Web App Terms and Conditions of Use
Please read these terms and conditions carefully before using any Udutu Web Apps.
INTRODUCTION
These Web App Standard Terms And Conditions (these “Terms” or these “Web App Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, or any Udutu Web Application (such as the Udutu Authoring tool, or Udutu LMS), including all pages within each (collectively referred to herein below as the “Web App”). These Terms apply in full force and effect to your use of this Web App and by using this Web App, you expressly accept all terms and conditions contained herein in full. You must not use this Web App, if you have any objection to any of these Web App Standard Terms And Conditions. These Terms and Conditions do not apply only in the case that a separate agreement specifically disregarding this one, has been accepted and agreed upon by both parties.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have opted to include on this Web App, under these Terms, Udutu and/or its licensors own all rights to the intellectual property and material contained in this Web App, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained in this Web App.
RESTRICTIONS
You are expressly and emphatically restricted from all of the following without prior permission from Udutu:
- publishing any Web App material in any media;
- selling, sublicensing and/or otherwise commercializing any Web App material;
- using this Web App in any way that is, or may be, damaging to this Web App;
- using this Web App in any way that impacts user access to this Web App;
- using this Web App contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Web App, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Web App, or while using this Web App
Certain areas of this Web App are restricted from access by you and Udutu may further restrict access by you to any areas of this Web App, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Web App are confidential and you must maintain confidentiality of such information.
YOUR CONTENT
In these Web App Terms And Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Web App. With respect to Your Content, by uploading it, you grant Udutu a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, translate and distribute it in any non-commercial manner seen fit by Udutu, to enhance and support the Web App. Your Content must be your own and must not be infringing on any third party’s rights. Udutu reserves the right to remove any of Your Content from this Web App at any time, and for any reason, without notice.
NO WARRANTIES
This Web App is provided “as is,” with all faults, and Udutu makes no express or implied representations or warranties, of any kind related to this Web App or the materials contained on this Web App. Additionally, nothing contained on this Web App shall be construed as having provided consultation or advice to you.
LIMITATION OF LIABILITY
In no event shall Udutu, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Web App, whether such liability is under contract, tort, or otherwise, and Udutu, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Web App.
INDEMNIFICATION
You hereby indemnify to the fullest extent Udutu from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
Udutu is permitted to revise these Terms at any time as it sees fit, and by using this Web App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Web App.
ASSIGNMENT
Udutu shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Web App, constitute the entire agreement between Udutu and you in relation to your use of this Web App, and supersede all prior agreements and understandings with respect to the same.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and you submit to the non-exclusive jurisdiction of the province and federal courts located in British Columbia for the resolution of any disputes.
HOW CAN YOU CONTACT US?
If you have questions or comments about this policy, email us at info@udutu.com or by post to:
Udutu Learning Systems Inc.
PO Box 48149 UPTOWN PO, Victoria BC V8Z 7H5.
Phone: 1 (250) 388-5003