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Terms of use

Terms of service

These Terms of Use/Terms of Service apply to all users of the Learning Content Network web site (A Training Industry, Inc. service), including users who are Contributors of Content information and other materials (Contributors) on, or made available through, the web site. These Terms of Use may be in addition to the terms and conditions of a Learning Provider Agreement or other separate agreements, if applicable, between you and Brainshark, Inc. which provides the underlying content authoring software and ecommerce aspects of the web site. In the event of a conflict between the terms of such separate agreements and these Terms of Use, the separate agreement shall govern with respect to the subject matter of such conflicting terms.

By accessing materials on Learning Content Network, you agree:

This web site is owned and operated by Learning Content Network. It contains material which Learning Content Network owns or has permission to use. All material on this site is protected by international copyright, trademark and other intellectual property laws. You may download material from this site for your personal, non-commercial use only as long as you keep intact all copyright and other proprietary notices. But, you may not modify, copy, reproduce, publish, upload, post, transmit or distribute any material from this site, including any programming code and software, in any manner without the express permission of Learning Content Network. Your rights are personal and may not be assigned or transferred by you to anyone else. You are solely responsible for all access to the web site originating with your identification and any password needed for sited access. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

The content authoring software for the Learning Content Network is owned and operated by Brainshark, Inc. Subject to the terms and restrictions herein, Brainshark hereby grants Contributors of Content a non-exclusive, non-transferable, non-sublicensable license to access and use the its proprietary software (in object code format only) (the "Software"), for the limited purposes set forth in the “Site Access” section below. Furthermore, you agree not to copy, modify, adapt, reverse-engineer or create derivative works of the Software.

If you do not agree to any of these terms, then please do not use this web site or any Learning Content Network services.

Third party Content

Learning Content Network web site displays and/or makes available materials and links to files (Content), in a variety of formats which are uploaded or linked to by Contributors, over whom Learning Content Network exercises no control. Learning Content Network cannot and does not screen the materials before or after allowing them to be made available to third parties. Content may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Content made available via the web site will be free of objectionable materials. We therefore assume no responsibility for any Content on, or otherwise linked to, the web site.

Copyright infringement policy

Learning Content Network responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.

Site access

To access some features of the web site, you will have to create a member account. You may never use another's member account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Learning Content Network immediately of any breach of security or unauthorized use of your account. Although Learning Content Network will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Learning Content Network or others due to such unauthorized use.

You may access and use the web site and the Software solely for the purposes of (i) authoring digital content for distribution on the web site (ii) viewing Third Party Content on the web site; (iii) using other features and functionality made available to you from time to time on the web site, (iv) purchasing view access to Third Party Content for your personal use, and/or (v) licensing copies of certain Third Party Content for use within your organization, provided the integrity of the content of such Content, including the expression and organization of the Content, is preserved in its whole. Content may include information, data, text, music, sound, photographs, graphics, video, messages and/or other materials owned or licensed by Contributors.

Users, including Contributors, understand and agree that third-party advertising, in any commercially reasonable format, may be made available to users of the web site, including in connection with uploaded Content. Users, including Contributors, expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by, or received by, Learning Content Network for the display of any such advertisements.

You affirm that you are at least 18 years of age or otherwise possess legal parental or guardian consent to enter into and abide by these Terms of Use.

Intellectual property rights

All materials on the web site, other than the Content submitted by Contributors, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and other information and materials including the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Learning Content Network, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Learning Content Network materials and Third Party Content made available for review and/or purchase on or via the web site, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Learning Content Network or the respective owners of such Content. Learning Content Network reserves all rights not expressly granted in and to the web site and the Learning Content Network materials. You agree to not engage in the use, copying, or distribution of any of the Learning Content Network materials or Content, other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the web site for any commercial or service bureau purposes. If you download or print a copy of any Learning Content Network materials or Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the web site or features that prevent or restrict use or copying of any Learning Content Network materials or Content, or enforce limitations on use of the web site or the Learning Content Network materials or Content displayed or made available therein.

Brainshark or Brainshark’s licensors retain all ownership of, and intellectual property rights in, the Software. Except for the limited license granted to you herein, you have no right, title or interest in the Software.

Content

If you are a Contributor, you understand that whether or not your Content materials are displayed or otherwise made available, Learning Content Network and Brainshark do not guarantee any confidentiality or security with respect to any such Content.

