Welcome to the eDUCATOR (owned and operated by DigiLearn Pvt Ltd (hereinafter “eDUCATOR”)) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, sharing and distribution of written digital content over the Internet (the “eDUCATOR Platform”). Terms for “eDUCATOR” and the “eDUCATOR Platform” apply to any site or mobile application owned and operated by eDUCATOR. The following Terms of Use for the eDUCATOR Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and eDUCATOR regarding Your use of the eDUCATOR Platform. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE eDUCATOR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
2. Eligibility. Use of and Membership in the eDUCATOR Services is void where prohibited. By using the eDUCATOR Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the eDUCATOR Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you violating any of these.
3. Term. This Agreement shall remain in full force and effect while you use the eDUCATOR Services or are a Member. eDUCATOR may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify eDUCATOR immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Users. The eDUCATOR Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by eDUCATOR. Illegal and/or unauthorized use of the eDUCATOR Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the eDUCATOR Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the eDUCATOR Services.
1. eDUCATOR does not claim any ownership rights in the text, files, images, photos, papers, books, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the eDUCATOR Services. After posting your Content to the eDUCATOR Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the eDUCATOR Services, you hereby grant to eDUCATOR a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the eDUCATOR Services. The license you grant to eDUCATOR is non-exclusive (meaning you are free to license your Content to anyone else in addition to eDUCATOR), fully-paid and royalty-free (meaning that eDUCATOR is not required to pay you for the use on the eDUCATOR Services of the Content that you post), sublicensable (so that eDUCATOR is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the eDUCATOR Services), and worldwide (because the Internet and the eDUCATOR Services are global in reach). This license will terminate at the time you remove your Content from the eDUCATOR Services. The license does not grant eDUCATOR the right to sell your Content, nor does the license grant eDUCATOR the right to distribute your Content outside of the eDUCATOR Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the eDUCATOR Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the eDUCATOR Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the eDUCATOR Services.
3. The eDUCATOR Services contain Content of eDUCATOR ("eDUCATOR Content"). eDUCATOR Content is protected by copyright, trademark, patent, trade secret and other laws, and eDUCATOR owns and retains all rights in the eDUCATOR Content and the eDUCATOR Services. eDUCATOR hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the eDUCATOR Content (excluding any software code) solely for your personal use in connection with viewing the eDUCATOR Website and using the eDUCATOR Services.
4. The eDUCATOR Services contain Content of Users and other eDUCATOR licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the eDUCATOR Services.
a. eDUCATOR may delete any Content that in the sole judgment of eDUCATOR violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. eDUCATOR assumes no responsibility for monitoring the eDUCATOR Services for inappropriate Content or conduct. If at any time eDUCATOR chooses, in its sole discretion, to monitor the eDUCATOR Services, eDUCATOR nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. b. You are solely responsible for the Content that you post on or through any of the eDUCATOR Services, and any material or information that you transmit to other Members and for your interactions with other Users. eDUCATOR does not endorse and has no control over the Content. Content is not necessarily reviewed by eDUCATOR prior to posting and does not necessarily reflect the opinions or policies of eDUCATOR. eDUCATOR makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the eDUCATOR Services. eDUCATOR reserves the right to investigate and take appropriate legal action against anyone who, in eDUCATOR's sole discretion, violates this provision, including without limitation, removing the offending communication from the eDUCATOR Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of eDUCATOR:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the eDUCATOR Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the eDUCATOR Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, eDUCATOR reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which eDUCATOR deems appropriate in its sole discretion.
3. any automated use of the system, such as using scripts to add friends or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the eDUCATOR Services or the networks or services connected to the eDUCATOR Services;
5. attempting to impersonate another Member or person;
6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. selling or otherwise transferring your profile;
8. using any information obtained from the eDUCATOR Services in order to harass, abuse, or harm another person;
9. using the eDUCATOR Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of eDUCATOR to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to eDUCATOR by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the eDUCATOR Services in a way that constitutes copyright infringement, please contact us at contact@eDUCATOR.com, providing the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the eDUCATOR Services; (iii) your address, telephone number, and email address; (iv) a written 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; (v) 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.
