ELEARNING INDUSTRY INC
The following terms and conditions (“TOS”) govern all use of the eLearningIndustry.com website (“Website”) and all content, services and products available at or through the Website (“Services”). The Website is owned and operated by ELEARNING INDUSTRY NC (“eLearning Industry”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by eLearning Industry.
Please read the TOS carefully before accessing our Website or using our Services. By accessing or using any part of the Website, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access the Website or use any Services.
2. Your eLearning Industry Account
A member account (“Account”) is the area in our Website, which is accessible via a password and contains personal information regarding the user. If you create an Account on the Website, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify eLearning Industry at [email protected] of any unauthorized uses of your Account or any other breaches of security. ELearning Industry will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a member implies providing a valid e-mail address for the communication between eLearning Industry and the member and a valid name.
3. Responsibility of Website Visitors
eLearning Industry cannot review all of the material posted to the Website and cannot therefore be responsible for that material’s content, use of effects. By operating the Website, eLearning Industry does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. eLearning Industry disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which eLearningIndustry.com links, and that link to eLearningIndustry.com. ELearning Industry does not have any control over those non-eLearning websites or webpages and is not responsible for their contents of their use. By linking to a non-eLearning website or webpage, eLearning Industry does not represent or imply that it endorses such website or webpage.
The purpose of the Website is to create an online community of professionals involved in the eLearning Industry who would like to publish content related to eLearning (“Owners”) and of people who want to have access to this content (“Users”). Also, eLearning Industry promotes through the Website software and other services related to eLearning. Owners may post events, press releases or other content on our Website.
Our Users may sign up on our Website via linkedin. We collect the following information from Users via their linkedin profile: their linkedin profile information, their photo and their e-mail. Users may not post content but they can post reviews for various products on our Website and have access to all our webpages and Website content.
Registration is required for Owners in order to post a press release or other content on our Website. During registration, we will require the following information:
- Your full name
- Your company’s name
- Your company’s country
- Your professional e-mail
ELearning Industry reserves the right to reject any registration request at its sole discretion.
Once we receive your registration application, we will create an account (“Account”) for you on our Website and we will e-mail you a link to activate your Account. Once you access the link, you will be asked to enter a password and accept these TOU. Once you complete activation, you will be able to create your profile (“Profile”).
Each Account is personal and non transferable. Your rights and obligations to eLearning Industry are non transferable either. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify eLearning Industry at [email protected] regarding any unauthorized uses of your Account or any other breaches of security. eLearning Industry will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
To prevent fraud and abuse, Owners are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the eLearning Industry community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.
a) Your Post
The Owners should post content related to the following topics:
- eLearning and instructional design best practices
- eLearning Industry news
- eLearning Demos
- eLearning problems and how you solve them
- Personal experience with educational technologies such as LMS and authoring tools
- eLearning – related events
- eLearning – related press releases
- eLearning - company/product directory listings.
Owners’ posts may be shared at the following social media: linkedin, facebook, twitter and google+. Owners must be the copyright owners of their posts. Owners can publish their post in their own blogs, websites and social media only after posting them at eLearning Industry. ELearning Industry shall not accept already published posts. ELearning Industry shall not accept posts that have a solely promotional purpose. All posts are unpaid. After Owners’ posts are accepted by eLearning Industry, Owners shall be featured to the eLearning Industry bloggers.
b) Responsibility & Rights of eLearning Industry
ELearning Industry is not responsible for:
- The quality or legality of posts;
- The truthfulness or accuracy of the information published by the Owner;
- The infringement of any intellectual property rights by the Owner.
However, eLearning Industry has the right to:
- Publish all or part of content of the posts for commercial means on third – party websites;
- Edit the content of the posts;
- Send special offers to its registered members;
- Send newsletters to its registered members;
- Use the information and data from its registered members within its eLearning ecosystem which includes:
- Promote the eLearning ecosystem to its registered members.
You understand and consent that we retain all rights not to publish your posting if we determine at our sole discretion that it does not fulfill eLearning Industry’s requirements and standards.
c) Responsibility of the Owner
The Owner of the content posted on the Website must either own it or lawfully allowed to post it. The Owner guarantees that he or she possesses all the intellectual property rights on the content of the post.
d) Non-permitted Use of our Services
The following actions/activities are not permitted on our Website:
- Adult services & pornography: eLearning Industry does not allow any exchange of adult oriented or pornographic materials and services;
- Inappropriate behavior & language: Communication on our Website should be friendly, constructive, and professional. ELearning Industry condemns bullying, harassment, and hate speech towards others;
- Phishing & spam: eLearning Industry takes its Users’ and Owners’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another User’s or Owner’s account or computer environment is strictly prohibited. Please respect our Users’ and Owners’ privacy by not contacting them for commercial purposes without their consent;
- Content: You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:
- infringes any third party right or violates any law or contractual duty;
- You know is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other harmful computer codes, files, or programs;
- includes anyone’s identification documents or sensitive financial information;
- otherwise interferes with the Services.
eLearning Industry shall have the right to terminate any Services offered to you, as well as your Account, and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions above.