You shall be solely responsible for your Content and the consequences of posting or publishing them. In connection with Content, you affirm, represent, and/or warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Learning Content Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the web site and these Terms of Service; and
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the web site and these Terms of Service.

Nothing in these Terms of Service change, affect, or diminish in any way whatever rights Contributors may have in the Content. Contributors retain ownership of, and all intellectual property rights in, the Content published to the Learning Content Network. However, Contributors grant Learning Content Network and Brainshark and its syndication sites a worldwide, royalty-free and non-exclusive license and right to copy, distribute, publicly display, market, and promote such Content. Such license and rights shall apply with respect to any form, media, or technology now known or later developed.

Understand that when using the Learning Content Network, you will be exposed to Content from a variety of sources, and that Learning Content Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Learning Content Network with respect thereto, and agree to indemnify and hold Learning Content Network, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the web site.

Contributors understand and agree that third-party advertising, in any commercially reasonable format, made be made available to users of the web site, including in connection with uploaded Content. Contributors expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by Learning Content Network for) the display of any such advertisements.

Disclaimer

The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Learning Content Network disclaims all warranties, express or implied, including, but not limited to, any IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Learning Content Network does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components.

Learning Content Network may provide links and pointers to Internet sites maintained by others. Learning Content Network has no control or responsibility in any respect for any information, products or services on these third-party sites.

Learning Content Network does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the risk in using this material and the entire cost of all necessary maintenance, repair or correction.

Communication Applications

This service may include email lists, forums, chat rooms, or other methods of posting messages between users and Learning Content Network or other users ("bulletin boards"). The bulletin boards may permit real-time interaction between users. Learning Content Network may or may not monitor or moderate the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this site that you do not:

  • Post or transmit any message or materials that are not reasonably related to the purpose of the bulletin board as stated on the subscription page for that bulletin board.
  • Restrict or inhibit any other user from using and enjoying the bulletin boards, by means including, but not limited to, the posting of harassing, annoying, inflammatory, insulting, rude, or otherwise unprofessional messages directed at any other individual, group of individuals, or entity.
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Post or transmit any message, information, software or other material that contains a virus or other harmful component.
  • Post or transmit any messages, information, software or other material for commercial purposes or post or transmit messages, information, software, attachments, or other material that constitute or contain advertising for or promotion of any product or service.
  • You understand that Learning Content Network has no obligation to monitor the bulletin boards or e-mail lists, but reserves the right at all times to do so and to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Learning Content Network's sole discretion are objectionable or in violation of these terms and conditions. Other conditions may apply to a specific service or bulletin board and will be posted as part of that service.
  • Users who violate Learning Content Network’s terms of use may have their rights of access to the Learning Content Network site withdrawn with or without prior notice.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall Learning Content Network or Brainshark or any of their subsidiaries or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Learning Content Network materials. You specifically acknowledge and agree that Learning Content Network is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Learning Content Network material, or with any of the terms and conditions of use of this site, your sole and exclusive remedy is to discontinue using Learning Content Network.

Termination

This agreement is effective until terminated. You may terminate at any time by simply no longer using the site. Learning Content Network may terminate Learning Content Network or any of its services, at any time without notice. Additionally, Learning Content Network may terminate your right to access Learning Content Network for violation of any of these terms of service by you at any time without notice. In the event of termination, you will no longer be authorized to access the terminated services. However, the disclaimers and limitations of liabilities based on prior use of the site as set forth in this agreement, shall survive.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Learning Content Network reserves the right to amend, change, or modify the Terms of Service at any time with or without notice and use of the service after such changes will constitute acceptance of the changes to the Terms of Service.

Trademarks

Learning Content Network and Brainshark own their respective trademarks shown throughout this web site. All rights are reserved.

Digital Millennium Copyright Act Notice Procedures

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the web site are covered by a single notification, provide a representative list of such works;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Learning Content Network to locate the material. Please provide a url for each materials or Content that you claim to be infringing.
  3. Information reasonably sufficient to permit Learning Content Network to contact you, such as an address, telephone number, and, if available, an electronic mail;
  4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Sign the document
  7. Send the document to Learning Content Network's designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:

Copyright Office
c/o Learning Content Network
401 Harrison Oaks Blvd., Suite 300
Cary, NC 27513
Fax: 919.653.4999

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Contact us
If you have any questions about this Terms of Use/Terms of Service statement, the practices of this web site, or your dealings with this web site, please contact: info@LearningContentNetwork.com