Welcome, and thanks for using ZoomLearn! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Last revised on October, 10, 2014.
About us and this agreement
We are a Learning Management portal for Corporates and Academic Users. We provide the platform where the users can administrate their learning activities either as an individual or as a formal/ informal group.
Our User Agreement has been updated; click here for a summary of the changes.
The mission of ZoomLearn is to provide a platform to its users for creating, administrating, sharing and procuring Education and Corporate Training. It shall provide Training administrators a platform to administrate training in their organizations and the content providers to create, map and procure high-quality user-generated educational content in multiple formats to its users in a user-friendly way. It shall provide administration, documentation, tracking, reporting and delivery of user-generated e-Learning content and training programs for users.
Note: Zoomlearn does not create any content or training event on its own.
When you use ZoomLearn, you are entering into a legal agreement and you agree to all of these terms.
Some promises you make to us in this agreement:
You will follow the law and ZoomLearn's rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
DOs and DON'Ts;
Complaints Regarding Content Posted on the ZoomLearn Website; and
You grant us a license to the information you provide us.
You own the information you provide ZoomLearn under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your ZoomLearn profile and data information accurate and updated. ZoomLearn on its part will try to maintain confidentiality of the information to the best of its abilities. Any information you submit to us is at your own risk of loss.
You grant ZoomLearn a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ZoomLearn.
By submitting/ uploading any user generated learning content, ideas, concepts, you agree that you have the legal and rightful ownership, or that you are legally authorized to upload the same into ZoomLearn. You further agree that ZoomLearn shall not be liable for any copyright right infringement or plagiarism of the content, as ZoomLearn does not have any responsibility to check or answer for any copyright right infringement or plagiarism of the content or any similar information.
ZoomLearn clearly commits that it will not copy any of the Users content that is uploaded in ZoomLearn without explicit prior approval from the respective users.
You are eligible to enter into this contract and you are at least our "Minimum Age"
The information you provide is truthful.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the "Minimum Age" (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ZoomLearn account, (3) are not a competitor of ZoomLearn or are not using the Services for reasons that are in competition with ZoomLearn; (4) will only maintain one ZoomLearn account at any given time; (5) will use your real name and only provide accurate information to ZoomLearn; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of ZoomLearn or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
"Minimum Age" means 18 years old.
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Service.
The profile you create on ZoomLearn will become part of ZoomLearn and except for the information that you license to us is owned by ZoomLearn. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade, or transfer your ZoomLearn account to another party; and (5) not charge anyone for access to any portion of ZoomLearn, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit ZoomLearn's Help Center.
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to/ create through ZoomLearn, and (3) any activity in which you engage on or through ZoomLearn.
You will honor your payment obligations and you are okay with us storing your payment information. Also there can be fees and taxes that are added to our prices.
We don't guaranty refunds.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to ZoomLearn storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. ZoomLearn does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here. ZoomLearn's refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that ZoomLearn's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your ZoomLearn account settings under "Purchase History." request one by contacting our Customer Support.
If you think you have to breach this agreement you will let us know before.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
You are okay with us providing you with important notices on the website, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and email notifications, ZoomLearn may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from ZoomLearn to an email address associated with your account, even if we have other contact information. You also agree that ZoomLearn may communicate with you through your ZoomLearn account or through other means including email, mobile number, telephone, or delivery services including the postal service about your ZoomLearn account or services associated with ZoomLearn. Please review your Settings to control what kind of messages you receive from ZoomLearn. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Zoomlearn.
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with ZoomLearn.
ZoomLearn may offer the Services through applications built using ZoomLearn's platform ("ZoomLearn Applications"). Examples of ZoomLearn Applications include its smart phone applications (ZoomLearn for Android, ZoomLearn for Blackberry or ZoomLearn for iPhone), and ZoomLearn's "Share" buttons and other interactive plugins distributed on websites across the web. ZoomLearn Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a ZoomLearn Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing ZoomLearn plugins that load in your browser may be communicated to us. Further, by importing any of your ZoomLearn data through the ZoomLearn Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your ZoomLearn account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing ZoomLearn through your mobile access provider. Therefore, you should check with your provider to find out if ZoomLearn Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
When you share information, others can see, copy and use that information.
