Object and opposability
The myskillcamp.com platform, its subdomains, and related applications (hereinafter the "Platform") is administered by and is the property of myskillcamp, a public limited company under Belgian law whose head office is located at Quai des salines 30A (box 10 / 11), at 7500 Tournai, Belgium, and registered with the Banque-Carrefour des Entreprises under the number 0543.703.707 (hereinafter "myskillcamp").
Information concerning the terms of sale and subscription is provided in the general conditions of sale (hereinafter the "GTC").
myskillcamp reserves the right to modify, adapt, improve and / or update the Platform as well as these general conditions of use (hereinafter "T &Us"), at any time, in order to comply with legal obligations or to improve the Platform. Any modified version of these T & Us will be applicable from the day of its publication. myskillcamp will warn Users. However myskillcamp also recommends that the User consult them regularly. The use of the Platform constitutes recognition of the existence of the modified CGU, their binding effect and the obligation to comply with it.
Description of the Platform
2.1 General overview of the platform's operation
The myskillcamp system is based on an all-in-one platform which aims to centralize information in order to offer customers (hereinafter “Customers”) the implementation of a learning experience in business for their learners (hereinafter "Learners") which is participative, unified, modern and scalable. The Platform allows you to create, animate, and manage all internal and external training actions (face-to-face, blended-learning, e-learning ...) from one place. Customers and Learners are hereinafter collectively referred to as “Users”.
The Platform was initially not provided with content. The sources of the content are:
- Creation by the Customer of his own content by his own means, through the Studio,
- Subscription to myskillcamp Services:
- by selecting content from the Marketplace,
- in the form of creation of Customer-specific content by myskillcamp,
- in the form of finding content from third-party content publishers through myskillcamp and accessing that content through myskillcamp.
The content is then included in the Customer's catalog, and the Customer decides on the training that he wishes to make accessible to Learners. The Customer can decide either to give Learners access to one or more specific content, or to provide Learners with an open training catalog. Certain technical limitations may exist regarding third-party content.
Access to the Platform does not authorize the Client to automatically access the Services. In order to have access to the Services, the Parties conclude additional agreements (i.e. Service Contracts), under which additional costs are due. myskillcamp may provide Services to you in accordance with one or more Service Agreements. Each Service Contract will be interpreted separately from any other Service Contract.
2.2 Account creation by the Client
Once this Training Space has been created, the Client has access to the following functionalities:
- add and create content and / or, as described above, subscribe to certain myskillcamp Services in order to add content to the Training Space,
- invite various people by email to create a Personal Account in order to join the Training Space, it being understood that the number of Users who can be invited may depend on the Subscription taken out.
2.3 Creation and management of training and Learners by the Customer
The Customer is invited to create personalized training spaces (hereinafter "Camps"). Camps allow the Customer to segment Learners and training activities. Within the Camps, the Customer can assign specific roles to Users (learner, manager, trainer ...) in order to assign them different missions. The Camps are closed and the Customer himself adds the Learners to one or more Camps. myskillcamp is therefore not involved in the creation and management of Camps.
The Client can also create thematic learning communities / groups. The Client can leave the Learners free to join these communities, or close these communities and invite the Learners personally to join one or more communities. myskillcamp is therefore not involved in the creation and management of communities.
The Studio is the space for creating and sharing training paths. The Customer can in the Studio create training content in the form of modules or routes, and then distribute them to the Learners of one or more Camps by creating and managing sessions. These sessions allow customization and precise planning of modules.
By default, and unless otherwise stated or agreed, the content selected on the Marketplace cannot be modified.
2.4 Access to the Platform by the User
All Learners have free access to the Training Space, thanks to the Subscription subscribed by the Client. In the event that the Subscription is terminated by the Customer, Users lose their access to the Training Space.
By connecting to the Platform, the Learner has the possibility, in each of the Camps of which he is a member and according to the configuration operated by the Client (exemplary list and subject to change):
- to consult the dashboard,
- to follow his learning content,
- consult the catalog of additional content that may be available,
- to interact with his groups as well as to join groups with free access,
- access third-party tools.
Use of the platform
- The Platform is intended for any adult physical person.
The User is solely and exclusively responsible for the content, information and any other element that he creates, publishes, communicates, or in any other way makes available to other Users by means of the Platform, and agrees not to keep myskillcamp, in some way, responsible.
