eLearningART.com Content License Agreement
( Last Updated: February 6, 2015)
This Content License Agreement (“Agreement”) governs the terms and conditions by which clients of Pareto Corporation, doing business as eLearningART.com (“eLearningART”), obtain certain rights to use Licensed Materials (as defined below) that are provided by eLearningART through its web site(s) located at https://www.elearningart.com, https://my.elearningart.net, https://blog.elearningart.com and other URLs identified in writing by eLearningArt (collectively, the “Site”) or by other means (such as via software or physical media).
Please carefully read this Agreement before accessing, downloading or using the Licensed Materials. You must indicate your acceptance of this Agreement in order to be able to access, download or use the Licensed Materials, such as by clicking “I Agree” (or similar) when you first sign-in to eLearningArt’s membership Site. If applicable, when you enter a password “iagree” to access certain Licensed Materials (or some other similar text as directed by eLearningART), you are indicating your acceptance of this Agreement. By indicating your acceptance of this Agreement, you are indicating that you have carefully read and that you understand the terms and conditions of this Agreement, are of legal age to enter into this Agreement, and agree to be legally bound by this Agreement, on behalf of yourself and, if you are acting as a representative of a legal entity, on behalf of such entity (you and any such entity, the “Licensee”). If you are accepting on behalf of an entity, you represent and warrant that you have full legal authority to bind such entity.
If you do not accept any of the terms and conditions of this Agreement, or you do not have the power and authority to bind the entity on behalf of which you are acting, you are not permitted to access, download or use the Licensed Materials.
eLearningART reserves the right to change this Agreement, in whole or in part, from time to time at its sole discretion, and to provide Licensee with notice of such changes by any reasonable means, including, without limitation, by making the revised version of this Agreement available through the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. Licensee’s continued use of the Licensed Materials following our making available any revised version of this Agreement will mean that Licensee accepts that revised version of this Agreement, provided that any material change to this Agreement will not apply retroactively to any claim or dispute between Licensee and eLearningART that arose prior to the “Last Updated” date applicable to that version of this Agreement in which eLearningART included such material change. If you do not agree to any changes made to this Agreement, you may not access, download or use the Licensed Materials.
eLearningART may, at any time, modify or discontinue all or part of the Licensed Materials; charge, modify or waive fees required to access, download or use the Licensed Materials; or offer opportunities to some or all Licensed Materials users.
1.Definition. “Licensed Materials” refers to any and all images, illustrations, animations, digital files, templates, fonts, photographs, audio files, video files, sound clips, or other products that are protected by copyright or other intellectual property right, that are licensed to Licensee by eLearningART under the terms of this Agreement, including any updates, upgrades, revisions, new versions, supplements, add-on components, and Internet-based services components thereof that eLearningART elects to provide or make available to Licensee, or any samples of the foregoing.
2.Grant of Rights. Subject to Licensee’s payment in full of the License Fee (defined below, if applicable) and compliance with all terms and conditions of this Agreement, eLearningART grants to Licensee the non-exclusive, non-transferable, non-sublicensable, worldwide right to reproduce the Licensed Materials an unlimited number of times, solely in training and course materials such as e-learning, brochures, manuals, slides, and any other specific uses designated in writing by eLearningART (collectively, “Licensed Uses”), solely during the applicable License Period (defined below). If eLearningArt agrees to permit any such other specific uses as Licensed Uses, Licensee may not use any Licensed Material for such other uses in any resolution exceeding 1024 pixels by 768 pixels.Without limiting the foregoing, eLearningArt may notify Licensee from time to time of additional terms and conditions, such as additional license restrictions and fees, that will apply to such other uses. For clarification as to whether a proposed use is a Licensed Use, contact eLearningART’s Customer Support at [email protected] Licensee may alter, crop, manipulate, and create derivative works of the Licensed Materials solely for the Licensed Uses and solely during the License Period. Licensee may transfer files containing the Licensed Materials to clients, printers, or an Internet Service Provider, solely for Licensed Uses, provided that such third parties shall have no additional or other rights to use the Licensed Materials.
