You must be over 16 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Elearning Dom.
Via our online platform (“Platform”), our customers (“Customers”) may download elearning assets (“Product”).
Once we receive your registration application and your subscription payment, we will create an account (“Account”) for you and we will e-mail you a link to activate your Account. Once you complete activation, you will be able to start using our Services.
Each Account is personal and non transferable. Your rights and obligations to Elearning Dom are non transferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify Elearning Dom at [email protected] regarding any unauthorized uses of your Account or any other breaches of security. Elearning Dom will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
To prevent fraud and abuse, Users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Elearning Dom community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.
3. Our Responsibility to our Customers
a) No responsibility for the Products
Customers agree and acknowledge that Elearning Dom does not perform any quality control, regarding each Product’s quality, standards, licences etc nor does it provide any guarantee for each Product’s functionality according to its specifications. Customers agree and acknowledge that they have to independently verify the Product’s quality, standards, licenses and specifications and make their own due diligence before purchasing a Product. In no event shall Elearning Dom be liable for any Product purchase made in reliance on any Information available in our Website. The only remedy that the Customers shall have against Elearning Dom for any kind of Product deficiency will be a refund of their subscription payment pursuant to par. 8 of these TOU.
b) No endorsement of any particular Product
Customers understand and acknowledge that Elearning Dom does not make any endorsements of any particular Product. However, Elearning Dom provides recommendations and suggestions based on the Customer’s choice of filter.
In the event that due to technical issues the Customer’s Product is not downloaded correctly, please contact us at [email protected] .
4. Customers’ Responsibility
a) The content available on our Website is provided for the sole purpose of our Services. You may use, print and download information from the Website for this purpose only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Website. If you perform an unauthorized use of the content of our Website, we have the right to immediately stop providing our Services to you and terminate your Account.
b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
c) When using our Website, you shall not:
- take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- interfere with the proper working of the Services we provide or any activities conducted on the Services;
- attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
- run any form of auto-responder or ‘spam’ on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
- harvest or scrape any content from the Services;
- otherwise take any action in violation of our guidelines and policies;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Services;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- act in such a way that the Services are damaged, interrupted or made less efficient;
- manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
Non-permitted use of our Services
The following actions/activities are not permitted on our Website:
- Adult services & pornography: Elearning Dom does not allow any exchange of adult oriented or pornographic materials and services;
- Inappropriate behavior & language: Communication on our Website should be friendly, constructive, and professional. Elearning Dom condemns bullying, harassment, and hate speech towards others;
- Phishing & spam: Elearning Dom takes its Customers’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another Customers’ Account or computer environment is strictly prohibited. Please respect our Customers’ privacy by not contacting them for commercial purposes without their consent;
- Content: You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:
- infringes any third party right or violates any law or contractual duty;
- you know is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other harmful computer codes, files, or programs;
- includes anyone’s identification documents or sensitive financial information;
- otherwise interferes with the Services.
Elearning Dom shall have the right to terminate any Services offered to you and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions above.
- Fraud / unlawful use – You may not use our Website for any unlawful purposes or to conduct illegal activities;
- Targeted abuse: We do not tolerate Customers’ who engage in targeted abuse or harassment towards other Customers’ on our Website. This includes creating new multiple accounts;
- Selling accounts: You may not buy or sell Elearning Dom accounts;
- You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
5. License grant
Elearning Dom hereby grants, represents and warrants to Customers, a non-transferable, non-exclusive, worldwide sub-license to use, modify, publish, list information regarding, edit, translate, publicly perform, publicly display all the content of the Product in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Customer’s business. You are not licensed to and shall not:
- make copies of the Product, distribute, rent, loan, lease, sell, resell, sublicense, or otherwise transfer the Product, the rights granted herein with respect to the Product or any part of this Agreement, to any other person or legal entity;
- remove, alter, or obscure any copyright, trademark or other proprietary notices, labels, or marks from or on the Product;
- decompile, disassemble or otherwise reverse engineer the Product, or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Product;
- use the Product in excess of, or in any manner inconsistent with, the rights granted herein with respect to the Product, with your business purpose (creating an elearning course) or in violation of any law or regulation; and
- utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection in connection with the Product or access the Product with any code, serial number, or other copy-or access protection device not supplied by Elearning Dom directly or indirectly.