The User who submits content to the Platform or otherwise uses the Platform, undertakes to comply with the laws in force and in particular undertakes not to:
- violate the rights of a third party (image and privacy rights, intellectual property rights, etc.);
- perform acts that are harmful, threatening, abusive, defamatory, denigrating, violent, akin to harassment, vulgar, obscene, hateful or inciting to hatred, pornographic, pedophiles, child pornography, open to criticism from a racial or ethnic point of view , contrary to morality, or likely to undermine respect for the human person and his dignity, as well as the protection of minors;
- communicate false, incorrect or misleading information or content, or for which it has received compensation or consideration from a third party;
- usurp the identity of a person or entity, or make a false declaration or distort its links with any person or entity;
- falsify sections or manipulate identifiers in order to hide the origin of any content.
Users guarantee that they have all the necessary authorizations to put the content online and distribute it.
Users agree to comply with all reasonable guidelines or requirements, requests or instructions from myskillcamp in connection with the Platform, in particular in the context of support and maintenance.
Users are responsible for ensuring that all information provided is accurate, complete and kept up to date.
Users guarantee myskillcamp against any action or complaint by third parties (including public authorities) relating to the content added to the Platform.
Users are solely responsible for the use and access to their own Personal Account. In this regard, Users must ensure that no other person has access to their Personal Account. In the event that the User becomes aware that another person is accessing the Platform with their Personal Account, they will immediately notify myskillcamp by e-mail to the following address: [email protected] myskillcamp cannot be held responsible for any loss or damage that the User may have suffered as a result of unauthorized use of his Personal Account by others, even without the User's knowledge.
In the event of dissemination of the content, either by their own care or by third parties, who come from a source external to the Platform, Users acknowledge and accept that they are also bound by the general conditions of use of the platforms concerned (e.g. social media).
Rights and obligations of myskillcamp
myskillcamp does not guarantee that the content created by means of the Platform or by using its Services is of quality, complete, exact, adequate and reliable, nor that it complies with the applicable legislation and with the present CGU, nor does it violate third party rights. myskillcamp expressly disclaims all responsibility for the content and quality of the content created and disseminated by Users through the Platform and the Services.
myskillcamp may nevertheless carry out, at its sole and absolute discretion, a control of the content present on the Platform. It reserves the right to delete any content that violates the T & Us or about which it has received a complaint. myskillcamp may exercise this right at any time, without notice and at its sole discretion.
myskillcamp reserves the right to cancel or suspend at any time access to the Platform to a User in the presence of elements suggesting that there is an infringement of applicable law, the T & Us, the rights of third parties , or if the User concerned causes or is likely to cause prejudice to the interests of myskillcamp, other Users, or third parties.
Intellectual property rights
5.1 Rights relating to the content posted by the User
The intellectual property rights relating to the content posted by the User remain the property of the latter.
The User declares and guarantees that he has all the necessary authorizations for putting the content online and for its distribution. The User undertakes to hold myskillcamp harmless against any generally any action of third parties claiming to have rights over the content produced by means of the Platform, or alleging a violation of their image rights.
Each User grants myskillcamp free of charge an irrevocable, transferable user license for the whole world and for the entire legal term of protection, without this conferring on him a right to any remuneration or any advantage whatsoever over the content for the sole purposes the proper execution of the services linked to the Platform. This license covers in particular all rights of reproduction, representation, communication to the public, distribution. myskillcamp specifies as necessary that it will in no case use the content for advertising purposes.
5.2 Rights relating to the Platform
All elements of the Platform (including, without being exhaustive, the software used, the source code, the layout, the text, the logos, the photographs, the drawings, the images, the sounds, the databases, the name (“myskillcamp”, “LXP”), as well as the commercial and domain names), are works protected by intellectual property rights, and in particular by copyright, trademark law, copyright law databases, design law and patents (hereinafter “Intellectual Property Rights”).
All Intellectual Property Rights belong to myskillcamp or are integrated into the Platform with the agreement of the owner of the rights in question.
No Part of the Platform itself, nor the data and information presented on the Platform, may be recorded (other than that necessary to use the Platform) or reproduced, modified, translated, made public, distributed, rented or sold, transmitted to third parties or used in any way without the prior written permission of myskillcamp.
myskillcamp grants the User a personal, temporary, worldwide, non-transferable license on the Platform, allowing him to use the latter in accordance with these T & Us. The license is granted only for the sole and sole purpose of allowing the User to use the Platform, for strictly personal purposes, to the exclusion of any other purpose. The license is only granted for the duration of the use of the Platform. The user license means the right to represent and implement the Platform in accordance with its destination via a connection to an electronic communications network. The User may in no case make the elements available to a third party, and strictly prohibits any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. Any use other than the purpose is prohibited. This prohibition applies regardless of the reproduction, representation and / or modification process, and whatever the duration.