The “License Fee” and the number of Licensee’s employees permitted to access and use the Licensed Materials for the Licensed Uses will be, throughout the License Period, the fee amount and number of permitted employees as set forth, at the beginning of the License Period, in the license plan selected by Licensee from among those plans offered by eLearningArt at https://www.elearningart.net, unless and until Licensee selects a different license plan from among those plans then-currently offered by eLearningArt. The “License Period” means, unless terminated by eLearningArt in accordance with this Agreement: (1) collectively: (a) the period, if any, for which Licensee pays the applicable License Fee (a “Paid License Period”) and (b) the period, if any, designated by eLearningArt in its discretion as a free trial period (a “Trial License Period”); or (2) for sample License Materials that eLearningArt has in its discretion provided to a prospective paying Licensee at no charge: a perpetual period (“Free Sample License Period”).
Upon expiration or termination of any License Period, Licensee may not use, reproduce, distribute, transfer or otherwise make available or create derivative works of the Licensed Materials. In addition, upon expiration or termination of any Trial License Period or termination of any Paid License Period, Licensee may not use, reproduce, distribute, transfer, sell, license or otherwise make available any derivative works of any Licensed Materials. Upon termination of any Free Sample License Period, Licensee may not use, reproduce, distribute, transfer, sell, license or otherwise make available any derivative works of the affected Licensed Materials Notwithstanding the foregoing, upon expiration of any Paid License Period, subject to the terms and conditions of this License Agreement, Licensee may continue to use, reproduce, distribute, transfer, sell and/or license, for Licensed Uses, any such derivative works that were developed and created in accordance with this Agreement during such Paid License Period and/or any preceding Trial License Period.
Licensee may make one (1) copy of the Licensed Materials solely for back-up purposes, as long as Licensee maintains a copy of this Agreement with the back-up copy.
3.Restrictions. Licensee may not download or otherwise access any Licensed Materials using any automated or semi-automated means, including, without limitation, any robot, spider or site search/retrieval/scraping application.
Licensee may not sublicense, sell, rent, lease, assign, convey or transfer this License Agreement or the Licensed Materials, or otherwise make available the Licensed Materials, but Licensee may sell or license derivative works incorporating the Licensed Materials as set forth herein.
Licensee may not sell, license, distribute or otherwise make available any derivative work containing the Licensed Materials in a way that would allow a third party to download, extract, or access the Licensed Materials as a standalone file or work, except to the extent necessary to sell or license such derivative work in a file format that is standard and widely-accepted in Licensee’s industry.
Licensee may not post the Licensed Materials on the Internet, Intranet, or a company server, unless access is restricted, such as through the use of unique user accounts with password protection, to Licensee’ employees as identified in Section 2 above.
The Licensed Materials may not be used, whether directly or in conjunction with other materials, in any manner that may harm, offend or depict in a bad light (as determined by eLearningART in its sole discretion) eLearningART or any of its licensors, or any of the persons or products contained in the Licensed Materials. Without limiting the foregoing, the Licensed Materials may not be used, whether directly or in conjunction with other materials (a) in any manner that involves politics, firearms, alcohol, tobacco, controlled substances, pharmaceutical products, supplements, personal hygiene products, birth control products, gambling, adult entertainment, dating services, and/or illegal activities, or that implies that any person depicted in the Licensed Materials suffers from any physical or mental infirmity, ailment or condition, (b) in a pornographic, defamatory, or otherwise illegal manner; and/or (c) in any manner that infringes or violates any third-party trademark, copyright or other intellectual property, privacy or publicity right.
Licensee may not remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols, labels or other information, including without limitation the name “eLearningART”, that may appear in the Licensed Materials or may otherwise be embedded in the electronic file containing the Licensed Materials.