1. Member Disputes. You are solely responsible for your interactions with other eDUCATOR Members. eDUCATOR reserves the right, but has no obligation, to monitor disputes between you and other Members.
2. Privacy. Use of the eDUCATOR Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
3. Disclaimers. eDUCATOR is not responsible for any incorrect or inaccurate Content posted on the eDUCATOR Website or in connection with the eDUCATOR Services, whether caused by Users of the eDUCATOR Services or by any of the equipment or programming associated with or utilized in the eDUCATOR Services. Profiles created and posted by Members on the eDUCATOR Website may contain links to other websites. eDUCATOR is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by eDUCATOR. Inclusion of any linked website on the eDUCATOR Services does not imply approval or endorsement of the linked website by eDUCATOR. When you access these third-party sites, you do so at your own risk. eDUCATOR takes no responsibility for third party advertisements which are posted on this eDUCATOR Website or through the eDUCATOR Services, nor does it take any responsibility for the goods or services provided by its advertisers. eDUCATOR is not responsible for the conduct, whether online or offline, of any User of the eDUCATOR Services. eDUCATOR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. eDUCATOR is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the eDUCATOR Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the eDUCATOR Services. Under no circumstances shall eDUCATOR be responsible for any loss or damage, including personal injury or death, resulting from use of the eDUCATOR Services, attendance at a eDUCATOR event, from any Content posted on or through the eDUCATOR Services, or from the conduct of any Users of the eDUCATOR Services, whether online or offline. The eDUCATOR Services are provided "AS-IS" and as available and eDUCATOR expressly disclaims any warranty of fitness for a particular purpose or non-infringement. eDUCATOR cannot guarantee and does not promise any specific results from use of the eDUCATOR Services.
4. Limitation on Liability. IN NO EVENT SHALL eDUCATOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF eDUCATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, eDUCATOR'S 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 eDUCATOR FOR THE eDUCATOR SERVICES DURING THE TERM OF MEMBERSHIP.
5. Disputes. If there is any dispute about or involving the eDUCATOR Services, you agree that the dispute shall be governed by the laws of Indian Courts without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the jurisdiction of India. Either eDUCATOR or you may demand that any dispute between eDUCATOR and you about or involving the eDUCATOR Services must be settled by arbitration utilizing the dispute resolution procedures provided that the foregoing shall not prevent eDUCATOR from seeking injunctive relief in a court of competent jurisdiction.
6. Indemnity. You agree to indemnify and hold eDUCATOR, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the eDUCATOR Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the eDUCATOR Website or through the eDUCATOR Services causes eDUCATOR to be liable to another.
7. Other. This Agreement is accepted upon your use of the eDUCATOR Website or any of the eDUCATOR Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and eDUCATOR regarding the use of the eDUCATOR Services. The failure of eDUCATOR to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Links from this site can take you to the sites of several divisions of eDUCATOR as well as to third party websites or resources. The information practices of third party websites are not covered by this Privacy Statement or any other policies or terms of this Site. The sites of each of our divisions may also have a different privacy policy and terms of use. Be sure that you know the terms of use and privacy policy of any linked website before using it.
We consider the following to be examples of Personally Identifiable Information but there may be others: your first and last name, email address, home address, phone number, date of birth, credit card information, and certain other information, such as a Social Security Number, if it is linked with your Personally Identifiable Information. eDUCATOR does not collect Personally Identifiable Information about a user, unless it is voluntarily provided to our Company and so that we can serve the user’s needs and our legitimate business purposes as stated here. For example, when the user sends us a message or makes an online purchase, we need to retain certain Personally Identifiable Information on this Site in order to respond. A user’s Personally Identifiable Information may also be used by our company to help us improve this Site, and for our company’s marketing and promotional purposes. The information will be treated confidentially within our company, as we protect other confidential information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
Users should be reminded that any Personally Identifiable Information that is voluntarily posted by a user to a public area(for example, a posting to a bulletin board or chat room) might be collected and used by others. We cannot prevent such uses.
