CYBOX

Intended Use and different user roles
CYBOX serves as a repository of training and other materials, a virtual environment for training courses and other activities, and a virtual classroom accessible to the registered users of CYBOX.

At the discretion of their respective tenants or authorized administrators, users may be enrolled in certain courses or activities without explicit request from themselves or their employers. This may include auto-enrollment by CYBOX administrators, project managers, tenant administrators, or designated course creators/managers. Users have the option to opt-out of automatic enrollment or request removal from enrolled courses or activities by contacting CYBOX administrators. 

Certain materials, courses, activities or areas / tenants on CYBOX may be subject to access restrictions. These restrictions are implemented to protect sensitive information and intellectual property rights.

CYBOX supports various user roles, including but not limited to: 

Participant: users enrolled in training courses or actively participating in collaborative activities.

Trainer: users responsible for delivering training content and facilitating learning experiences.

Course Creator: users responsible for designing and developing course content, activities, and assessments.

Manager: users with administrative privileges to oversee and manage specific areas or activities within CYBOX.

Administrator: users with full administrative rights to manage the overall operation and configuration of CYBOX.

Tenant-Administrator: administrators responsible for managing and configuring specific tenant spaces within CYBOX.

Other user roles may be established by platform administrators as needed to support the intended use and functionality of CYBOX. This EULA and term “user” applies to all of the roles and all users need to accept this EULA. 

Prohibited use
You may not re-use training material or other resources supplied on the platform for commercial purposes unless you supplied them yourself and have the legal authorization to do so.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to CYBOX in a manner not authorized by the Council of Europe in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Platform, in any manner and any quantities not authorized by the Council in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Council of Europe, tenant institutions or the trainers without express written consent. You may not use meta tags or any other “hidden text” utilizing their names, trademarks or logos without their express written consent.

You may not share content from CYBOX with anyone who is not properly licensed to access the content. You may also not make any training or other material from CYBOX available to providers of generative AI models. Users may not use the Council of Europe’s name or logos without prior approval.

The Council of Europe reserves the right to block your account if you do not comply with the terms of this clause. 

Intellectual Property Rights
Subject to these terms the Council of Europe grants you a personal, non-exclusive, non-transferable and revocable license for the entire world and for the entire duration of protection by the applicable intellectual property rights law to use CYBOX and the training material and other resources according to the pre-defined access restrictions. The rights granted herein are only for your professional, noncommercial use, unless you obtain the Council of Europe’s written permission otherwise. Course creators might limit the use as stipulated on the training material.

You acknowledge and agree that CYBOX may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Council of Europe you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on CYBOX and published training material or other resources, in whole or in part except that the foregoing does not apply to your own training material or other resources that you make available on CYBOX, or unless you have the legal authorization to do so.

Under no circumstances will the Council of Europe be liable in any way for any content or material of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Council of Europe does not pre-screen content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any training material that is available via CYBOX. Without limiting the foregoing, the Council of Europe will have the right to remove any content that violates these Terms of Service or is deemed by the Council of Europe in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any training material or other resource including any reliance on the accuracy, completeness or usefulness of such content.

Specific Rules for Trainers, Course Creators, Managers and Tenant-Administrators
When you carry out an activity on CYBOX and/or publish training material or other resources, you agree to the following rules:

You will not refuse participation by users for any illegal reason.

You grant the Council of Europe a non-exclusive, non-transferable and revocable license for the entire world and for the entire duration of protection by the applicable intellectual property rights law for the use of the training material and other resources on CYBOX. This use includes but is not limited to its publication on the platform and the granting of a sublicence to the participants. This sublicence shall allow the Council of Europe to comply with its obligation under the above intellectual property rights clause vis-à-vis the participants. You may restrict the use and distribution scope of the material you share on the platform.

Any content you present or publish on CYBOX shall not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material.

Code of Conduct
All users of CYBOX, including participants, trainers, course creators, managers, administrators, shall show respect towards one another. This includes communicating respectfully and professionally, refraining from offensive language and behavior, valuing diverse perspectives and opinions.

All information acquired shall be treated as confidential unless explicitly stated otherwise. This includes course materials, discussions, and any proprietary or sensitive information shared by other users or trainers. 

Modification of terms of use
The Council of Europe may, at its sole discretion, modify the terms of this EULA at any time. You will be notified of any significant changes to the EULA through the CYBOX notification system. By accessing CYBOX at any time after such modifications you agree to such modifications. 

Disclaimer of Warranties
The Platform and all materials included therein are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to the fitness for a particular purpose, or the warranty of non-infringement of third-party intellectual property rights. Without limiting the foregoing, the Council of Europe makes no warranty but will make its best efforts that (a) the Platform and training material or other resources will meet your requirements, (b) the Platform and the training material will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of CYBOX or training materials or other resources will be effective, accurate or reliable, or (d) the quality of any course that you attend via CYBOX will meet your expectations or be free from mistakes, errors or defects.

Information on CYBOX or any of the materials could include technical or other mistakes, inaccuracies or typographical errors. The use of CYBOX or the downloading of any training materials or other resources through the service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

Training material or other resources available through the Platform or presented during trainings or other activities represent the opinions and judgments of a trainer or entity not connected with the Council of Europe. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement.

You understand and agree that temporary interruptions of the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Platform is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability
In no event shall the Council of Europe be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages) of any kind, or any damage whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the service or of any web site referenced or linked to from the Platform.

Indemnification
Upon a request by the Council of Europe, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these terms or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination
Users may close their account at any time which will automatically terminate this EULA. The Council of Europe may terminate the EULA forthwith if the users do not comply with the terms of this EULA. 

Disclosure of information 
You are informed and give an authorisation of disclosure of all relevant terms of this EULA for the purposes of internal and external audit and to the Committee of Ministers and to the Parliamentary Assembly of the Council with a view to these latter discharging their statutory functions, as well as for the purpose of meeting the publication and transparency requirements of the Council of Europe or its donors. 

Dispute settlement 
The Council of Europe will bear no responsibility for any disputes between users. In such cases the Council of Europe will not get involved in the dispute.

Any dispute between the Council of Europe and users shall - failing a friendly settlement between the Parties - be submitted to arbitration.

The Arbitration Board shall be composed of two arbitrators each selected by one of the parties, and of a presiding arbitrator, appointed by the other two arbitrators; in the event of no presiding arbitrator being appointed under the above conditions within a period of six months, the President of the Tribunal Judiciaire of Strasbourg shall make the appointment.

Alternatively, the parties may submit the dispute for decision to a single arbitrator selected by them by common agreement or, failing such agreement, by the President of the Tribunal Judiciaire of Strasbourg.

The Board referred to in paragraph 2 of this clause or, where appropriate, the arbitrator referred to in paragraph 3 of this Article, shall determine the procedure to be followed.

If the parties do not agree upon the law applicable the Board or, where appropriate, the arbitrator shall decide ex aequo et bono having regard to the general principles of law and to commercial usage.

The arbitral decision shall be binding upon the parties and there shall be no appeal from it.