4.Proprietary Rights.The Licensed Materials incorporate and are protected by various intellectual property rights, including, without limitation, copyrights, trademarks, patents, trade secrets, moral rights and database rights and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). eLearningART does not transfer title to the Licensed Materials to Licensee; this license shall not be considered a “sale” of the Licensed Materials. Licensee agrees that the Licensed Materials, including all Intellectual Property Rights therein, belong to eLearningART and its affiliates and licensors, unless otherwise specified. eLearningART reserves all rights not expressly granted to Licensee in this Agreement. PLEASE NOTE THAT UNAUTHORIZED USE OF THE LICENSED MATERIAL MAY SUBJECT LICENSEE TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
5.No Further Obligations.eLearningART has no obligations to Licensee hereunder except as expressly set forth herein; for the avoidance of doubt, and without limiting the foregoing, eLearningART has no obligation to furnish any maintenance or support services with respect to the Licensed Materials.
6.Warranty.ELearningART warrants that: (i) it has all the necessary rights and authority to enter into and perform this Agreement; (ii) the Licensed Materials will be free from defects in material and workmanship for 30 days from delivery (Licensee’s sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Materials); and (iii) Licensee’s use of the Licensed Materials in their original form and when used in accordance with this Agreement will not infringe on any U.S. copyright and will not violate any right of privacy or publicity under U.S. law.
7.DISCLAIMERS OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH OTHERWISE HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEARNINGART AND ITS AFFILIATES AND LICENSORS PROVIDE THE LICENSED MATERIALS “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE LICENSED MATERIALS. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE HEREIN, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT, WITH REGARD TO THE LICENSED MATERIALS. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF USE OR PERFORMANCE, OF THE LICENSED MATERIALS, REMAINS WITH LICENSEE.
WITHOUT LIMITING THE FOREGOING, ELEARNINGART AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING ANY STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTY, (B) THAT ACCESS TO THE LICENSED MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR (D) THAT THE SERVERS OR NETWORKS THROUGH WHICH THE LICENSED MATERIALS ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY REPRESENTATIONS OR WARRANTIES MADE BY ELEARNINGART IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIALS AS DELIVERED TO LICENSEE BY ELEARNINGART, AND WILL BE INVALID IF THE LICENSED MATERIALS ARE USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE OTHERWISE BREACHES THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS OF CERTAIN IMPLIED WARRANTIES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO LICENSEE, SOME OR ALL OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO LICENSEE, AND LICENSEE MAY HAVE ADDITIONAL RIGHTS.
8.LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELEARNINGART AND/OR ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED MATERIALS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ELEARNINGART AND/OR ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, AND EVEN IF ELEARNINGART AND/OR ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT LICENSEE MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ELEARNINGART AND/OR ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO ANY PROVISION OF THIS AGREEMENT, AND LICENSEE’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, WILL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY ELEARNINGART FROM LICENSEE, DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, FOR THE USE OF THE LICENSED MATERIALS HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.
9.Unauthorized Use.Any use of Licensed Materials in a manner not expressly authorized by this Agreement or in breach of this Agreement constitutes copyright infringement, entitling eLearningART to exercise all rights and remedies available to it under this Agreement and/or any applicable copyright or other laws. In addition and without prejudice to such rights and remedies, eLearningART reserves the right to charge, and Licensee agrees to pay, a fee equal to five times eLearningART’s normal license fee.
10.Compliance with Laws. Licensee agrees to comply strictly with all applicable laws, rules and regulations in respect of use of the Licensed Materials.
11.Termination.Without prejudice to any other rights or remedies eLearningART may have, if Licensee fails to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the rights granted herein) will automatically terminate, whereupon Licensee will immediately (a) cease using and making available the Licensed Materials and any derivative works thereof; (b) destroy or, upon the request of eLearningART, return the Licensed Materials to eLearningART; and (c) delete or remove the Licensed Materials from Licensee’s premises, computer systems and storage (both electronic and physical copies). Sections 1, 3, 4, 5 and 7-24 shall survive any termination or expiration of this Agreement.
12.Indemnification.Licensee agrees to indemnify, defend and hold eLearningART, its affiliates and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by eLearningART as a result of or in connection with any breach of this Agreement by Licensee and/or anyone acting on Licensee’s behalf.
13.Severability.If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
14.Return Policy.All licenses of the Licensed Materials are final. While eLearningART cannot provide refunds on Licensed Materials, eLearningART strives to provide complete customer satisfaction. Please contact eLearningART by email at [email protected] with any questions or concerns.
