|
This terms and conditions apply to the use by you of the Our
Learning Space Site (as defined below) and any other subscription product or
service offered for sale by Our Learning Space.
1. Definitions.
The "Our
Learning Space Site", herein called the Site, shall mean all areas and any
subscription or other paid products and services offered or available on the
interactive online service operated by Our Learning Space. The Site consists of
information services and content provided by Our Learning Space and third
parties. The term "Community Areas" means the bulletin boards,
classified ads, chat rooms and other user participatory areas on the Site.
2. General.
We shall have
the right at any time to change or discontinue any aspect or feature of the
Site including, but not limited to, the Community Areas, content, hours of
availability, and equipment needed for access or use. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including but not limited to,
posting on the Community Areas a revised version of this Agreement or
notification by electronic mail. Any use by you of the Community Areas after
such notice shall conclusively be deemed to be acceptance by you of such
changes, modifications, additions or deletions. You agree to review the terms
and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the Site
and the Community Areas.
A. The Community
Areas shall be used for lawful purposes only. No material shall be posted on or
transmitted through the Community Areas which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or
otherwise objectionable, which encourages conduct that would constitute a
criminal offense, gives rise to civil liability or otherwise violates any law.
No conduct shall be undertaken that, in our judgment, restricts or inhibits any
other user from using or enjoying the Community Areas. Advertising or
commercial solicitation may be posted on or transmitted through the Community
Areas but only with our express prior approval and only if the advertising or
commercial solicitation complies with all conditions imposed by us.
B. The Site
and the Community Areas contain copyrighted material, trademarks and other
proprietary information including text, software, photos, video, graphics, music
and sound, and the entire contents of the Site are copyrighted as a collective
work under the Republic
of Singapore copyright
laws. We are the owner of the copyright in the entire Site. We own a copyright
in the selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. Each third party content provider owns
the copyright in content original to it. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works, or in
any way exploit the content of the Site or any portion of it. Except as
otherwise expressly permitted under copyright law, you may not copy,
redistribute, publish, display or commercially exploit any material from the
Site without the express permission of Our Learning Space and the copyright
owner. In the event of any permitted copying, redistribution or publication of
material from the Site, no changes in or deletion of author attribution,
trademark, and legend or copyright notice shall be made. You acknowledge that
you do not acquire any ownership rights by downloading copyrighted material.
C. You shall
not upload, post or otherwise make available on the Community Areas any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right. You are responsible for determining that such material is
not protected by copyright, trademark or other proprietary right. You shall be
solely liable for any damages resulting from any infringement of copyright,
trademark or other proprietary right, or any other harm resulting from any
uploading, posting or submission.
D. You hereby
grant to Our Learning Space worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display any
message posted in the Community Areas and/or any e-mail sent by you to us (in
whole or in part) and/or to incorporate it in other works in any form, media or
technology now known or later developed.
E. You may
not (i) select or use a member name or e-mail address of another person with
the intention of impersonating that person; (ii) use a member name or e-mail
address of anyone else without authorization; (iii) use a member name in
violation of the intellectual property rights of any person; or (iv) use a
member name that we consider to be offensive.
F. You shall
provide Our Learning Space with accurate, complete and updated information
provided by you at the time of registration.
G. The Site
contains links to other web sites, resources and advertisers. Our Learning
Space is not responsible for the availability of these external sites nor does
it endorse or is it responsible for the contents, advertising, products or
other materials made available on or through such external sites. Under no
circumstances shall Our Learning Space be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been caused to
a user in connection with the use of or reliance on any content, goods or
services available on such external site. You should direct any concerns to
such external site's administrator or webmaster.
H. You shall
be responsible for obtaining and maintaining all telephone, computer hardware
and other equipment needed for access to and use of the Site and Community
Areas and all charges related thereto.
I. The
foregoing provisions of this Section 3 are for the benefit of Our Learning
Space, its affiliates, third party content providers and licensors, and each
shall have the right to assert and enforce such provisions directly on its own
behalf.
J. Our
Learning Space has carefully designed the Site with the purpose of delivering
certain content to users in a particular format and with a particular
appearance. No third party shall have the right to utilize the content of the
Site in any way that interferes with that purpose. In particular, we prohibit
any party from displaying the content on the Site in any format where third
party advertising or other materials that we did not authorize are viewed or
viewable together with our proprietary content.
4. Monitoring.
Our Learning
Space shall have the right, but not the obligation, to monitor the content of
the Community Areas to determine compliance with this Agreement and any other
operating rules that may be established by us from time to time. We shall have
the right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on the Community Areas. Without limiting the foregoing, we
shall have the right, but not the obligation, to remove any material that Our Learning
Space, in its sole discretion, finds to be in violation of the provisions
hereof, otherwise objectionable or stale. Notwithstanding this right of Our
Learning Space, users shall remain solely responsible for the content of their
messages. You acknowledge and agree that neither Our Learning Space nor any of
its affiliates shall assume or have any liability for any action or inaction by
us with respect to any conduct within the Community Areas or any communication
or posting on the Community Areas.
5. Disclaimer of
Warranty; Limitation of Liability
A. YOU
EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE SITE
IS AT YOUR SOLE RISK. NEITHER OUR LEARNING SPACE, 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 USE OF THE SITE
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR
PRODUCTS PROVIDED THROUGH THE SITE
OR THE COMMUNITY AREAS.