Liability and warranty
myskillcamp cannot be held responsible for any direct or indirect damage resulting directly or indirectly from access to or use of the Platform and Services.
myskillcamp is only bound by an obligation of means.
myskillcamp takes care to communicate information as correct as possible but can never guarantee the total accuracy, completeness and relevance of the information presented on the Platform and cannot therefore be held responsible for it.
myskillcamp declines any responsibility as for the uses which would be made, with the decisions which would be taken or acts which would be undertaken by the User on the basis of the information made available on the Platform and cannot be held responsible for the errors caused to the User on the basis of this information.
myskillcamp declines all responsibility for the creation and management of Training Spaces, including the creation and management of Camps and communities.
myskillcamp also declines all responsibility for direct or indirect damages which could result from inaccuracy, lack of completeness, lack of relevance, omission or negligence in the production, development, writing, writing and interpreting information. myskillcamp declines any responsibility in the event of deletion, non-storage, or non-transmission of information and / or content.
All Users are required to inform myskillcamp as soon as possible of any unauthorized use or risk of use of their account and / or their identifiers. myskillcamp cannot be held responsible for a poor selection of Learners invited to join Training Spaces, Camps and communities.
The User expressly acknowledges using the Platform at his own risk and under his exclusive responsibility. In any event, myskillcamp can in no way be held responsible:
- any damage resulting from the violation of these T & Us;
- a malfunction, unavailability of access, improper use, improper configuration of the User's equipment;
- an impossibility or difficulty in using the Platform due to the use of unsuitable equipment or the use of an operating system that is not very common by the User;
- links, content or external / third party sources accessible to the User from the Platform, as well as their potential unavailability.
myskillcamp provides the Platform "as is". myskillcamp declines any responsibility for damage or defects, permanent or temporary, of the computer equipment or data of the User during or after the use of the Platform. In particular, myskillcamp declines all responsibility for the possible transmission of viruses and trojan horses via the Platform.
Regarding the realization of the Platform, myskillcamp uses the most modern technologies as much as possible. myskillcamp cannot however be held responsible for any (temporary) breakdowns or failures or possible maintenance work on - or of - the Platform as well as relating to the availability, speed, security and reliability of the information relating thereto.
myskillcamp cannot be held responsible for any costs or expenses (eg internet connection, travel, etc.) in connection with the Platform. The entire cost of using the Platform is borne by the User.
In the event of impossibility of access to the Platform, due to technical problems or any other nature, the User cannot claim any damage and cannot claim any compensation.
The hypertext links on the Platform can refer to other websites and myskillcamp cannot be held liable if the content of these sites is unavailable or contravenes current legislation. Likewise, myskillcamp cannot be held responsible if the User’s visit to one of these sites causes it harm. The same applies to external content directly integrated into the platform by Users by technical means such as iframe or "embed code" technologies.
Availability of the Platform
The Platform is in principle accessible 24/24, 7 / 7d, except interruption, programmed or not, for the needs of its maintenance or in case of force majeure as defined below.
By "force majeure" is meant, without this list being exhaustive, an order given by the authorities, a mobilization, war, an epidemic, a lockout, a strike, a demonstration, technical faults at the level of the transmission of communications, a flood, an explosion, a shortage of raw materials or labor, a change in the overall economic circumstances, an act of vandalism, exceptional weather conditions, as well as all circumstances beyond control of myskillcamp and disrupting the normal course of business, without myskillcamp having to demonstrate the unpredictability of said circumstances.
The fact for myskillcamp not to implement any clause of these CGU, or not to take any action with regard to a User in the event of a possible violation of one of the provisions of the CGU, cannot be interpreted as any waiver of a right.
If a clause of the T & Us is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the general conditions and will not affect the validity and enforceability of the remaining clauses.
The T & Us are not transferable, transferable or sublicensable by the User himself.
The T & Us are governed and interpreted in accordance with Belgian law, unless otherwise required by law.
Before taking legal action, the Parties will take all reasonable measures to reach an amicable solution to the dispute in question.