TERMS OF USE

AGREEMENT BETWEEN USER AND THE LEARNOSPHERE LMS (LEARNOSPHERE)
Learnosphere is offered to you on the condition of your acceptance of the terms, conditions, and notices contained herein. Your use of Learnosphere constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Learnosphere reserves the right to change the terms, conditions, and notices under which it is offered, including but not limited to the charges associated with the use of Learnosphere.

LINKS TO THIRD PARTY SITES
Learnosphere may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Learnosphere, and Learnosphere is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Learnosphere is not responsible for any transmission received from any Linked Site. Learnosphere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Learnosphere of the site or any association with its operators.

FEES
When you sign up as a customer, you will be billed in advance for use of the platform, based on the number of users and period that you choose. If your usage of our services increases over what is stated in your plan, we will bill you for that additional usage, and you agree that you will pay for that additional usage. If at any time you default on a payment to Learnosphere, we can choose to suspend or terminate your use of the service without notice.

CANCELLATION / TERMINATION AND REFUNDS
When the period you have chosen for your plan expires, the contract will be automatically renewed, and you will be billed in advance for the subsequent period.

If you wish to cancel / terminate the services, you may do so by providing a 48-hour advance, written notice to learnosphere@learnnovators.com. In that case, the service will be terminated when the contract period comes to an end.

We do not provide any refunds on pre-paid fees.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of Learnosphere, you warrant that you will not use Learnosphere for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Learnosphere in any manner which could damage, disable, overburden, or impair Learnosphere or interfere with any other party's use and enjoyment of Learnosphere. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Learnosphere.

USE OF COMMUNICATION SERVICES
Learnosphere may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, 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 or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload 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, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any 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.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Learnosphere has no obligation to monitor the Communication Services. However, Learnosphere reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Learnosphere reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

Learnosphere reserves the right at all times to disclose any information as 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, at its sole discretion.

Learnosphere advises you to use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Learnosphere does not control or endorse the content, messages or information found in any Communication Service and, therefore, Learnosphere specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Learnosphere spokespersons, and their views do not necessarily reflect those of Learnosphere.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


MATERIALS PROVIDED TO LEARNOSPHERE OR POSTED ON LEARNOSPHERE
Learnosphere does not claim ownership of the materials you provide to Learnosphere (including feedback and suggestions) or post, upload, input or submit to Learnosphere (collectively "Submissions"). However, by posting, uploading, inputting, or providing your Submission you are granting Learnosphere permission to use it in connection with the operation of Learnosphere including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Learnosphere is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Learnosphere's sole discretion.

By posting, uploading, inputting, or providing your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, or input the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH LEARNOSPHERE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. LEARNOSPHERE MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME. ADVICE RECEIVED VIA LEARNOSPHERE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LEARNOSPHERE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON LEARNOSPHERE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEARNOSPHERE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEARNOSPHERE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LEARNOSPHERE, WITH THE DELAY OR INABILITY TO USE LEARNOSPHERE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH LEARNOSPHERE, OR OTHERWISE ARISING OUT OF THE USE OF LEARNOSPHERE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEARNOSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LEARNOSPHERE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LEARNOSPHERE.
SERVICE CONTACT: learnosphere@learnnovators.com

TERMINATION/ACCESS RESTRICTION
Learnosphere reserves the right, in its sole discretion, to terminate your access to Learnosphere and the related services or any portion thereof at any time, without notice.

GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tamil Nadu, India, and you hereby consent to the exclusive jurisdiction and venue of courts in Chennai, Tamil Nadu, India, in all disputes arising out of or relating to the use of Learnosphere. Use of Learnosphere is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Learnosphere as a result of this agreement or use of Learnosphere. Learnosphere's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Learnosphere's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Learnosphere or information provided to or gathered by Learnosphere with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Learnosphere with respect to Learnosphere and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Learnosphere with respect to Learnosphere. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of Learnosphere are Copyright 2016 by Learnosphere. All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.
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