A. This Agreement, which incorporates by reference other provisions applicable to use of eKnowledgehub.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in eKnowledgehub.com, sets forth the terms and conditions that apply to use of eKnowledgehub.com by Instructor. By offering classes through Site, Instructor agrees to comply with all of the terms and conditions hereof. The right to use eKnowledgehub.com is personal to Instructor and is not transferable to any other person or entity. Instructor is responsible for all use of Instructor's account (under any screen name or password) and for ensuring that all use of Instructor's account complies fully with the provisions of this Agreement. Instructor shall be responsible for protecting the confidentiality of Instructor's password(s), if any.
B. Company shall have the right at any time to change or discontinue any aspect or feature of eKnowledgehub.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Company shall have the right at any time to change or modify the terms and conditions applicable to Instructor's use of eKnowledgehub.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on eKnowledgehub.com, or by electronic or conventional mail, or by any other means by which Instructor obtains notice thereof. Any use of eKnowledgehub.com by Instructor after such notice shall be deemed to constitute acceptance by Instructor of such changes, modifications or additions.
Through Site, Company provides Instructor with access to a variety of resources, including download areas, communication forums and other services used to teach online courses through Site (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the ITOU.
Instructor shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of eKnowledgehub.com and all charges related thereto.
A. Instructor shall use eKnowledgehub.com for lawful purposes only. Instructor shall not post or transmit through eKnowledgehub.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Instructor that in Company's discretion restricts or inhibits any other user from using or enjoying eKnowledgehub.com will not be permitted. Instructor shall not use eKnowledgehub.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Instructors to become subscribers of other on-line information services competitive with Company.
B. eKnowledgehub.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of eKnowledgehub.com are copyrighted as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Instructor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Instructor may download copyrighted material for Instructor's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Instructor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. Instructor shall not upload, post or otherwise make available on eKnowledgehub.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Instructor. Instructor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of eKnowledgehub.com, Instructor automatically grants, or warrants that the owner of such material has expressly granted Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Instructor also permits any other Instructor to access, view, store or reproduce the material for that Instructor's personal use. Instructor hereby grants Company the right to edit, copy, publish and distribute any material made available on eKnowledgehub.com by Instructor.
D. The foregoing provisions of Section 5 are for the benefit of Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable Instructor to communicate with others (each a "Communication Service" and collectively "Communication Services"). Instructor agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Instructor agrees that when using the Communication Services, Instructor will not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Instructor own or control the rights thereto or have received all necessary consent to do the same.
5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
8. Download any file posted by another Instructor of a Communication Service that Instructor know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
10. Restrict or inhibit any other Instructor or user from using and enjoying the Communication Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
12. Harvest or otherwise collect information about others, including email addresses.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Instructors of the Services or other Instructor or usage information or any portion thereof.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Company reserves the right to terminate Instructor's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever; provided, however, that Instructor MAY BE ALLOWED (at Company's sole discretion) to pay a fine of not to exceed $500 in the event of any violation of these ITOU and still retain access to Communication Services. Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Instructor is responsible for adhering to such limitations if Instructor downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from Instructor's participation in any Communication Services. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
If any of the Services requires Instructor to open an account, Instructor must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. Instructor also will choose a password and a Instructor name. Instructor is entirely responsible for maintaining the confidentiality of Instructor's password and account. Furthermore, Instructor is entirely responsible for any and all activities that occur under Instructor's account. Instructor agrees to notify Company immediately of any unauthorized use of Instructor's account or any other breach of security. Company will not be liable for any loss that Instructor may incur as a result of someone else using Instructor's password or account, either with or without Instructor's knowledge. However, Instructor could be held liable for losses incurred by Company or another party due to someone else using Instructor's account or password. Instructor may not use anyone else's account at any time, without the permission of the account holder.
Any software that is made available to download from the Services ("Software") is the copyrighted work of Company and/or its suppliers. Use of the Software is governed by the terms of the end Instructor license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Instructor will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end Instructors according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, If at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Company hereby disclaims all warranties and conditions with regard to the software, Including all warranties and conditions of merchantability, Whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Company may make available as part of the services or in it's software products, tools and utilities for use AND/OR download. Company does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
Unless set forth otherwise in the Instructor Agreement, Company does not claim ownership of the materials Instructor provide to Company (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") Instructor's Submission Instructor is granting Company, its affiliated companies and necessary sublicensees permission to use Instructor's Submission in connection with the operation of their Internet businesses (including, without limitation, all Company Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Instructor's Submission; to publish Instructor's name in connection with Instructor's Submission; and the right to sublicense such rights to any supplier of the Services.
A. Instructor expressly agrees that use of site is at instructor's sole risk. Neither company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that site will be uninterrupted or error free; nor do they make any warranty as to the warranty as to the results that may be obtained from use of site or as to the accuracy, Reliability or content of any information, service, or merchandise provided through site.
B. Site is provided on an "AS IS" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. Instructor specifically acknowledged that Company is not liable for the defamatory, offensive or illegal conduct of other instructors or third-parties and that the risk of injury from the foregoing rests entirely with instructor.
D. In no event will company, or any person or entity involved in creating, producing or distributing sote or the company software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use site. Instructor hereby acknowledged that the provisions of this section shall apply to all content on the site.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE INSTRUCTOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
COMPANY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO COMPANY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT COMPANY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT COMPANY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Company shall have the right, but not the obligation, to monitor the content of eKnowledgehub.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on eKnowledgehub.com. Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Instructor agrees to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Site by Instructor or Instructor's account. Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to litigation to enforce this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys' fees and costs in such litigation from the party or parties against whom enforcement was sought.
Company shall have the right to immediately terminate Instructor's account in the event of any conduct by Instructor which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Instructor of this Agreement.
Company trademarks may be used only with written permission from Company. eKnowledgehub.com and any associated products are registered trademarks or trademarks of Company. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Company or any third party.
This Agreement and any operating rules for eKnowledgehub.com established by Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the state of Illinois without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. It is the intention of the parties that the covenants contained in Sections 6 and 7 shall be enforced to the greatest extent (but to no greater extent) in time, area, and degree of participation as is permitted by the law of that jurisdiction whose law is found to be applicable to any acts allegedly in breach of these covenants. It being the purpose of this Agreement to govern competition by Instructor anywhere throughout the world, these covenants shall be governed by and construed according to that law (from among those jurisdictions arguably applicable to this Agreement and those in which a breach of this Agreement is alleged to have occurred or to be threatened) which best gives them effect.
This Agreement along with the associated Instructor Agreement represents the entire understanding between Instructor and Company regarding any classes offered through www.eKnowledgehub.com hereunder and supersedes any prior statements or representations. By offering classes on Site, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT