McKinsey & Company and its subsidiaries and affiliates (collectively, “McKinsey”, “us” or “we”) is excited to welcome you to participate in McKinsey Academy. “McKinsey Academy” refers collectively to any website, including http://www.mckinseyacademy.com (the “Sites”), and any mobile device or tablet application or similar software (the “Mobile Offering”) that is provided by us and that links to these Terms, and any related courses, content, programs, services, materials or offerings provided by us either through or in connection with a Site, a Mobile Offering or directly to you. Your use of McKinsey Academy is subject to the following terms and conditions (the “Terms”).
By accessing and using McKinsey Academy, you agree to these Terms. If you do not agree to these Terms, or are legally unable to agree to these Terms, you may not use McKinsey Academy.
We may periodically change the Terms, which are available at http://www.mckinseyacademy.com/terms , so please check back from time to time. By accessing and using McKinsey Academy after any changes to these Terms have been made, you agree to be bound by such revised Terms. These Terms were last updated on January 22, 2018.
1. Copyrights and McKinsey Academy Content
Except where indicated otherwise, all content and functionality of McKinsey Academy (except for User Content defined in Section 5 below), including text, questionnaires and assessments, course content and materials, modules, videos, graphics, logos, icons, and images and the selection and arrangement thereof, in addition to any underlying concepts, know-how, tools, frameworks, software, algorithms, models, and industry perspectives (the “McKinsey Academy Content”), is the exclusive property of either us or our licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the content nor functionality of McKinsey Academy, including any Site or any Mobile Offering, may be copied, reproduced, modified, reverse engineered, published, uploaded, posted, transmitted, or distributed in any way without our written permission. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret information or other proprietary rights used or made available in connection with McKinsey Academy.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed in connection with McKinsey Academy are the registered and unregistered Trademarks of us and our licensors. You agree that, except as expressly permitted by us (or by our licensors, where applicable), you will not (i) refer to or attribute any information to us or our licensors in any public medium (e.g., press release, websites or public social media) for advertising or promotional purposes, or for the purpose of informing or influencing any third party or (ii) use or reproduce any Trademark of ours or our licensors, or imply any endorsement by or relationship with us or our licensors.
3. Use of McKinsey Academy Content
We hereby grant you a limited, non-exclusive, non-transferable license, for the term hereof, to access, download, and display the McKinsey Academy Content to which you are provided access by us, either as an unregistered user or as a Registered User, solely for your personal and non-commercial use and, where applicable, your use in furtherance of your legitimate and internal business activities on behalf of your Sponsoring Organization, provided that you do not modify such McKinsey Academy Content in any way (including create derivative works thereof) and that you retain all copyright and other proprietary notices displayed on the McKinsey Academy Content. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, permit any third party to access or use, or disclose any McKinsey Academy Content, or remove from any McKinsey Academy Content or disable any security or technological safeguards, including digital protection mechanisms, metadata, watermarks, or disclaimers, without our prior written consent.
In no event may you attempt to gain access to any location, portion or feature of McKinsey Academy, any McKinsey Academy Content, any User Account other than your own, or any other materials, information, data, networks or systems owned or operated by us or a third party on our behalf through any means not intentionally made available to you by us. In addition, you agree not to use robots, spiders, scripts, data collection software or applications or web-scraping tools to scrape, or otherwise download or collect, including in bulk, any McKinsey Academy Content, including User Content.
4. User Registration
In order to participate in certain aspects of McKinsey Academy you, or your sponsoring organization (e.g., your employer or other organization or entity, including a professional organization, through which you are seeking to participate in McKinsey Academy) (your “Sponsoring Organization”) acting on your behalf and with your consent, must first register with us by creating a user account (a “User Account”). In order to create a User Account, you or your Sponsoring Organization must provide to us, either directly or indirectly (e.g., by authorizing a third-party site such as LinkedIn to provide to us), your first and last name and an email address. You must also select a user password and, for certain McKinsey Academy functionality, you may also be required to provide additional information as indicated at the time of registration. You and/or your Sponsoring Organization may also be prompted to provide additional optional information about yourself, including biographical, demographic, employment and/or other information. All of this information comprises your “User Account Information”.
You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that neither you nor your Sponsoring Organization, if applicable, are listed on any U.S. Government list of prohibited or restricted parties.
