This agreement ("Agreement") is between a user or member of CoursePark, and Blue Drop Inc. ("the Company"), trading as Bluedrop Performance Learning, the owner and operator of the CoursePark online social learning network ("CoursePark").
Use of CoursePark constitutes acceptance of this Agreement. Any person creating a member account will be explicitly asked to read and accept the terms of this Agreement. If you do not agree to abide by the terms and conditions within this Agreement, please do not use CoursePark or create a member account.
The Company may change any of the terms in this Agreement at any time. Changes will become effective when the Company posts the modified Agreement on CoursePark. If you do not agree to the changes, you may terminate your account. Continued use of CoursePark by you or any other user under your license constitutes acceptance of the terms of the modified Agreement.
1.1 What is CoursePark?
CoursePark is an online social learning network for business, comprised of an on-demand learning management system, a network of Learning Networks, a course library, and a set of related tools that allow business users to create courses, manage training programs, and communicate with each other.
1.2 Who is a CoursePark User?
Any person or corporation who views or accesses pages within the coursepark.com domain (whether logged in or not).
1.3 What is a Learning Network?
A Learning Network is a secure area where administrators can invite members, build courses and manage learning events. Individual learners can purchase and take training within their Learning Network.
2. Basic Terms
You must be 16 years or older to use CoursePark.
You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate, or intimidate other users.
You may not use CoursePark and its services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") and courseware ("Courses") that you submit, post, and display on CoursePark.
You must not modify, adapt, hack CoursePark or modify another website so as to falsely imply that it is associated with CoursePark.
You must not upload, post, email, create or otherwise transmit any Content or Courses that you do not have a right to transmit under any law or under contractual or fiduciary relationship.
You must not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "Junk Mail", "Spam", "chain letters", "pyramid schemes", or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not use or attempt to use any "deep link", "scraper", "robot", "bot", "spider", "data mining", "computer code" or any other automated or manual device, program, tool, algorithm, process or methodology having any similar processes or functionality to access, acquire, copy, or monitor any portion of CoursePark, any data or content found on or accessed through CoursePark without the express written consent of the Company.
You must not violate any measure employed to limit or prevent access to CoursePark or its Content and Courses.
You must not violate the security of CoursePark or attempt to gain unauthorized access to CoursePark or its Content and Courses, or computer systems and networks connected to CoursePark through hacking, password mining or any other means.
You must not interfere or attempt to interfere with the proper working of CoursePark or any activities conducted on or through CoursePark.
You must not take or attempt any action that, in the sole discretion of the Company, imposes or may impose what the Company deems to be an unreasonable or disproportionately large burden on CoursePark or the infrastructure of CoursePark.
You must not, in the use of CoursePark, violate any laws in your jurisdiction (including but not limited to copyright laws).
By accessing CoursePark, you agree that all matters relating to your use of CoursePark shall be governed by and construed in accordance with the laws of the Dominion of Canada and the province of Newfoundland and Labrador, without giving effect to any principles of conflicts of law, whose Courts shall have exclusive jurisdiction to resolve all disputes arising from the use of CoursePark.
You shall be responsible for obtaining and maintaining all telephones, network access computer hardware and software, and other equipment needed for access and use of CoursePark and for any/all charges related thereto.
You understand and agree that the Company cannot be responsible for the Content or Courses posted on CoursePark or any of CoursePark's Learning Networks, and you nonetheless may be exposed to such materials and that you use CoursePark at your own risk.
3. General Conditions
We reserve the right to modify or terminate CoursePark for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
CoursePark, its services, Content and Courses are provided "as is" and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
The Company does not warrant that CoursePark will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of CoursePark, or as to the accuracy, reliability, completeness, or content of any information, third party website, software, Content, Course or merchandise that may be provided through CoursePark.
The Company exercises no editorial control over Content and Courses distributed and published through CoursePark. We do not pre-screen Third-Party content or courses. The views and opinions expressed in such information do not necessarily reflect those of the Company, its employees, or its content providers or licensors. Neither the Company nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
The Company assumes no responsibility for any Content or Courses or any material outside of CoursePark which may be accessed through any hypertext or other computer "links".
No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Company employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the Company for any purpose or give rise to any liability of the Company whatsoever, and you agree that you will not rely on any such statement, information or advice.
