Terms and Conditions
Access to and use of MySmartForce and Hosted SkillPort, including chat rooms and discussion groups (the "Web Site") are subject to the following terms, conditions and notices. By accessing the Web Site you accept and agree to be bound by the terms, conditions and notices set forth herein (this "Agreement"). To the extent that you have entered into a written agreement containing terms that directly conflict with any terms of this Agreement, then the conflicting terms set forth in the written agreement shall control. MySmartForce and Hosted SkillPort are services of SkillSoft ("the Company"). The Company, may at any time and in its sole discretion, modify the terms of this Agreement by updating this Web page. Therefore, you should review this page from time to time so that you will be aware of any such modifications.The Company may post additional guidelines or rules, whether relating to particular subparts of the Web Site or otherwise (the "Subpart Terms") from time to time. Any Subpart Terms are hereby incorporated into this Agreement by reference; provided, however, that in the event of a direct conflict between any Subpart Terms and the terms set forth on this page, the terms hereof shall control.
Use of Material; Non-Commercial Purpose
The contents of the Web Site are protected by copyright and other laws in both the United States and elsewhere. The contents of this Web Site include both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company. The Company authorizes you to view and download a single copy of any material on the Web Site solely for your personal, noncommercial use. The Web Site is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Web Site.Links
The Web Site may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of the Company and the Company is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by the Company or any association with its operators. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.Chat Rooms and Discussion Groups
In General. The Web Site contains chat rooms and discussion groups. These are intended to provide users with a valuable resource on selected topics. Much, if not most, of the content found on such chat rooms and discussion groups is provided by third party users, and not the Company. The third party user who is posting in a chat room or discussion group, and not the Company, is responsible for the content of such posting.Standard of Conduct. You agree that you are responsible for your own communications with respect to any chat room or discussion group and for any consequences thereof, and you agree to use the chat rooms and forums only to post, send and receive messages and material that are proper and related to the particular chat room or discussion group. By way of example, and not as a limitation, you agree that when using a chat room or discussion group you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute, disseminate or offer to do the same ("Post") any topic, name, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, infringing, defamatory, libelous, inappropriate, profane, vulgar, obscene, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- Post files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
- Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;
- Restrict or inhibit any other user from using and enjoying the Web Site;
- List or collect information about other users, including e-mail addresses, without their consent; or
- Violate any applicable laws or regulations.
No Obligation to Monitor. The Company does not control information delivered to the chat rooms or discussion groups. SmartMentors monitor chat rooms and discussion groups specifically designated as SmartMentor monitored for the limited purpose of responding to on-topic questions or comments. Except to the extent specifically set forth in this Agreement, the Company has no obligation to monitor any chat room or discussion group, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this Agreement. Notwithstanding the foregoing, the Company reserves the right to monitor, for any purpose, any chat room or discussion group at any time.
Certain Company Rights. In addition to reserving the right to monitor, for any purpose, any chat room or discussion group at any time, the Company also reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion. You may report any communication that you believe to be contrary to any provision of this Agreement by sending e-mail to support@SkillSoft.com. If the Company discovers any communication that is alleged not to conform to any term hereof, then the Company may, but need not, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities.
License. The Company does not claim ownership of the content you or other users provide, post, upload, input or submit to the Web Site. However, by posting your submission you are granting the Company a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the Web Site, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Web Site.Certain Copyright Issues
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
No Warranties; Limitation of Liability; Disclaimer of Damages
THE WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENTS HEREOF. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, THE COMPANY'S PRIVACY POLICY , OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE. ALTHOUGH THE WEB SITE IS INTENDED TO BE EDUCATIONAL, NEITHER THE COMPANY OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEB SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEB SITE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.Miscellaneous
This Agreement is governed by the internal laws of the State of New Hampshire, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and the Company with respect to the Web Site and supercedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and the Company with respect to the Web Site.
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