1. Terms of Service
The following terms and conditions (“TOS”) govern all use of the vivaelearning.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 LLC (“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 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 vivaelearning.com links, and that link to vivaelearning.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 e-learning industry who would like to publish content related to e-learning (“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 e-learning.
a) Your Post
The Owners should post content related to educational technologies.
Owners’ posts will 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 e-learning ecosystem which includes:
- Promote its e-learning ecosystem to its registered members.
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. The Owner accepts to provide his e-mail address, which is required by elearning industry upon registration of elearning industry Account.
6) Free Usage
Access, registration and usage of the Website are free. Posts by the Owners are unpaid.
7) Disclaimer of Warranties
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.
8) Limitation of Liability
In no event will elearning industry be liable with respect to any subject matter of the TOS under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages resulting from the use of the Website and/or (ii) for interruption of use or loss or corruption of data. Elearning industry shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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 LLC 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.
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 elearningindustry.com Account (if you have one), you may simply discontinue using the Website. 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 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.