5. User Content
In connection with your use of McKinsey Academy, you may have the opportunity to submit, post, publish, distribute, or otherwise share information, images, videos, materials, data or other content, including without limitation: posts to discussion forums or message boards; survey, questionnaire, or assessment responses; work product (in electronic or physical form) in connection with courses or other activities offered through McKinsey Academy; modifications to or commentary about McKinsey Academy Content or other work product of McKinsey Academy users; and feedback or comments about McKinsey Academy, McKinsey Academy Content, and courses or services provided or considered for provision in connection with McKinsey Academy (collectively, “User Content”). You acknowledge and agree that, by providing us any such User Content, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such User Content for any purpose, and in any form or media, not prohibited by applicable law. You also grant to other users of the McKinsey Academy services a non-exclusive license to access, reproduce and use such User Content in connection with their own use of McKinsey Academy services in compliance with these Terms. In addition, you hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use of such User Content as permitted by these Terms.
You covenant that you shall not submit or upload to, or otherwise publish or make available through, McKinsey Academy, or otherwise provide to us, any User Content that (a) is threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourages conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate applicable law; (c) infringes the intellectual property, privacy, publicity, or other rights of any third parties; (d) contains a computer virus or other malicious or destructive element; (e) contains advertising; (f) constitutes or contains false or misleading statements, including for the purpose of misrepresenting your identity or your reason or intent in accessing McKinsey Academy or providing any such User Content; (g) violates these Terms or is designed to interfere, or would reasonably be expected to interfere, with our provision of McKinsey Academy and the reasonable use and enjoyment of other users of the same or (h) violates any applicable policy or requirement of your Sponsoring Organization.
We do not and cannot review all User Content, and we are not responsible to you or any other party with respect to, and do not endorse or make any representation or warranty with respect to, any User Content provided or made available in connection with McKinsey Academy. We reserve the right to refuse to accept or publish any User Content, and to remove any previously accepted or published User Content, in whole or in part, for any reason or for no reason.
6. Notices of Infringement and Takedown
In addition to the limitations on User Content set forth in Section 5, we prohibit the posting of any information in connection with McKinsey Academy which infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content available through McKinsey Academy, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Upon our receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(3)), we will remove any posted material that infringes the copyright or other intellectual property right of any person under U.S. law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is set forth in the “Contact Us” Section of these Terms.
EXCEPT AS PROHIBITED BY LAW, NEITHER WE NOR OUR THIRD PARTY LICENSORS AND CONTENT PROVIDERS, INCLUDING APPLICABLE MOBILE PLATFORM PROVIDERS, SHALL BE LIABLE TO YOU, YOUR SPONSORING ORGANIZATION OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY, IN CONNECTION WITH YOUR USE OF MCKINSEY ACADEMY, ANY SITE OR MOBILE OFFERING, OR ANY MCKINSEY ACADEMY CONTENT OR USER CONTENT, OR ANY ACTION, INACTION OR DECISION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION THEREWITH.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS, ACTIONS AND EVENTS ARISING OUT OF OUR PROVISION TO YOU OF MCKINSEY ACADEMY EXCEED THE CUMULATIVE FEES, IF ANY, RECEIVED BY MCKINSEY FROM YOU IN CONNECTION WITH YOUR USE OF MCKINSEY ACADEMY DURING THE PRECEDING TWELVE MONTHS.
8. Third Party Websites & Providers
In our sole discretion we may choose to offer a certificate, statement or other acknowledgement or documentation to you and/or your Sponsoring Organization if you satisfy certain criteria (e.g., course completion) in connection with one or more courses or programs made available to you through McKinsey Academy (a “Certificate”). The issuance of a Certificate to you and/or your Sponsoring Organization, and the criteria governing such issuance, are solely within our discretion and may be changed at any time. In addition, you acknowledge that (a) your receipt of a Certificate, if any, does not represent an endorsement by us and (b) we are not an accredited educational institution, nor have we sought any such accreditation, and any such Certificate does not convey any academic credit or standing. You agree that you will not seek to obtain a Certificate through any false, misleading, or unlawful means, or misrepresent to the public or to any third party the nature, content or terms of issuance of any such Certificate.
11. Termination; Discontinuation
12. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.
We understand the importance of protecting children's privacy, especially in an on-line environment. McKinsey Academy is not designed for or directed at children 13 years of age or younger, and we will not intentionally collect or maintain information about anyone under this age.
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