When You visit the Site or send emails to Us, You communicate with Us electronically and consent to receive communications from Us electronically. We may communicate with You by: (a) email to Your email address indicated in Your communications with Us, (b) posting general notices on the Site, or (c) posting messages that are displayed to You when You log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
The Site currently includes (or may include in future) content hosting and storage services, discussion forums, user generated content or other interactive areas or services (collectively, “Interactive Areas”), including, but not limited to, galleries, forums, chat rooms, blogs, message boards, online hosting or storage services, or other areas or services in which You or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (collectively, “User Content”). You are solely responsible for Your use of and access to the Interactive Areas and You will use the Interactive Areas at Your own risk.
By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
(i) Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;
(ii) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Us or others (including, but not limited to, Our Affiliates), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
(iii) User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of Us or others (including, but not limited to, Our Affiliates). By posting any User Content, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such User Content;
(iv) User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
(v) Unsolicited promotions, political campaigning, advertising or solicitations;
(vi) Private information of Us or others (including, but not limited to, Our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(vii) Viruses, corrupted data or other harmful, disruptive or destructive files;
(viii) User Content that, in Our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Us or Our users to any harm or liability of any nature or type.
If You post User Content to the Site, unless we indicate otherwise, You grant Us and Our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Us and Our Affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose.
By posting any content on the Site, You grant Us a perpetual, irrevocable, transferrable, worldwide, non-exclusive, royalty-free, fully paid-up right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such content. You further understand and agree that, in order to help ensure smooth operation of the Site, We may keep backup copies of such content indefinitely. Notwithstanding the foregoing, You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by You (“Contributions”) in the form of email or other submissions to Us (including, but not limited to, any status or other updates) or otherwise posted on the Site will become Our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such Contributions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to You. By making such Contributions, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become Our property without Our obligation to You; and (f) We may, but are not obligated to, review or monitor areas on the Site where users may transmit or post Contributions.
YOU ACKNOWLEDGE AND AGREE THAT LEARNUP, INC., THE SITE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS OR USERS (INCLUDING, BUT NOT LIMITED TO, EMPLOYERS REGISTERED ON THE SITE) DO NOT AND CANNOT PROMISE OR GUARANTEE ANY PARTICULAR RESULT, SUCCESS OR REWARD (INCLUDING, BUT NOT LIMITED TO, ANY ACCESS TO OR OFFER OF ANY INTERVIEW OR OTHER SCREENING PROCESS, OFFER OF EMPLOYMENT OR OTHER WORK ARRANGEMENT, OR ACCESS TO OR ACHIEVEMENT OF A PARTICULAR JOB POSITION AVAILABLE WITH US, OUR USERS OR THIRD PARTIES). YOUR USE OF THE SITE IS AT YOUR SOLE RISK AS TO ITS BENEFITS TO YOU OR ANYONE CLAIMING THROUGH YOU. WE DO NOT CLAIM OR SEEK TO RANK ANY OF OUR USERS AND NOTHING CONTAINED IN THIS SITE, ANY MATERIALS, USER CONTENT OR CONTRIBUTIONS IS INTENDED TO OR WILL BE DEEMED TO CREATE ANY ACTUAL OR POTENTIAL EMPLOYMENT OR OTHER RELATIONSHIP BETWEEN US AND/OR ANY OF OUR USERS WHO ARE POTENTIAL EMPLOYERS AND YOU AND/OR ANY OF OUR USERS WHO ARE JOB-SEEKERS. OTHER THAN OUR MARKS (AS DEFINED BELOW), ALL OTHER COMPANY OR PRODUCT NAMES OR OTHER TRADEMARKS OR SERVICE MARKS (INCLUDING, WITHOUT LIMITATION, THOSE OF ANY POTENTIAL EMPLOYERS LISTED IN THESE WEBPAGES) BELONG TO THEIR RESPECTIVE HOLDERS, AND WE HAVE NO AFFILIATION TO, AND ARE NOT ASSOCIATED OR SPONSORED BY ANY OF THESE ENTITIES, EXCEPT AND TO THE EXTENT EXPRESSLY STATED OTHERWISE ON THESE WEBPAGES.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software and the selection and arrangement thereof as well as all Content posted on the Site, whether by US or our users or clients (collectively, the “Materials”) are Our property or that of Our Affiliates, licensors or users and are protected by United States and/or international copyright laws.
In accordance with the United States Digital Millennium Copyright Act and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement.
We respect the intellectual property rights of others. If You believe that any material on the Site infringes upon any copyright that You own or control, or that any link on the Site directs users to another Website that contains material that infringes upon any copyright that You own or control, You may file a notification of such infringement with Our designated agent as set forth below:
C/O Gibson Dunn & Crutcher LLP
|Address of Designated Agent:||
1881 Page Mill Road
Palo Alto, CA 94304-1211
|Email Address of Designated Agent:||email@example.com|
We may give notice of a claim of copyright infringement to Our users by means of a general notice on the Site, electronic mail to a user’s email address in Our records, or by written communication sent by first-class mail to a user’s address in our records.
You are granted a limited, non-sublicensable and non-exclusive right to create a text hyperlink to the Site for non-commercial purposes; provided such link does not portray Us or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner; and provided, further, that the linking site does not contain any pornographic, illegal material or material that is offensive, harassing or otherwise objectionable material. This limited right may be revoked by Us at any time, with or without any reason. You may not use a LearnUp logo or any other of Our proprietary graphics to link to the Site without Our prior written consent. Further, You may not use, frame or utilize framing techniques to enclose any LearnUp trademark, service mark, logo or any other of Our proprietary information, including, but not limited to, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Our prior written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any of Our patent, trademark, copyright or proprietary rights or those of any third party.
We may host or provide links to Web pages, Websites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to Our users, including You, and does not imply affiliation, endorsement, approval, control or adoption by Us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including You, may use these links and the Third Party Sites and Content contained therein at their own risk. When You leave the Site, You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Site.
We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of Our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.
THE SITE, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE, REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO MATERIALS, THE USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The foregoing warranties and remedies are EXCLUSIVE and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Site, the Materials, the User Content and any other information (including Contributions) available on the Site, whether arising from contract, warranty, strict liability or tort or from Our negligence, tort or other fault, including, but not limited to, claims for loss of or damage resulting from the use or access to any Content.
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