CoursePark may contain public forums (the "Forums") where feedback and other comments can be reported directly to CoursePark. Information that is voluntarily submitted to the CoursePark Forums is used to improve CoursePark's services. The Company reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on CoursePark or in other communications. Use and participation in the CoursePark Forums is an implicit consent to the Company utilizing a user displayed comment for marketing purposes. If the Company chooses to display a user-submitted comment it will either display it anonymously, stripping away all personally identifiable information, or request permission directly from you before displaying any such personally identifiable information.
The trademarks, logos, and service marks ("Marks") displayed on CoursePark are the property of the Company. You are not permitted to use the Marks unless you have the prior written consent of the Company.
The Company claims intellectual property rights over all CoursePark documentation (such as help files, FAQs, on-screen text and help, demos, and other related materials), marketing materials, agreements, and other materials created and published by the Company for use by CoursePark users.
4. Terms of Course Access and Viewing
4.1 Copyright Terms and Conditions
Content and Courses on CoursePark may be owned by:
CoursePark Users ("Providers"), including yourself
Regardless of the source of ownership, the following general terms and conditions apply:
You expressly acknowledge and agree that CoursePark contains information, text, software, photos, video, graphics, music, sounds and other material (called "Content" and "Courses") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights, registered or otherwise, are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to this Content and Courses, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owner of the content.
We will undertake commercially reasonable efforts to obey all relevant copyright laws. We will review claims of copyright infringement received and remove Content or Courses deemed by us, acting in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and email;
A sworn statement by you 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
A sworn statement that the information in the notification is accurate, and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to firstname.lastname@example.org or CoursePark Copyright, 18 Prescott Street, St. John's, Newfoundland and Labrador, AIC 3S4, Canada.
4.2 Terms of Course Technical Viewing Requirements
CoursePark cannot guarantee that any course distributed through CoursePark will function in every browser and/or platform. Whenever possible, CoursePark will provide information about the recommended and/or minimum browser type, browser settings, plug-ins, and/or platform characteristics required to view a course.
It is your responsibility to check your computer and software configuration to determine whether you will be able to view a course prior to enrolling or purchasing.
The Company will not guarantee that a course will function as described in the requirements, unless it is a fully supported course.
Before purchasing a license for a course, please check the minimum viewing requirements.
4.3 Terms of Course Support
Courses within CoursePark are supported, currently, in two ways:
Full Support: All courses from professional partners are fully supported by CoursePark (e.g. SkillSoft courses from partner SkillSoft Limited). The CoursePark support team will respond to questions regarding viewing issues, technical problems. CoursePark is however not responsible for supporting the actual content itself (e.g. the factuality or correctness of the content).
No Support: All other courses that are imported into CoursePark by other users are currently not supported by CoursePark.
Check the course description before purchasing a course to determine what level of support is provided with the course license.
4.4 Terms of Course License
You have the right to use and access a Course for a specific period of time (the "Subscription Period"). This Subscription Period is a property of the course you are enrolling in or purchasing. Before enrolling or purchasing a course, check the subscription period in the course purchase terms.
The Subscription Period also applies to free courses.
At the end of the Subscription Period, your license and associated rights will expire automatically, unless you have renewed the subscription. Upon expiration, you will no longer be able to access the course, but your record of enrolment, grade, status at the time of expiration will remain in your personal training record.
4.5 Terms of Course Purchase and Payment
CoursePark acts as the agent/distributor of courses. When you purchase a course license, CoursePark brokers the transaction.
CoursePark accepts the following methods of payment to accommodate your needs: PayPal (which also processes Visa, Master Card, American Express).
All transactions are handled through the PayPal Pro service (Canadian version). CoursePark does not collect any corporate or personal credit card information.
If you do not receive a purchase confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with the CoursePark Customer Support to inquire whether your order has been placed. Only you may be aware of any problems that may occur during the purchase process. The Company is not responsible for losses (monetary or otherwise) if you assume that an order was or was not placed. Inquiries can be sent to email@example.com or CoursePark, 18 Prescott Street, St. John's, Newfoundland and Labrador, AIC 3S4, Canada.
Due to the nature of our service, the Company offers no refunds, cancellations, or exchanges on courses purchased through CoursePark. All sales are final.
