1. Your Acceptance.
By using and/or visiting this website (including all content available through the Learning.instancy.com), you signify your assent to both these terms and conditions (the "Terms of Service") and Instancy Learning's privacy policy. If you do not agree to any of these terms, then please do not use Instancy Learning Website and Instancy Learning On-Demand Platform. | | | 2. Instancy Learning Website.
These Terms of Service apply to all users of the Instancy Learning Website, including users who are also contributors of content, information, and other materials or services on the Website. The Instancy Learning Website may contain links to third party websites that are not owned or controlled by Instancy Learning. Instancy Learning has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Instancy Learning will not and cannot censor or edit the content of any third-party site. By using the Instancy Learning Website, you expressly relieve Instancy Learning from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Instancy Learning Website and to read the terms and conditions and privacy policy of each other website that you visit. | | | 3. Service.
Instancy Learning hereby grants you permission to access the service consisting of access to certain application software, content and/or other information, and other content owned or licensed by Instancy Learning and/or its suppliers, licensors or other third parties. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Instancy Learning immediately of any breach of security or unauthorized use of your account. Although Instancy Learning will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Instancy Learning or others due to such unauthorized use. | | | 4. Payment Terms.
In order to buy content on site, you must possess a valid credit card. Once the payment is processed, you will have access to the purchased content.
For users contributing content, your content will be offered to end-users and corporations through the Instancy Learning Web site. For every content sale through Instancy Learning Web site via e-commerce transaction, Instancy Learning will collect the revenue and manage the transactions through its Web site/portal. Your PayPal account will be credited with your portion of the revenue. The revenue distribution will be as per the following table: | | Type of content merchandized | Revenue Share | | YOU | INSTANCY LEARNING | | Content created using Instancy Learning Multimedia Authoring Tools | 80% | 20% | | Existing Digital Content/eLearning courses (SCORM or AICC compliant) | 80% | 20% | | Webinars and Virtual Classrooms (does not include cost of web conferencing tool) registration using Instancy Learning Event Management System (LMS) | 90% | 10% | | Instructor Led Training/Offline Conference | 90% | 10% | | Downloadable articles/documents, audio and video files | 93% | 7% | | Hard Goods such as Books, CDs, etc. (shipping and handling fees and processing will be done by Learning provider and not Instancy Learning, Inc.) | 95% | 5% | | FREE Content |
Instancy Learning reserves the right to insert
Advertisements into the content that you offer FREE of cost to users | Content listing you may list your educational and training courses and learning resources within your Learning Portal. You have an option to sponsor the links to
your content items. Please refer to Instancy Learning Advertisement and Sponsorship document. | FREE | | | |
| Instancy Learning will deduct credit card transaction fees (for example, 3%) and applicable sales taxes (6% max), if any and you will receive the remaining revenue; your portion of the revenue will be paid to you on at the end of each month during which it was collected. | | | | Example of fee structure: | | Retail price: | $100 | | Sales Tax (if any): | + 6 | | Credit Card Fees: | - 3 |
| Instancy Learning Fees: | - 20 | Tax remitted to State (if applicable) | - 6 | Amount to Content Owner: | $ 77 | | | | Where applicable, you will be responsible for payments to any third parties supplying any revenue generating content to be distributed and sold through the Community Website under the terms of agreement between you and those third parties.
Instancy Learning may require you to provide additional taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purpose of issuing a 1099 form for your earnings.
Instancy Learning reserves the right to amend the Payment Terms at any time and without notice, and it is your responsibility to review these Payment Terms for any changes.
User creating content will get 1 GB space. Additional blocks of 5GB of space can be purchased at $25/month. One user account to create content is provided at no charge. Additional account to create eLearning content is available at $100/month. | | | 5. User Submissions.
A. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Instancy Learning to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. B. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant
Instancy Learning all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Instancy Learning or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Instancy Learning does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Instancy Learning expressly disclaims any and all liability in connection with User Submissions.
Instancy Learning does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Instancy Learning will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
Instancy Learning reserves the right to remove Content and User Submissions without prior notice. Instancy Learning will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Instancy Learning also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
Instancy Learning may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. C. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Office with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact Instancy Learning’s Copyright Office: By mail:
Copyright Office
c/o Instancy Learning
8311 Brier Creek Pkwy, Suite 105-446
Raleigh, NC 27617 By phone:
(919) 293 0079 By fax:
(919) 293 0079 By email:
copyright@Learning.instancy.com
| | | 6. Intellectual Property Rights.
It is hereby understood and agreed Instancy Learning is the owner of all rights, title and interest, including all Intellectual Property Rights to the Service and the web site that hosts the Service. You will be the owner of all rights, title and interest, including all Intellectual Property Rights of content, materials, graphics, or other information submitted by you through the Service. For the purposes of this Agreement, "Intellectual Property Rights" shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) Trademark and trade name rights and similar rights; (c) Trade secret rights; (d) Patents, designs, algorithms and other industrial property rights; and (e) All other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated, including, but not limited to logos, "rental" rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise. | | | 7. Hyperlinked Material.
The web site used to access the Service may contain hyperlinks to other sites on the Internet that are not owned or controlled by
Instancy Learning. Instancy Learning does not assume any responsibility for any material on such sites, or any other material outside of the Service, which is accessed directly or indirectly by any such hyperlink. | | | 8. Web Browser Recommendation.
It is recommended that for best user experience you use Microsoft Internet Explorer 6.0 and above to view, use the site and author any content
on Instancy Learning Website. | | |
9. Instancy Learning Warranties.
YOU AGREE THAT YOUR USE OF THE INSTANCY LEARNING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, INSTANCY LEARNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. INSTANCY LEARNING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE INSTANCY LEARNING WEBSITE. INSTANCY LEARNING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE INSTANCY LEARNING WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INSTANCY LEARNING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU 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. | | | 10. Limitation of Liability.
You acknowledge that the operation and availability of the communications systems, including, without limitation, telephone service, computer networks and the Internet, used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to or operation of the Service.
You acknowledge that INSTANCY LEARNING is not responsible for any such interference with or prevention of your use of or access to the Service.
IN NO EVENT SHALL INSTANCY LEARNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE INSTANCY LEARNING WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INSTANCY LEARNING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. | | | 11. Indemnification.
You agree to indemnify and hold harmless Instancy Learning and its affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys' fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Service by you. As used in this Agreement, "affiliate,” means any entity that controls, is controlled by, or is under common control with the named entity. | | | 12. General.
These Terms of Service shall be governed by and construed under the laws of the State of North Carolina, without reference to principles of conflict of laws, and any action brought by the Parties to enforce or interpret any provision of these terms of service shall be brought exclusively in an appropriate state court in Wake County. These Terms of Service, together with the Privacy
Notice and any other legal notices published by Instancy Learning on the Website, shall constitute the entire agreement between you and Instancy Learning concerning the Instancy Learning Website.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term,
and Instancy Learning's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Instancy Learning reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of
the Instancy Learning Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Instancy Learning may assign this Agreement to any entity that acquires, by merger, consolidation, asset purchase or otherwise, any or all of the business of
Instancy Learning. | | | |
