Terms of Service
PLEASE REVIEW THE FOLLOWING CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW.
General. These Terms of Service will be governed and construed in accordance with the laws of Australia. Both parties agree that these Terms of Service constitute the entire agreement between the parties, and supersede or replace all previous written or oral agreements relating to the subject matter of these Terms of Service.
Acceptance of Terms: Learn-with-us provides both users with tools and services to create and distribute resouces and courses, and invite others to learn and contribute. Such invitation can take place via email or Web site. This document describes the terms under which the Learn-with-us services are offered to users.
Availability of Service. Planned or unplanned maintenance of this site can occur at any time. We will work to restore access to the service as quickly as possible, but, like any other Internet- delivered service, we cannot provide a guarantee of 100% availability of service. Users are responsible for obtaining and maintaining their own hardware and software to access this site. Learn-with-us is not responsible for loss of availability of the site due to lost passwords, though we will provide a new password upon request. Learn-with-us is not responsible for loss of access to the site due to viruses, malicious attacks, or other efforts of others to slow down or stop the system.
Loss of Data. Data stored in Learn-with-us websites and the links to other websites may not be available which is beyond our control. Users are solely responsible for the adequate protection and backup of their own data. Users will not make a claim against Learn-with-us for loss of data, business interruption, inaccurate informaton, work delays or lost profile resulting from the use of this site. Learn-with-us also reserves the right to periodically purge old, incomplete, and/or unused data from its databases, including user-created or collected data.
Minor Policy. Learn-with-us has no way to verify the age of person using this site. Users participating in the courses or the creation of courses or resources are solely responsible for the content. However, if there is evident that inappropriate content has been included and make available to person under the legal age to view such content, Learn-with-us reserve the right to remove the courses or resources from our system without prior notice.
Registration and Password. Users need to provide their email in order to receive the password so as to participate in some or all of the services provided by Learn-with-us. Our use of such information is specified in our Privacy Policy
Use of Service and Documentation. This site's services are provided "as is," without warranty and without any guarantee of fitness for a particular purpose. We also make no guaranties as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.
Restrictions on Use. One of the primary goals of Learn-with-us is to develop an online learning community whereby users can create, distribute resources and courses, and participate in learning activities. Given these goals, users (hereafter referred to as "you") may not inhibit or restrict any other user from using and enjoying the Learn-with-us site. You shall use the Learn-with-us site for lawful purposes only. You shall not post, upload, email, or transmit through the site any material that:
- violates or infringes in any way upon the rights of others;
- you do not have the right to disclose due to contractual or fiduciary relationships with one's employer;
- is copyrighted information;
- is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable;
- contains viruses or computer code designed to destroy or interrupt any services by Learn-with-us;
- encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law, or;
Users or members may not:
Without Learn-with-us's express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers or other online services and systems. Finally, any conduct by you, that in Learn-with-us's discretion restricts or inhibits any other user from using or enjoying the site, will not be permitted.
Termination of Survey. If a user is found to have violated the Terms of Service set forth in this document, any or all access to the system will be terminated immediately and without prior notice. Learn-with-us shall not be liable to user or any third party in any manner for termination of the Service. In the event that user should become dissatisfied with the Terms of Service or any modifications thereof, or with the Service or the Site, user's only recourse is to discontinue use of the service. Upon termination, user's right to use the service and the Learn-with-us Web site cease immediately and Learn-with-us shall have no obligation whatsoever to the user.
Proprietary Rights. Learn-with-us, licensed from Ip and Associates P/L, and its content including the graphics, names, text, software, music, videos, sound, pictures, compilations, templates, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Learn-with-us Web site to the extent such content is provided and/or designed by Learn-with-us, is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
User acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Learn-with-us, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Learn-with-us grants you a personal, non-transferable and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. User agrees not to access the Service by any means other than through the interface that is provided by Learn-with-us for use in accessing the Service.
Trademarks. Learn-with-us, Learn-with-us.com, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Learn-with-us. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
Monitoring. Learn-with-us shall have the right, but not the obligation, to monitor the content of the site, to determine compliance with these Terms of Service and any operating rules established by Learn-with-us and to satisfy any law, regulation, or authorized government request. Learn-with-us shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted to the site. Without limiting the foregoing, Learn-with-us shall have the right to remove any material that Learn-with-us, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification. You agree to defend, indemnify, and hold harmless Learn-with-us and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of the services of this site or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.