6. Termination of the use of our Services
7. Suspension & disablement of your Account
Elearning Dom reserves the right at any time to immediately terminate or suspend your Account or your access to the Website without notice, if you breach any of TOU or violate any law or regulation. An event that may result in the termination or suspension of your Account can include but is not limited to: a) providing inaccurate information, b) any circumvention of the Elearning Dom marketplace by you or by others at your direction, c) your creation and/or management of more than one Account, d) your circumvention or non-payment in full of our fees and e) any attempt by you to post or cause another to post a false or inappropriate review.
Regarding any breach of TOU or any violation of the law or any regulation, Elearning Dom also reserves the right to take further action as in its sole discretion considers appropriate or necessary, without the obligation to make any refunds. Elearning Dom shall have the sole and absolute discretion to decide whether you have breached any of the TOU, and such decision shall be final. In case Elearning Dom has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
8. Pricing Policy
Our Customers may access our Services in exchange for a yearly subscription fee in the amount of $675, due upon registration and acceptance of these TOU. Elearning Dom retains the right to alter the subscription fee at any time and to offer promotions to its Customers. All 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, excluding only United States (federal or state) taxes.
Refunds: Elearning Dom shall provide a refund only where the Product that you purchased is broken, malfunctioning or corrupt or doesn’t work as described. You accept and agree that in order to qualify for a refund, you need to e-mail us at [email protected] within 48 hours from the day that you discovered the problem. We retain the right to fix the problem within 48 hours from your notification e-mail. In the event that we are not able to fix the problem within the above-defined time frame, we will provide you a refund of your subscription.
Third Party Payment Processors
We use a third-party payment processor (the “Payment Processor”) to bill our Customers. The processing of our pricing plan payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our TOU. We are not responsible for error or delays by the Payment Processor. By submitting your registration form with your preferred pricing plan, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable pricing plan. You further authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you, via the Payment Processor, we shall not make our Services available to you.
9. Links to third party sites
This Website contains links to sites owned or operated by third parties. Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site. You are not allowed to upload links of any kind.
10. Service Availability Disclaimer
We will make all reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
11. Warranty disclaimer / limitation of liability
ELEARNING DOM DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELEARNING DOM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ELEARNING DOM, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL ELEARNING DOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEARNING DOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold Elearning Dom and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to (i) the use of the Website or your placement or transmission of any message or information on this Website by you, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of your use of our Services or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
13. Intellectual property
Notwithstanding par. 6 of these TOU, the TOU do not transfer from Elearning Dom to you any Elearning Dom or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Elearning Dom. Elearning Dom’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Elearning Dom. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Elearning Dom or third-party trademarks. You expressly declare and undertake not to register any domain name that includes the word “Elearning Dom” neither to use the word “Elearning Dom” in any way that may cause confusion on any advertising service on the internet.
14. Copyright infringement
As Elearning Dom asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Elearning Dom violates your copyright, you are encouraged to notify Elearning Dom [email protected] Elearning Dom will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Elearning Dom will terminate a Customer’s access to the Services if, under appropriate circumstances, they are determined to be a repeat infringer of the copyrights or other intellectual property rights of Elearning Dom or others.
As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOU. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOU. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Elearning Dom reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Elearning Dom. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
Elearning Dom may amend these TOU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by Elearning Dom. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.
18. Applicable Law
The present TOU are in conformity with the laws of Delaware. Elearning Dom makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
Any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these TOU to arbitrate, shall be determined by arbitration in Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Any notice to be served on or documentation to be sent to any party to these TOU shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: [email protected], and address: 113 Barksdale Professional Center, City of Newark, New Castle, DE 19711, USA.
21. General Terms
These TOU shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Elearning Dom to either terminate your Account and stop providing its Services, and claim damages or terminate without any claim for damages or claim damages without terminating your Account and stop providing its Services.
No failure or delay by Elearning Dom in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account and termination of Services shall not affect the accrued rights of Elearning Dom arising in any way out of these TOU as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.