Except as specifically stated in this statement, our policy is not to share the Personally Identifiable Information collected through this Site with third parties. We may disclose Personally Identifiable Information (a) in response to a subpoena, court order or legal process, to the extent permitted and required by law; (b) to protect user security or the security of other persons, consistent with applicable laws; (c) in order to enforce the Site’s Terms of Use. We exercise commercially reasonable care otherwise not to share, disclose or sell the Personally Identifiable Information of users to third-parties, except with the prior approval of the user.
eDUCATOR may use a third party service to collect anonymous visitor information like IP addresses, browser types (such as Internet Explorer or Netscape), referring pages, pages visited and time spent on a particular site. eDUCATOR collects this information (1) for statistical analysis of web page traffic patterns; (2) to administer our Site and servers; (3) to allow for auditing of our services by some third parties who have that right; and (4) for internal purposes to make marketing decisions. For “course management sites” that provide materials and services to instructors and students for purposes of specific courses or testing, the site may display the names, email addresses, grades and login names in instructor grade books and make them available to school administrators. Instructors can use student email addresses for communication with students regarding the course and administrators may store personal data generated by the course site tools for the purpose of maintaining educational records or other legitimate educational purposes.
PARENTS AND TEACHERS: We encourage parents, guardians and teachers to spend time with their Children (Children 12 and under) when their Children engage in the on-line activities on this Site. We will never request Personally Identifiable Information from a Child in any of our public postings areas. We do not require a Child to disclose more Personally Identifiable Information, than is reasonably necessary to participate in the on-line activity. No Personally Identifiable Information of children should be submitted to or posted on this Site by Children without the consent of their parent or guardian. We encourage parents to help us protect their Children’s privacy by instructing them never to provide Personally Identifiable Information on this Site or any other website without parental permission.
We do not knowingly collect Personally Identifiable Information from Children on this Site either directly or passively except when a Child may voluntarily submit such information through a “Contact Us” link on the Site or a public posting area on the Site, if such feature is available. If a Child e-mails us via a “Contact Us” link on any child-directed area of this Site and we can identify the sender as a Child, any Personally Identifiable Information submitted will only be used to respond on a one-time basis to such Child. In addition, if we have actual knowledge that a Child is sending or posting Personally Identifiable Information on any area of this Site, we will use commercially reasonable efforts to delete such Personally Identifiable Information before it is made public. Please note that any online store that may be accessed from the Site is intended for parents, teachers and other adult purchasers over the age of 18 and requires the submission of Personally Identifiable Information to fulfill and service any transactions.
We may disclose a Child’s Personally Identifiable Information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We may also disclose a Child’s Personally Identifiable Information when we believe in good faith that the law requires it.
Our Site uses “cookies” to obtain certain types of information when your Web browser accesses the Site, Cookies are textual identifiers that our systems transfer to your computer’s hard drive through your Web browser to enable our Site to recognize your browser, and to optimize and sometimes customize your use of our Site. If you want to disable cookies, you can. The Help portion of the toolbar on most browsers and “add-on” programs will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. It is your choice, but cookies allow you to take full advantage of this Site’s features, and we recommend that you leave them turned on.
We do not use cookies to get users’ Personally Identifiable Information before a user registers with our Site and affirmatively opts-in. Once a user opts-in and and provides personal information for purposes of receiving more information from us, we do collect and use that information obtained through the cookie technology which may be used for purposes of marketing to you, in accordance with this policy. If you do not want to receive e-mail or other marketing communications from us, you can opt out of further marketing to the addresses you have provided.
In connection with cookies we may use web beacons to track response rates to certain email communications that a user has opted to receive from us. If a user has registered with our Site, we may collect certain personal information in connection with the web beacon including the referring email address. This information is not shared with third parties. eDUCATOR reserves the right to monitor your use of the site to determine if you are complying with our terms and the right, in its sole discretion, to terminate your access to the Site.
If you have any concerns or questions about privacy on this Site, please Contact Us at support@digilearn.online