Disclaimer of Warranty and Limitation of Liability. User expressly agree that use of the Learn-with-us site and its affiliated sites is at user's sole risk. Neither Learn-with-us, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this site, or the accuracy or reliability of any information, service, or merchandise provided through the site. Learn-with-us assumes no responsibility and shall not be liable for any damages to, or viruses that may affect, your computer equipment or other property in connection with your access to, use of, or browsing through the Learn-with-us related Web sites, or your downloading of any information from the Learn-with-us site. Learn-with-us does not warrant or guarantee that (a) any information available through the site will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties; or (b) the content will be free of adult-oriented material or questions that some individuals might deem objectionable; or (c) the functions or services of Learn-with-us and its Web sites will be uninterrupted or error-free or that defects in any Learn-with-us Web site will be corrected. The site is provided "as is" without warranties of any kind, either express or implied. In no event will Learn-with-us or any person or entity involved in creating, producing, or distributing content included therein, be liable in contract or in tort for any damages including without limitation, direct, indirect, incidental, punitive, consequential, or similar damages including without limitation lost profits, lost revenues, loss of use or similar economic loss arising out of the use or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST Learn-with-us FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SITE OR INFORMATION.
Learn-with-us IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY CONTENT CREATED BY OR USED BY USERS,
No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
Ownership of Submitted Content. You agree to grant a non-exclusive, perpetual and irrevocable right to Learn-with-us for any use of any and all information, ideas, and suggestions that you provide to Learn-with-us, including, without limitation, Learn-with-us and/or any of its subsidiaries or affiliates. Additionally, you agree to defend, indemnify, and hold Learn-with-us and its affiliates, subsidiaries, officers, directors, agents, and employees harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with any claims that the information you provide to Learn-with-us Sites infringes on any copyright, trademark, patent, or any other intellectual property right of any third party.
Links to Other Sites and Advertisers. Throughout this site, there may be many links to other Worldwide Web resources, as well as advertising material for other sites that include links to those sites. However, because Learn-with-us has no control over such external sites and resources, you agree that Learn-with-us is not responsible for the availability of such resources. In addition, it does not endorse, and is not responsible for, any content, advertising, or other materials found there. Learn-with-us also is not responsible for the privacy practices or content of any Web sites that it links to. You acknowledge that Learn-with-us is not responsible or liable, directly or indirectly, for any damage or alleged events connected to the use or reliance on any content or services available through any such site or resource.
Privacy. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy.
Jurisdiction. The Terms of Service and the relationship between User and Learn-with-us shall be treated as if entered into and executed in the State of Victoria, Australia and shall be governed and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in Australia. The failure of Learn-with-us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. Learn-with-us makes no representation that the materials and content on the Learn-with-us site or related services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Learn-with-us Web site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. You agree that regardless of any statute or law to the contrary, any claim or demand under the Terms of Service must be made within 1 year of the occurrence or be forever barred. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
Changes to this Policy. The above Terms of Service are effective as of October 1, 2005. Learn-with-us reserves the right at any time to change the Terms of Service without notice as well as change or discontinue any aspect or feature of the site, including, without limitation, the content, tools, hours of availability, and hardware/software needed for access and use of the site. If there are material changes in the Terms of Service, Learn-with-us will attempt to notify all registered users of these policy changes in a reasonable time directly via email at the email address provided to Learn-with-us by registered users as well as prominently posting new policies at the Learn-with-us Web site for at least 30 business days prior to the implementing the new practice. Both the email to registered users and the notice on our Web site will explain how to notify us if a user objects to the new practice(s) and wishes to prevent such use.
Your Acceptance of These Terms. By using this Web site, you signify your consent to Learn-with-us's Terms of Service. If you do not agree to this, please do not use our Web sites or services. Your continued use of Learn-with-us Web sites or services following the posting of changes to these terms will mean you accept those changes in accordance with the Terms of Service.