1 Jan, 2021
Welcome to the User Agreement for elearningstack.com. The elearningstack.com service and website (collectively, "elearningstack.com" or "the Service") are operated by eLearning Stack Inc and its corporate affiliates (collectively, "us", "we" or "the Company"). This Agreement describes the terms on which you may access, and use our services. By accessing or using our website at www.elearningstack.com ("Site"), you (the "User") signify that you have read, understood, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of elearningstack.com (Member). In the event of any inconsistency between the elearningstack Privacy Policy and this Agreement, the Agreement shall override the Privacy Policy. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this Site. Your continued use of the Site indicates your acceptance of the amended Agreement.
Overview
Registration Details and Account Security
In consideration of your use of the Site, you agree to provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account with or without your knowledge. Upon unauthorized use of your password or any breach of security, get in touch with us immediately.
Fees
The Service is billed in advance on an annual basis and is non-refundable. No refunds or credits will be issued for partial use of Service, upgrade/downgrade refunds, or refunds for months where the Service was not used. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. elearningstack.com does not accept any liability for such loss. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, wherever applicable.
Cancellation and Termination
The Company may terminate your membership for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, you agree that all terminations shall be made in (at)our sole discretion and that elearningstack.com shall not be liable to you nor any third party for any termination of your account or access to our service.
Proprietary Rights in Site Content; Limited License
Under this agreement(,) the elearningstack.com grants to the LICENSEE a non-exclusive and non-transferable LICENSE to the buyer. Title, copyright, intellectual property rights (,)and distribution rights of the Software remain exclusively with elearningstack.com. This agreement constitutes a LICENSE for use only and is not in any way a transfer of ownership rights to the buyer.
License to use Templates
- On purchase of a template from elearningstack.com, you get a perpetual, non-exclusive, non-transferable, worldwide license to use the template for your personal and professional courses only. In no manner, you are entitled to re-sell, sub-license, rent, lend, assign, gift, distribute or transfer the template further in any mode.
- The copyright and the intellectual property rights in the template shall perpetually remain the ownership of elearningstack.com and in no manner you become the owner of the same.
- In case you breach any condition mentioned in this clause or the user agreement in general, elearningstack.com shall have the right to terminate this license without notice and claim damages or avail any remedy as per law.
- You are licensed to use the template to create unique, customized, multiple End Products for yourself or for multiple clients (a “multi-use” product). You can modify or manipulate the template and you can sell the customized product (for example, courses created with these templates). This license is a “multi-use” license, which means that you can use the template to create more than one unique End Product.
Disclaimer of Warranties
You understand and agree that the services & materials by elearningstack.com is provided on an “as is” and “as available” basis and that elearningstack.com does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users. Elearningstack.com assumes no responsibility for the accuracy or existence of any communications between users. Elearningstack.Com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
elearningstack.com makes no warranty that (I) The elearningstack.com services and materials will meet your requirements, (ii) The elearningstack.com service will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from use of the elearningstack.com site, templates, plugins and service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through elearningstack.Com will meet your expectations, and (v) any errors in the software will be corrected. (vi) elearningstack.com does not represent or assure in any manner that the template/plugin will meet up to your requirements or its use will be uninterrupted or error-free. The buyer accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Any material downloaded or otherwise obtained through the use of elearningstack.com is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
The plugin or template is provided by elarningstack.com and accepted by the buyer as it is. You expressly understand and agree that elearningstack.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if elearningstack.Com has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will elearningstack.Com’s total cumulative damages exceed us$ 100.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless elearningstack.com, holding company, its owners, partners, officers, employees, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the elearningstack.com Service. You shall also hold elearningstack.com, its directors, shareholders, employees, and officers harmless and indemnified and they shall not be held liable for any damages, loss, action, lawsuit, etc in case of any breach of the terms by you or due to the use of the template/plugin by you. Any business transactions which may arise between users from their use of elearningstack.com are the sole responsibility of the users involved.
Refund Policy
The Refund Policy has been defined on a separate web page. The buyer is suggested to go through it carefully before making a buying decision.
Force Majeure
The elearningstack.com will be free of liability to the buyer where the elearningstack.com is prevented from executing its obligations under this agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war, or any other unforeseen and uncontrollable event where the elearningstack.com has taken any appropriate action to mitigate such an event.
Governing Law
The User Agreement between you and elearningstack.com will be governed by, and construed in accordance with the Indian laws without regard to conflict of laws principles.
Other
One month of limited user support or maintenance from the date of purchase is provided as part of this agreement.
This agreement does not create or imply any relationship in agency or partnership between elearningstack.com and the buyer.
If you need any clarity, please feel free to contact us before making a buying decision. Once you have downloaded or purchased a plugin or template at any time, it is assumed that you adhere to these terms and conditions.
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