B. THE SITE AND THE COMMUNITY AREAS ARE PROVIDED ON AN
"AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THE DISCLAIMERS
OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OUR LEARNING SPACE
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
D. IN NO
EVENT WILL OUR LEARNING SPACE OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL
CONTENT ON THE SITE AND/OR THE
COMMUNITY AREAS. OUR LEARNING SPACE'S LIABILITY TO USERS, IF ANY, SHALL IN NO
EVENT EXCEED THE TOTAL AMOUNT PAID TO OUR LEARNING SPACE.
E. OUR
LEARNING SPACE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE,
NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY
AREAS BY ANYONE OTHER THAN AUTHORIZED OUR LEARNING SPACE EMPLOYEE SPOKESPERSONS
WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL OUR
LEARNING SPACE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON
INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITE
AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION,
ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE
AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,
ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR
LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. OUR
LEARNING SPACE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES
OFFERED THROUGH THE SITE AND WILL
NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD
PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE. OUR LEARNING SPACE MAKES PRODUCTS OR
SERVICES AVAILABLE ON THE SITE
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
G. PRIOR TO
THE EXECUTION OF A PURCHASE OR SALE
OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER OUR
LEARNING SPACE NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY
FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT
PROVIDED HEREIN. NEITHER OUR LEARNING SPACE NOR ITS THIRD PARTY CONTENT
PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR
COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. OUR
LEARNING SPACE IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES
NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
6. Indemnification.
You agree to
defend, indemnify and hold harmless Our Learning Space, its affiliates and
their respective owners, directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out of the
use by you of the Site and/or the Community Areas.
7. Termination.
Our Learning
Space shall have the right to immediately terminate this Agreement with respect
to any user which Our Learning Space, in its sole discretion, considers to be
unacceptable, or in the event of any breach by you of this Agreement. The
provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this
Agreement.
8. Trademarks.
All trademarks
appearing on the Site are the property of their respective owners, including,
in some instances, Our Learning Space.
9. Subscription
Services; Products.
(a) Subscription
Services. Our Learning Space makes available to users certain online
subscription services and other paid services and products. The following terms
and conditions shall apply in the event that you subscribe to any subscription
service or services offered by Our Learning Space on the Site (the
"Subscription"):
A.
Subscription Terms. The Subscription will continue until Our Learning Space
receives notification of termination from you as described in subsection C
below. You authorize Our Learning Space to charge to the credit card account
designated during the registration process the current fees and charges for
each term according to the subscription plan chosen by you. If you subscribed
for a term of one (1) year or more, you will be notified by Our Learning Space
before the account designated by you is charged after the first term. You are
responsible for any charges associated to connecting to the Site, including but
not limited to, any telephone line charges or any Internet access provider
charges. You shall provide Our Learning Space with accurate, complete and
updated information as to your name and e-mail address and credit card account
information provided by you at registration. Failure to do so shall constitute
a breach of this Agreement.
B. Changed
Terms. Our Learning Space shall have the right at any time to impose, change or
modify its fees and billing methods, or other terms and conditions applicable to
your use of the Subscription or to impose new terms and conditions. Such
changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited to,
posting on the Site a revised version of this Agreement or notification by
electronic mail. If any such change is unacceptable to you, you may terminate
your Subscription as provided in subsection C below. Any use of the
Subscription by you after such notice shall conclusively be deemed to
constitute acceptance by you of such changes, modifications, additions or
deletions. You agree to review the terms and conditions periodically to be
aware of such revisions. You may also be subject to additional terms and
conditions imposed by third party content providers in connection with third
party content, software or services.
C.
Termination. Either you or Our Learning Space may terminate this Agreement at
any time. Your only right with respect to any dissatisfaction with (i) any
terms and conditions of this Agreement, or policy or practice of Our Learning
Space in operating the Site and/or the Community Areas, (ii) content available
through the Subscription or change therein, or (iii) amount or type of fees or
billing methods, or change therein, is to terminate this Agreement by sending
notice by e-mail sent to our Help Form. Notice of termination will be effective
upon receipt by Our Learning Space. Without limiting the foregoing, Our
Learning Space shall have the right to immediately terminate this Agreement
with respect to any user which Our Learning Space, in its sole discretion,
considers to be unacceptable, or in the event of any breach by you of this
Agreement. In the event that your account is terminated or canceled, no refund
of any fees, including monthly membership fee, will be granted. The provisions
of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this
Agreement. Fees paid for any Subscription are paid in advance and are not
refundable in whole or in part, provided, however, that in the event of
termination by Our Learning Space for any reason other than breach of this
Agreement by you or termination by you in accordance with this subsection C of
this Agreement in which you identify the termination as resulting from changed
terms, we shall make a pro rata refund to you.
(b) Products and
Other Services. With respect to products and services offered for sale by Our
Learning Space and third parties or through the Site: you shall be informed of all
terms of the offer, including but not limited to pricing, methods of payment,
shipping and handling, credit card information, sales tax, return and refund
policies and applicable privacy policies on the screen where you make the
purchase.
10. Miscellaneous.
This Agreement and any
operating rules for the Site and the Community Areas established by Our
Learning Space constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the Republic of Singapore , without regard to its
conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only and shall
not be given any legal impo
|