Terms of Service
Date of Last Revision: January 29, 2019.
Welcome to CourseNetworking, LLC, an academic and professional networking and content delivery service. Please keep the following definitions in mind while reading:
- The CourseNetworking, LLC service ("CourseNetworking, LLC" or "the Service")
- CourseNetworking, LLC ("us", "we" or "the Company")
- Our website at www.thecn.com (the "Site")
- You (the "User")
- These Terms of Use ("Terms of Use" or "Agreement")
- All content on the Site including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, User Content (as defined below), and their selection and arrangement (the "Site Content")
Using CN
Who may use CN
This Site may only be used by persons who are 13 and older for public users. For licensed institutions, CN allows persons under the age of 13 only if the licensee receives parent permission for the user to use CN. By using the Service or the Site, you are telling CN that (a) you meet the above age requirements; (b) you agree to abide by all of the terms and conditions of this Agreement; and (c) your use of the CourseNetworking, LLC Services does not violate any applicable law or regulation.
User Conduct
CourseNetworking’s goal is to provide a social, global, collaborative, and engaging platform to all learners free of charge. We monitor user content daily to ensure the following are addressed – if you violate this agreement by posting the following your account may be terminated. This includes content that you (or your account) has submitted, posted, transmitted or shared on CN that violates or infringes upon the rights of others. Users are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service.
You shall not use the Service to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as intellectual property, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You understand and agree that the Company may, but is not obligated to, review the Site and may hide or remove User Content, with or without notice. Site Content or User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
Your Content
User Content
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, announcements, and other content that you upload, publish or display or “post” on CN. This includes transmitting to or sharing with other users and is considered “User Content”. You may not post User Content on the Site that you did not create or that you do not have permission to post, and you shall be solely responsible for obtaining such permission.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site and delivery of the Service. You may remove your User Content from the Site at any time. If you choose to remove your User Content, however, you acknowledge that the Company may retain archived copies of your User Content. If you wish for your files to be completely removed from the CN servers before scheduled, please email help@thecn.com. For more information on user data, please see our Privacy Policy.
If you feel your copyrighted material appears on the Site without proper authorization, please contact info@coursenetworking.com.
How We Use Your Content
|
Information Used |
Use Purpose |
|
Name |
|
|
|
|
|
Photo |
|
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You are responsible for safeguarding and maintaining the secrecy of your password and identification at all times. You shall notify the Company promptly of any unauthorized use of your password and identification. You will remain liable for any use of the Service under your password and identification unless and until you notify the Company of the unauthorized use of your password and identification. For more information on how we secure your data, please see our security document.
Proprietary Rights and Limited License
The Site Content are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Content
User content is content legally owned by you that you have posted, uploaded, linked, etc. on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
Trademarks
CourseNetworking, LLC the CourseNetworking, LLC logo, and other Company graphics, logos, designs, page headers, icons, scripts and service names are registered trademarks, trademarks or trade dress of Company or its licensors in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Third Party Content
The Site contains (or you may be sent through the Site or the Service) user-generated links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. Users on the Site may post Third Party Sites as they are not distributed or posted by the Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and 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 site to which you navigate from the Site or relating to any applications you use or install from the site.
Termination of Service
The Company may terminate your membership, delete your profile and any User Content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) at any time in its sole discretion, with or without notice, if you have violated the terms above or if it believes that you do not meet the age requirements set forth above.
Disclaimers and Limitations of Liability
Third Party Links
The Company is not responsible for any user content or third party links or content posted on the Site or in connection with the Service. Although we provide rules for user conduct and postings, we do not control what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any user content or third party links. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Company does its best to monitor said posts and content daily and removes and notifies users as it violates this Agreement if such content is posted.
The Site and the Service may be temporarily unavailable from time to time for maintenance. At these times, CourseNetworking will repeatedly notify and warn users of the exact times the site will undergo maintenance. The Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Product and Services are Available “AS IS”
The site, the service, and the site content are provided "AS IS" and "AS AVAILABLE," and the company disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The company cannot guarantee and does not promise any specific results from use of the site and/or the service and/or any site content. Company does not represent or warrant that software, site content or materials on the site, or the service are accurate, complete, reliable, current or error-free or that the site, site content, service or servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, site content, services, or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
The Company reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services offered through the Site at any time, and notice will be given to users. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PERSON FOR USER CONTENT OR CONTENT POSTED OR ANOTHER USER, OR ANY CLAIM RELATED THERETO. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, AND IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED<1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOUR REMEDIES SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE 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 MAY HAVE ADDITIONAL RIGHTS.
Indemnity
You shall indemnify and hold the Company, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
General Terms
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Revisions to the Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and will notify users if such changes are made via email and upon login to the site. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. You must accept the terms in order to access the Site. We may also offer other services that are governed by different Terms of Use. For instance, different terms may apply to non-US members, K-12 Students, and non-students.
Governing Law and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts situated in Marion County, Indiana, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts situated in Marion County, Indiana.
Dispute Resolution
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during or after the pendency of any arbitration proceeding brought pursuant to this Agreement, or in lieu of such proceedings.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes) and in these Terms of Use. In rendering a decision, the arbitration panel shall follow the law of the United States and of the state of Indiana, and shall not use equitable or other principles which would permit the panel to ignore this Agreement or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in this Agreement.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.