The Company may post additional guidelines or rules, whether relating to particular subparts of the Web Site or otherwise (the “Subpart Terms”) from time to time. Any Subpart Terms are hereby incorporated into this Agreement by reference; provided, however, that in the event of a direct conflict between any Subpart Terms and the terms set forth on this page, the terms hereof shall control.
Licensed Training Materials & eLearning Courseware Conditions of Use
ESoftSkills grants trainers, coaches and consultants a licence to access and make personal & commercial use of the training materials they purchase a license for. Trainers are allowed to download the materials with the relevant license, customize the content and even brand as their own.
1. LICENSE: Subject to the terms and conditions of this Agreement, the Supplier grants to you a revocable, non-exclusive license to use the training materials, which includes any and all electronic documents downloaded by you, software delivered to you by the Supplier, and any associated updates provided by the Supplier, including any Derivative Works (as defined herein)
(collectively the “Licensed Materials”).
2. OWNERSHIP: You acknowledge that all right, title and interest in the Licensed Materials is the property of the Supplier and that the only rights which you obtain to the Licensed Materials is the right of use in accordance with the terms of this Agreement.
3. USAGE: The license granted in this Agreement is restricted to use for training purposes and/or sell courses to individual learners or businesses training their own employees.
4. ACCESS: You shall not permit the Licensed Materials to be accessible online without restricting access with a username and password. Placing the materials on marketplace, open source, shared content or any third party websites is strictly prohibited.
5. DERIVATIVE WORKS: Under this Agreement, you may customize the Licensed Materials, including localization and translation for training purposes (“Derivative Works”). This also includes the use of instructor-led virtual training/webinars.
6. RESALE: This Agreement specifically prohibits the distributing, reselling or otherwise transferring, of any of the Licensed Materials, in part or whole. Notwithstanding this clause, the trainer may charge a fee to recover the cost of printing in addition to his or her training services.
7. TERM: The term of the license granted under this Agreement shall commence upon use by you of the Licensed Materials and shall continue indefinitely unless terminated by Supplier should you fail to comply with any terms and conditions of this Agreement. You shall instruct those using the Licensed Materials that the making of unauthorized copies of any component of the Licensed Materials is a violation of intellectual property law and this Agreement.
8. LIABILITY: Supplier and its directors, employees, successors or other agents shall not be held liable for any direct or indirect loss or damage resulting from your use and/or unauthorized distribution/resale/transfer of the Licensed Materials. You agree to indemnify, defend, and hold harmless Supplier from and against any and all liability of any kind or nature whatsoever to you or any third parties which may arise out of your use or unauthorized distribution/resale/transfer of the Licensed Materials.
9. CONTROVERSY: This Agreement shall be governed by and interpreted in accordance with the laws of the United States. If any conditions or terms conflict with those in this Agreement, then the terms in this Agreement shall prevail.
10. ELEARNING/VIDEO CONTENT: “ELEARNING / VIDEO CONTENT” means any image, video, audio, visual representation generated electronically, digitally or by any other means, digital files, or any copies thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by the Supplier under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.
Licensee may not: A) make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorized Users; or B) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file. Licensee may store the Licensed Material in a digital library, network configuration or similar arrangement to allow the Licensed Material to be viewed by employees, partners and clients of Licensee.
11. SOCIAL FORUMS, THIRD PARTY WEBSITES: If the Licensed Material is Reproduced or Accessible on a social media platform or other third party website. A) The rights granted herein shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement B) In such event, upon the Suppliers’ request, Licensee shall remove any Licensed Material from such platform or website.
Since our products are digital, and consumable upon purchase, we are not in a position to offer refunds. This is to prevent some people from taking advantage of the policy after they have access to the digital products.
Having said that, we always go the extra mile to help our customers. We offer the possibility of choosing an alternative product with at least the same value (in many cases, it’s much more) compared to the first product.
N.B. To avail of an alternative product (if you are not happy with the original one) please let us know within 30 days of the date of purchase.
In General. The Web Site from time to time may contain blogs, discussion groups, chat rooms and other online forums (“Internet Forums”). These are intended to provide users with a valuable resource on selected topics. Some, if not most, of the content found on such Internet Forums is provided by third party users, and not the Company. The third party user who is posting to an Internet Forum, and not the Company, is responsible for the content of such posting and for complying with this Agreement.
Standard of Conduct. You agree that you are responsible for your own communications with respect to the Web Site and for any consequences thereof, and you agree to use the Web Site and any Internet Forums only to post, send and receive messages and material that are proper and related to the Web Site or the particular Internet Forum. By way of example, and not as a limitation, you agree that when using the Website you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute, disseminate or offer to do the same (“Post”) any topic, name, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, libelous, fraudulent, deceptive, disparaging inappropriate, profane, vulgar, obscene, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- Post files that contain viruses, malicious code, corrupted files or any other similar software or programs that may damage the operation of another’s computer, software or content or engage in any activity that interferes with or disrupts any features of the Web Site;
- Advertise, solicit or offer to sell or buy any goods or services for any business or commercial purpose;
- Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, phishing or unsolicited mass distribution of email;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;
- Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;
- Restrict or inhibit any other user from using and enjoying the Web Site;
- Post, list or collect information about other individuals, including e-mail addresses or images, without their consent;
- Violate any applicable laws or regulations or promote or encourage illegal activity; or
- Copy, modify, create a derivative work of, or reverse engineer any portion of the Web Site or its contents.
Blog Policy. The content of ESoftSkills’s blog or any other Internet Forum reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of ESoftSkills. ESoftSkills undertakes no obligation to update, correct or modify any statements made by the author(s) of the post. Any and all third party links or Linked Sites provided by the blog or Internet Forum are not affiliated with, nor endorsed by, ESoftSkills.
No Endorsement. The Company does not pre-screen or control the content of any posting to an Internet Forum and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. You acknowledge that any reliance on material from the Web Site will be at your own risk. Moreover, you understand that by using the Web Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for the content of any posting, including but not limited to, any errors or omissions in its content, or any loss or damage of any kind incurred as a result of the use of any content posted.
No Obligation to Monitor. The Company does not control information delivered to the Internet Forums by third parties. Except to the extent specifically set forth in this Agreement, the Company has no obligation to monitor any Internet Forum, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this Agreement. Notwithstanding the foregoing, the Company reserves the right to monitor, for any purpose, any use of the Web Site at any time.
Certain Company Rights. In addition to reserving the right to monitor, for any purpose, any Internet Forum at any time, the Company also reserves the right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in the Company’s sole discretion.
You may report any communication that you believe to be contrary to any provision of this Agreement by sending e-mail to info@eSoftSkills.com. If the Company discovers any communication that is alleged not to conform to any term hereof, then the Company may, but need not, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities.
Intellectual Property. The Web Site is expressly owned and operated by the Company. Unless otherwise noted, the design features and content of the Web Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, images, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof, are owned by the Company or its affiliates or are licensed from third parties by the Company. The Web Site, in whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all such rights are reserved.
License. The Company does not claim ownership of the content you or other users provide, post, upload, input or submit to the Web Site. However, by posting or submitting content to the Web Site you are granting the Company a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the Web Site and use by the Company in advertising, marketing and promotional activities and materials without compensation to you, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Web Site.
Certain Copyright Issues
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes or is notified may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by sending e-mail to: info@eSoftSkills.com
No Warranties; Limitation of Liability; Disclaimer of Damages
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any third party claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
This Agreement is governed by the laws of the United States. You hereby consent to the exclusive jurisdiction and venue of courts in the US in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and the Company with respect to the Web Site and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and the Company with respect to the Web Site.