5. Terms of Learning Network Ownership
Learning Networks are the basic building block of the CoursePark network - where courses are hosted, members learn and discuss, and training programs are tracked.
5.1 Terms of Learning Network Subscription
You must be a CoursePark User in order to create a Learning Network.
Learning Network subscriptions are purchased from CoursePark. The subscription is automatically renewed for the month commencing on the monthly anniversary date of subscription set-up. The monthly subscription fee will show up on your PayPal statement and/or credit card statement as a purchase from "CoursePark".
CoursePark accepts the following methods of payment to accommodate your needs: PayPal (which also processes Visa, Master Card, American Express).
All transactions are handled through the PayPal Pro service (Canadian version). Neither the Company or CoursePark collect any corporate or personal credit card information.
Due to the nature of our service, CoursePark offers no refunds, cancellations, or exchanges on subscription fees purchased through CoursePark. All sales are final.
You may at any point, upgrade a training area to include more users, more disk space, and other features that the Company may from time to time add to CoursePark.
If, for whatever reason, there are insufficient funds to cover the monthly subscription fee payment, CoursePark will send the Learning Network owner an email notification of a 7-day "grace period" during which sufficient funds can be made available. If after 7 days, the fee remains outstanding, one of two possible actions will occur:
If the Learning Network was set up to sell courses, the outstanding fees will be debited against the Learning Network's current account balance (if sufficient); or
In all other cases, the Learning Network will be deactivated.
After 90 days of de-activation, the Learning Network will be deleted. See Section 6.3 for a complete description of Learning Network account Termination.
6. Termination of Accounts
6.1 Termination of User Accounts
You may terminate your CoursePark account at any time and without cause by utilizing the functionality of CoursePark.
The Company may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of CoursePark, or terminate this Agreement and thus your rights to use CoursePark, for any conduct or use (whether by you or anyone else having access under your Login Name(s) and Password(s)) that the Company believes is a violation of this Agreement or for any other conduct or use that the Company believes is harmful to other CoursePark users, CoursePark's content providers, or to CoursePark or the interests of the Company.
The termination process will include, but may not be limited to, the following actions:
Removal of your account and profile from CoursePark;
Removal of your membership and access to any/all Learning Networks, including any discussion forums or other "Community" services associated with the Learning Networks;
Termination of access to all courses in which you were enrolled. No refunds shall be issued for course licenses that are not expired at the time of account termination;
Termination of all notifications to your email account;
Termination of access to all Content that is protected by password restriction;
Removal of all of your personal training records.
As part of the termination process, the Company has the right to take such action at its discretion:
Remove contributions you have made to CoursePark discussion forums, question/answer forums, comments, and ratings; unless some or all of these are deemed to be in violation of this Agreement.
Remove certain records of your training history in Learning Networks in which you were a member.
6.2 General Statement of Termination
It may be impossible to delete an account, course or training area without some residual information remaining in our system due to the presence of Company maintained backups and records of deletions. The Company reserves the right not to delete information in order to comply with applicable local laws or regulations.
7. Your Remedies
The Company's entire liability to you, and your sole and exclusive remedy, regarding the use of CoursePark shall be the Company providing you with replacement of a Login Name(s) or Password(s) if a currently valid Login Name(s) or Password(s) fails to allow access to CoursePark.
Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) Subscription Cost or other charges for the use of CoursePark, (c) access to, use of, or performance of CoursePark, or (d) any CoursePark Content, is to terminate your account as provided for in Section 6.1.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OF THE COMPANY OR ANY THIRD PARTY, SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE COURSEPARK INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES.
8.1 Indemnification by You
You agree to defend, indemnify and hold harmless the Company and its Related Parties from any claims and expenses related to any violation of this Agreement by your use of CoursePark, or in connection with the placement or transmission by you of any material on CoursePark except as expressly authorized in this Agreement.
You acknowledge that the Company will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of CoursePark or Content/Courses and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the Company shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of CoursePark or Content/Courses.
Subject to any partner agreements to which these Terms of Service will form a Schedule, this Agreement is the entire agreement between the Company and you with respect to CoursePark. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the Company waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
The company can be contacted at Blue Drop Inc., 18 Prescott Street, St. John's, Newfoundland and Labrador, AIC 3S4, Canada.