15.Sales tax.Licensee is solely responsible for all sales taxes, use taxes, value-added taxes and duties imposed by any jurisdiction as a result of the license granted to Licensee or for Licensee’s use of the Licensed Materials.
16.Applicable Law. This Agreement shall be governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California. The choice of law rules of any jurisdiction, and the United Nations Convention on Contracts for the International Sale of Goods, will not apply.
17.Arbitration.Except as otherwise provided below, Licensee and eLearningART agree to first attempt to negotiate any and all disputes, controversies and/or claims that arises out of or relates to this Agreement (“Dispute”) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon receipt of written notice from the party bringing the Dispute.eLearningART will send its notice to Licensee’s billing address and will email Licensee a copy to the email address Licensee has provided to us. Licensee will send its written notice to eLearningART at 145 Marvin Avenue, Los Altos, California 94022. If a Dispute cannot be resolved through negotiations, either Licensee or eLearningART may elect to have the Dispute (except as set forth below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits Licensee’s and eLearningART’s ability to litigate claims in court, and Licensee and eLearningART each agree to waive their respective rights to a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. Licensee’s arbitration fees and Licensee’s share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such fees and share of arbitrator compensation to be excessive, eLearningART will pay all arbitration fees and arbitrator compensation. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on Licensee and eLearningART, and any award of the arbitrator may be entered in any court of competent jurisdiction. If Licensee is a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for Licensee. For residents outside the United States, any arbitration shall be initiated in Los Altos, State of California, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Los Altos, State of California, United States of America, and Licensee and eLearningART agree to submit to the personal jurisdiction of that court.
Licensee and eLearningART agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of Licensee’s or eLearningART’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim within the jurisdictional limits of the small claims courts.
18.CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING OUT OF AND/OR RELATING TO THE LICENSED MATERIALS IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER LICENSEE NOR ELEARNINGART WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
19.Assignment. Licensee may not assign, transfer or sublicense any of its rights or obligations under this Agreement without eLearningART’s express prior written consent. eLearningART may assign, transfer and/or sublicense any or all of its rights and/or obligations under this Agreement without notice or consent.
20.No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.
21.No Waiver.No waiver of any breach of any term of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless it is in writing and signed by the party or parties waiving the breach.
22.Section Headings.The section headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement.
23.Notices. Notices to Licensee may be made by posting a notice (or a link to a notice) on the Site, by email, or by regular mail, at our discretion. Notices to eLearningART may be made by sending an email to [email protected].
24.Entire Agreement.This Agreement constitutes and contains the entire agreement of the parties with respect to the subject matter hereof, and there are no other agreements, understandings or representations with respect to this subject matter that are not expressly set forth herein. Without limitation, Licensee agrees that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
—- End of Content License Agreement
Last Modified: February 3, 2014
The Website is offered and available to users who are 13 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the CLA for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, except if you are bound by, and in accordance with, the CLA.
If you wish to make any use of material on the Website other than that set out in this section, then please address your request to: [email protected]
The Company name, the terms eLearningArt, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, ” Interactive Services “), that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ” post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Website is operated by Pareto Corporation, 145 Marvin Ave, Los Altos, CA 94022.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]
Thank you for visiting the Website.
Last modified: May 25, 2018
When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
Children Under The Age Of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
Information We Collect About You
When you access the Website, the Company will learn certain information about you during your visit.
Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Similar to other commercial websites, our website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.
We will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
How And Why We Collect Information
The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.
If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to [email protected]gart.com requesting to unsubscribe from future emails.
If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to [email protected] requesting to unsubscribe from future emails.
How Do We Use the Information That You Provide to Us?
We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.
From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.
From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
Disclosure Of Your Information
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.
We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.
We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
How Do We Protect Your Information and Secure Information Transmissions?
We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.
The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Visitors’ GDPR Rights
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
145 Marvin Ave
Los Altos, CA 94022
Email Address: [email protected]
Effective as of 5/25/2018