The following is an agreement between Savvica Inc., whose head office address is
99 Atlantic Ave. Suite 315, Toronto, Ontario, Canada, M6K 3J8 416-363-9510
By correctly completing and indicating your agreement in the registration process, you enter into the Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
If you are an individual entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Agreement, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.
Welcome to the LearnHub Educational Community Site. Everyone who uses the Service - even on a trial basis - is subject to this Agreement. This Agreement is between you and LearnHub. You may not change, supplement or amend this Agreement in any manner. You must be at least 18 years old to use the Service. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service.
LearnHub may unilaterally amend or supplement this Agreement from time to time on notice as permitted in the manner described in this Agreement, and your continued use of the Service shall constitute your acceptance of such amendments. If required by law, LearnHub will notify you at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments.
The Service consists of the provision by LearnHub to you of access to the LearnHub Educational Community Site, which provides tools to you that will enable you to view online content (in the form of text, images, video, flash), take online tests, play online games, connect with other members, participate in online discussions, create online communities pertaining to specific topics, create lessons (comprised of text, images, video, flash), create tests, create and administer online educational course(s), create and administer synchronous online tutoring, offer courses and online tutoring services for sale via, and purchase goods and services offered by parties other than LearnHub ("Third Parties") in, an online marketplace. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to LearnHub, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or LearnHub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LearnHub has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify LearnHub of any unauthorized uses of the account or any other breaches of security. LearnHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All user names and passwords remain the property of LearnHub and may be cancelled, changed or suspended at any time by LearnHub without notice. LearnHub is not under any obligation to verify the actual identity or authority of the user of any user name or password.
LearnHub, Savvica and other LearnHub graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of LearnHub. Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.
Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users of the Service or the Site, including Third Party Content (collectively the "User Content"). You may not post, transmit, or share on the Site or Service User Content that you did not create or that you do not have permission to post. You understand and agree that LearnHub may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of LearnHub, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will LearnHub be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
You agree that you will not:
You understand that by using the Service, you may be exposed to Site Content that you consider to be offensive, indecent or objectionable. You acknowledge that LearnHub does not pre-screen User Content. You agree that you must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the accuracy, completeness, or usefulness of Site Content.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to LearnHub. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
By posting Third Party Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LearnHub a perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display and distribute such Third Party Content on the Site to the extent necessary to promote such Third Party Content and support your licensing and distribution of it through the Site.
By posting User Content other than Third Party Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LearnHub an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You may remove your User Content from the Site at any time, except for comments you post on the Site and reviews you post on the Site of Site Content. If you need assistance, please contact us at the technical support contact information available on the Site. If you choose to remove User Content, the license granted by you to LearnHub in this Section will automatically expire with respect to the removed User Content, provided that LearnHub may retain a copy of your removed User Content for archival purposes only, and the license granted by you to LearnHub with respect to any User Content that remains on the Site will continue in perpetuity.
LearnHub may from time to time offer goods and services through the Site, and may offer you or other Third Parties the ability to offer goods and services for sale to Third Parties through the Site. All transactions conducted in connection with this aspect of the Service are subject to and governed by such guidelines as LearnHub posts from time to time (the "Guidelines") as well as this Agreement. The Guidelines are subject to change without prior notice at any time, in LearnHub's sole discretion, so you should review the Guidelines each time you use this aspect of the Service.
You are solely responsible for your interactions with other users of the Service. Parties to transactions with Third Parties (a "Third Party Transaction") are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through the Service. You acknowledge that LearnHub, and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns (the "LearnHub Parties") are not responsible or liable for any action or inaction of any Third Party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third Party Transaction. The capability to conduct Third Party Transactions or otherwise deal with Third Parties through the Service is provided by LearnHub "as is" and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any Third Party Content provided by you to the Site, and that LearnHub has no responsibility or liability for any breach by Third Parties of such Third Party License Terms, and that you are solely responsible therefor.
Any fees or payments collected by LearnHub applicable to any such transactions are set forth on the Site, and all terms and conditions applicable to such fees are set forth in this Agreement. However, please note that your purchases of products or services from Third Parties through the Service are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction.
LearnHub may from time to time charge fees for the use of the Service. Our fees, if any, are available on the Site. Unless otherwise stated, all of our fees are quoted in Canadian dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
In addition, Third Parties including users may also charge fees for courses and tutor offerings, including Third Party Content, that they provide through the Service. The fees and prices charged by Third Parties are available in their listing in our marketplace. Certain taxes and government charges may be payable in relation to purchases you make from Third Parties through the Service. We accept no responsibility for such taxes and government charges. LearnHub is not involved in any transaction between you and such Third Parties, and as a result we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay. All payments for fees and prices charged by Third Parties are collected using Paypal, or credit card if authorized by the seller. LearnHub has no liability to you for any such payments.
Technical, customer, and sales support for LearnHub is only provided via email or other online means and is not provided in person or via phone.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in which you reside.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LearnHub has no control over such sites and resources, you acknowledge and agree that LearnHub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LearnHub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold harmless the LearnHub Parties from any liability, cost, expense, loss, claim or demand, (collectively, "Losses") including reasonable lawyers' fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the Site or the Service.
You agree to release the LearnHub Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.
LearnHub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that LearnHub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In no event will the LearnHub Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the LearnHub Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the LearnHub Parties' maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to LearnHub for the Service during the term of your membership, but in no case will such liability to you exceed $1000. You acknowledge that if no fees are paid to LearnHub for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the LearnHub Parties, regardless of the cause of action.
The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Les parties reconnaissent avoir convenue que la prÃÂÃÂ©sente convention ainsi que tous documents, avis et procÃÂÃÂ©dures judiciaires qui pourront ÃÂÃÂªtre exÃÂÃÂ©cutÃÂÃÂ©s, donnÃÂÃÂ©s ou intentÃÂÃÂ©es ÃÂÃÂ la suite des prÃÂÃÂ©sentes ou ayant un rapport, direct ou indirect, avec la prÃÂÃÂ©sente convention soient rÃÂÃÂ©digÃÂÃÂ©e en anglais.
Please report any violations of the Agreement to firstname.lastname@example.org.
Copyright 2008 Savvica Inc. All rights reserved.
Savvica Inc. 99 Atlantic Ave. Suite 315, Toronto, ON, M6K 3J8 416-363-9510 All correspondence should be sent to: email@example.com