- Fraud / unlawful use - You may not use our Website for any unlawful purposes or to conduct illegal activities;
- Targeted abuse: We do not tolerate Users or Owners who engage in targeted abuse or harassment towards other Users or Owners on our Website. This includes creating new multiple accounts;
- Selling accounts: You may not buy or sell eLearning Industry Accounts;
- You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Furthermore, when using our Website, you shall not:
- take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- interfere with the proper working of the Services we provide or any activities conducted on the Services;
- attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
- run any form of auto-responder or ‘spam’ on the Services;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website;
- harvest or scrape any content from the Services;
- otherwise take any action in violation of our guidelines and policies;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Services;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- act in such a way that the Services are damaged, interrupted or made less efficient;
- manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
6. Payment Information
Access and registration of the Website are free. We do not provide compensation to Owners for their posts. We do require payment though from Owners for posting press releases. We currently do not require payment for postings of other content but eLearning Industry reserves the right to charge for this service in the future.
Our events’ and press releases’ webpages have a description of the plans that are available to purchase. You agree that in order to purchase one of these plans you need to be a registered User of our Website.
eLearning Industry does not collect nor store your credit card information.
The Owner is obligated to pay any taxes, charges and VAT in accordance with applicable legislation.
The Owners purchase the right to post content on our Website. The Owner may purchase a number of available content webpages in a specific amount of time pursuant to his purchase plan. If you use all your available content webpages before the expiration of your purchase plan, eLearning Industry shall notify you without charging you an additional fee. If you do not use all your available content webpages before the expiration of your purchase plan, the remaining available webpages are not transferred to your renewed purchase plan. If your purchased plan is about to expire, you will be notified 30 days in advance. Our notification e-mail will include a subscription cancellation link in the event you would like to cancel your subscription. You may also cancel your subscription via your Account settings at any time. You acknowledge and agree that you shall be automatically charged via your selected Payment Method, on the next day following the expiration date of your purchase plan if you do not cancel your subscription.
eLearning Industry provides refunds to the Owners who request it by notifying us at [email protected] and provided that you make this request within 30 days from the date of purchase of the plan.
7. Disclaimer of Warranties/Limitation of Liability
The Website is provided “as is”. eLearning Industry disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, eLearning Industry disclaims any warranties for viruses and other harmful components in connection with the Website.
ELEARNING INDUSTRY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELEARNING INDUSTRY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ELEARNING INDUSTRY, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL ELEARNING INDUSTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEARNING INDUSTRY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELEARNING INDUSTRY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT IS POSTED ON ITS WEBSITE AS WELL AS FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO CONDUCT BUSINESS PROPERLY OF THE OWNERS.
ELEARNING INDUSTRY IS NOT RESPONSIBLE FOR THE INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, INFORMATION OR OWNER’S CONTENT THAT IS POSTED ON THE WEBSITE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Confidentiality / Non-disclosure
As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOS. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOS. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
You agree to indemnify and hold harmless eLearning Industry, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the TOS.
10. Copyright Infringement
As eLearning Industry asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by eLearning Industry violates your copyright, you are encouraged to notify eLearning Industry. ELearning Industry will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. eLearning Industry will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of eLearning Industry or others.
11. Intellectual Property
The TOS do not transfer from eLearning Industry to you any eLearning Industry or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with eLearning Industry. ELearning Industry, the eLearning Industry logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of ELearning Industry INC or eLearning Industry’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eLearning Industry or third-party trademarks.
12. Assignment & Modifications
eLearning Industry reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of eLearning Industry. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
eLearning Industry reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website following the posting of any changes to the TOS constitutes acceptance of those changes. ELearning Industry may also, in the future offer new services and / or features through the Website. Such new features and/or services shall be subject to the TOS.
eLearning Industry may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Website or e-mail us at [email protected] with a request to cancel your Account. Notwithstanding the foregoing, eLearning Industry can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from eLearning Industry’s notice to you thereof; provided that, eLearning Industry can terminate the Website immediately as part of a general shut down of our Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Applicable Law
The present TOS are in conformity with Delaware, US law. The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with eLearning Industry in the TOS, or with the user later on. All litigation with regards to the validity, interpretation, or execution of the present TOS will be governed by the laws of the State of Delaware, US. The proper venue for any disputes arising out of or relating to any of the same will be the State and Federal Courts located in San Francisco, California.
Any dispute arising under this Agreement, it shall be resolved by arbitration by a single Arbitrator in San Francisco, California in accordance with the then current rules of the American Arbitration Association. In the event that any party fails to submit any dispute arising from this agreement to mediation first, or fails to meaningfully participate in mediation, that party will not be entitled to attorney’s fees as provided in this paragraph. Any judgment upon the award entered by the arbitrator may be entered in any Court having jurisdiction. Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
- This Agreement constitutes the entire agreement between eLearning Industry and you concerning the subject matter hereof.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.