such content upon deletion
Upon deletion of Your account (regardless of the reason), all licenses granted by SystemSeed will terminate

C. Effect of Cancelation/Deletion

Should an ANU Organisation, course, Teacher account, or Student account be canceled or deleted, the Creator or Student may no longer have access to ANU Community Content and Content may be irrecoverable. ANU Community shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.

XVIII. Errors and Corrections

SystemSeed does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does SystemSeed guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. SystemSeed may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Teacher or Organisation who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Teachers and Students.

XIX. Limitations of Liability

In running the Platform, we require that You understand and agree that SystemSeed is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that SystemSeed doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against SystemSeed will be limited to a portion of the fees You have paid us.

Our limitations of liability are as follows:

A. You agree that SystemSeed, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of ANU Community

B. You agree that SystemSeed shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications

C. SystemSeed is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command

D. SystemSeed does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code

E. ANU Community is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to ANU Community

F. SystemSeed disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title

G. SystemSeed shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform

H. You agree that SystemSeed shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless SystemSeed, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other ANU Community policies, and copyright and other intellectual property law)

I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.

J. You may not assign Your rights under this Agreement without SystemSeed's prior written consent

K. Should SystemSeed’s limitation of liability not be applicable, SystemSeed’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to SystemSeed over the prior twelve (12) months directly preceding your claim, unless otherwise required by law

L. You agree that SystemSeed shall not be liable for any content that appears on the Platform

M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity

N. You agree that any cause of action or claim that You may have against SystemSeed must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred

XX. Remedies for Violations

A. SystemSeed reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Organisations, Teachers and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

XXI. Communications

A.SystemSeed may notify You of relevant information regarding the Platform and ANU Community Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

B. Subject to the Privacy Policy, if you send to SystemSeed, ANU Community, or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that SystemSeed can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

XXII. Governing Law and Jurisdiction; Disputes and Arbitration

A. This Agreement shall be governed in accordance with the laws of the State of Delaware without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the in the State of Delaware. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration.

C. The arbitration will be conducted in the state of Delaware, unless You and SystemSeed agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing SystemSeed from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

D. You and SystemSeed agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.

E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of SystemSeed and all parties to any such proceeding

XXVI. California Civil Code Section 1789.3

A. California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210

B. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement

XXVII. Privacy

A. Your use of the Platform is subject to our Privacy Policy.

XXVIII. Entire Agreement; Severability of Provisions; No Waiver

A. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by SystemSeed as ANU Community, including the Platform, ANU Community Services, and any Content.

B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

XXIX. OFAC

A. You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the United States Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with SystemSeed, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

XXX. Changes to the Terms of Use

A. SystemSeed may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

XXXI. Titles/Headings

A. The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor SystemSeed shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

XXXII. Gender/Plural

A. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

XXXIII. Contact Us

A. If you have questions or concerns regarding these Terms of Use, the Platform, ANU Community Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: the SystemSeed office is not open to the public:

SystemSeed Digital Services LLC

8 The Green, Ste A,

Dover, DE,

19901, USA

Email: [email protected]