TERMS OF SERVICE
These Subscriber TERMS OF SERVICE (“Terms of Service”) constitute a binding contract
between you (“Subscriber” or “Customer” or “you”) and the applicable (“Company”),
regarding the terms under which the Company will provide Subscriber with access to
the Services. SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE
(“Acceptance”). Subscriber agrees that its assent, given electronically, will have
the same legal effect as if it had been personally signed by Subscriber. To the
extent permitted by law, these Terms of Service are intended to supersede any
provisions of applicable law, which might otherwise limit their enforceability or
effect, because they were entered into electronically. Please print a copy of these
Terms of Service for future reference.
1) TERMINOLOGY.
“Effective Date” -
refers to the date that the Company confirms Subscriber’s right to use the app.
“Exercise Files” -
refers to the files (documents, photos, and so on) that an author may use during the
applicable course.
“Public app” -
means that portion of the app that is available for use by any person without the
need to be a Subscriber.
“Services” -
means the app, and their 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, the Standard Content, the
Exercise Files, and any documentation pertaining to the foregoing).
“Subscriber” -
also referred to as “Member”, refers to an
individual/entity/organization/institution that has the right to access the app via
a Subscription Fee (“Paid Subscription”), Gift Subscription, No Fee Trial, or other
basis. A Subscriber must be at least 18 years of age or, as applicable, the age of
majority in the country, state or other jurisdiction in which the Subscriber resides
(and if a minor, have the permission of a parent or legal guardian to access the
app), and possess the legal right and ability to enter into binding contracts.
“Subscription” -
refers to a right to use the applicable portion of the app as a Subscriber under a
Paid Subscription, Gift Subscription, No Fee Trial, or other form of right and/or
fee to access the app.
“Subscription Term” -
means the period of time that a Subscriber may utilize the applicable portion of the
app.
“Device” -
means the mobile device where the app is installed to use.
2) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
3) a) Subject to these Terms of Service, Subscriber will be granted a limited,
non-exclusive, revocable, non-transferable, and non-sublicenseable right to access
that portion of the app applicable to the Subscription type. By agreeing to grant
such access, the Company does not obligate itself to maintain the app, or to
maintain it in its present form. The Company may upgrade, modify, change or enhance
the Services and convert a Subscriber to a new version thereof at any time in its
sole discretion, to the extent that this is not detrimental to Subscriber’s use of
the Services and on reasonable prior notice to Subscriber (unless the change is of
critical business importance or outside the Company’s control, in which case the
Company will explain the reason for the changes as soon as is reasonably
practicable).
b) Subscriber agrees to abide by any rules or regulations that the Company publishes
with respect to conduct of Subscribers and other users of the app, which rules and
regulations are hereby incorporated into these Terms of Service by this reference.
The Company reserves the right to deny a Subscriber and/or an Authorized End User
access to the app if, in the Company’s sole discretion, Subscriber and/or Authorized
End User has failed to abide by these Terms of Service or appear likely to do so.
c) Subscriber accepts that the Company in its sole discretion may, but has no
obligation to, monitor the Services or any portion thereof, and/or to oversee
compliance with these Terms of Service.
d) Subscriber promises, acknowledges, and agrees on behalf of itself and its
Authorized End Users (in the case of Multi-User Subscriptions) that:
i. Access privileges may not be transferred to any third-parties;
ii. It will not access, store, distribute or transmit any Viruses;
iii. It will comply with all applicable laws and regulations with respect to use of
the Services;
iv. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or
modify the Services or any component thereof;
v. It will not translate, decompile, or create or attempt to create, by reverse
engineering or otherwise, the source code from the object code made available
hereunder;
vi. It will not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit the Services or
any portion thereof;
vii. It will not delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from the app or contained in the Services;
3) AVAILABILITY OF MOBILE APP.
Subscriber recognizes that the traffic of data through the Internet may cause delays
during the download of information from the app and accordingly, it shall not hold
the Company liable for delays that are ordinary in the course of Internet use.
Subscriber further acknowledges and accepts that the app will not be available on a
continual twenty-four hour basis due to such delays, or delays caused by the
Company's upgrading, modification, or standard maintenance of the Website.
4) INTELLECTUAL PROPERTY RIGHTS.
The Services are owned by the Company, its licensors or other providers of such
material, and are protected by international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is
transferred to any Subscriber or Authorized End User, and all rights not expressly
granted herein, are reserved by the Company.
The Company name, 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. Subscriber may not use such marks without the prior written permission
of the Company. All other names, logos, product and service names, designs and
slogans on this app are the trademarks of their respective owners.
5) TERM AND TERMINATION.
General Subscription. Subscriber may subscribe to the Services for the applicable
term of the specific Subscription commencing on the Effective Date (“Initial Term”).
Thereafter, the Subscription will renew automatically on the corresponding
anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and
collectively with the Initial Term, the “Subscription Term”), until Subscriber
notifies Company of its intention not to renew prior to the end of the then-current
term.
Termination. The Company reserves the right to terminate or suspend access to all or
any portion of the Services for violation or suspected violation of these Terms of
Service.
Effect of Termination. Subscriber will have no further rights to access the app.
Termination will not affect the rights or liabilities of either party that accrued
prior to termination.
6) CONFIDENTIALITY.
Subscriber agrees to maintain the confidentiality of the Company’s Confidential
Information. For the purposes of these Terms of Service, the term “Confidential
Information” means all portions of the Services, including but not limited to, the
app.
7) THIRD PARTY LINKS OR INFORMATION.
This app may contain links to other websites that are not operated by or related to
Company. Company is not responsible for the content, accuracy or opinions expressed
in such third party websites, and does not investigate, monitor, or check these
websites for accuracy or completeness. The inclusion of any linked website on this
app does not imply approval or endorsement of the linked website by Company. A
Subscriber that leaves this app to access these third-party sites does so at its own
risk.
8) ONE MOBILE DEVICE PER SUBSCRIPTION ACCOUNT.
User or subscriber can use his/her current account only in one device until unless
there are reasons to change the device. You can contact admin for device change with
a valid reason. Multiple change request in short duration of time will not be
entertain. This functionality is to prevent video infringement and for fair usage
policy.
9) THIRD PARTY DEVICES.
This app is strictly use in valid mobile devices. Any account used in third-party
devices or softwares will be banned from usage without any warning or notification.