ZoomLearn offers various forums, where you can post your observations and comments on designated topics. ZoomLearn also enables sharing of information by allowing users to post updates, including links to news articles and other information. ZoomLearn members can create ZoomLearn Groups and Company Pages for free, however, ZoomLearn, in its sole discretion, may close or transfer ZoomLearn Groups or Company Pages, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and ZoomLearn cannot guarantee that other Members will not use the ideas and information that you share on ZoomLearn. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any ZoomLearn Group, into your Network Updates, or elsewhere on ZoomLearn. ZOOMLEARN IS NOT RESPONSIBLE FOR ANOTHER USER MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON ZOOMLEARN.
We support middleware providers that offer archiving solutions to firms subject to legal and regulatory archiving requirements, which, with your permission, facilitate the archiving of your communications and other activity by a third party for compliance purposes. Content distributed through our sharing features and third-party integrations may result in displaying some of your personal information outside of our Services. For example, when you post content to a Group that is open for public discussion, your content, including your name as the contributor, may be displayed in search engine results.
Also, if you have opted to bind any of your Service accounts to your Twitter, Facebook or other similar account, you can easily share content from our Services to these third party services, in accordance with your account settings (which you may change at any time) and respective policies of these third parties. Further, we allow third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through its profile API.
We collaborate with and allow third parties to use our developer platform to offer services and functionality in conjunction with our Services. These third-party developers have either negotiated an agreement to use our platform technology or have agreed to our self-service API and Plugin terms in order to build applications ("Platform Applications"). Both the negotiated agreements and our API and Plugin terms contain restrictions on how third parties may access, store, and use the personal information you provide to us.
[K-1] Service Development; Customized Experience
We use information and content that you and other Members provide to us to conduct research and development for the improvement of our Services in order to provide you and other Members and Visitors with a better, more intuitive experience and drive membership growth and engagement on our Services and to help connect professionals to economic opportunity.
We also customize your experience and the experiences of others on our Services. For example, when you sign in to your account, we may display the names and photos of new Members who have recently joined your network or recent updates from your connections and companies you follow. We try to show you content, such as news and presentations, that is relevant to you, your industry, or your profession. We also use Members information and content for invitations and communications promoting our Services that are tailored to the recipient.
You won't break export laws.
Your use of ZoomLearn services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
If you provide feedback to ZoomLearn, make sure you don't include confidential or infringing materials, and you grant ZoomLearn rights to such feedback.
By submitting ideas, suggestions, documents, or proposals ("Contributions") to ZoomLearn through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ZoomLearn is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ZoomLearn shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ZoomLearn may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to ZoomLearn rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from ZoomLearn under any circumstances.
If you follow this agreement, we grant you a limited right to use ZoomLearn.
You will only access and use ZoomLearn in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or ZoomLearn authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ZoomLearn or its Members), view information and use the Services that we provide on ZoomLearn webpages and in accordance with this Agreement. Any other use of ZoomLearn contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from ZoomLearn commercially unless expressly authorized by ZoomLearn) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ZoomLearn and all related items, including any and all copies made of the ZoomLearn website.
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as ZoomLearn continues to offer the Services, ZoomLearn shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ZoomLearn as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ZoomLearn, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on ZoomLearn or by direct communication to you unless otherwise noted. ZoomLearn further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by ZoomLearn to be contrary to this Agreement. For avoidance of doubt, ZoomLearn has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services, beyond the period as committed by ZoomLearn.
Third parties may offer their own products and services through ZoomLearn, and we are not responsible for these third-party activities.
Irrespective of the above clause ZoomLearn reserves the right to voluntarily close all of its operations or any part of its operations with 3 months notice by advertising on the sight, without any legal or monetary liability or without paying compensation to any of its users.
We have the right to limit the connections and interactions on the Service.
You are solely responsible for your interactions with other Members. ZoomLearn may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ZoomLearn reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ZoomLearn determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
We are providing you notice about our intellectual property rights.
The Service includes the copyrights and Intellectual property rights of ZoomLearn and except for the limited license granted to you in Section 3, ZoomLearn reserves all of its intellectual property rights in the Service. ZoomLearn, the ZoomLearn logos and other ZoomLearn trademarks, service marks, graphics, and logos used in connection with ZoomLearn are trademarks or registered trademarks of ZoomLearn in India and/or other countries. Other trademarks and logos used in connection with ZoomLearn may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We disclaim any legal liability for the quality, safety or reliability of ZoomLearn.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON ZOOMLEARN OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ZOOMLEARN AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZOOMLEARN DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZOOMLEARN AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ZOOMLEARN OR ANYTHING RELATED TO ZOOMLEARN, YOU MAY CLOSE YOUR ZOOMLEARN ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ZOOMLEARN IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH ZOOMLEARN TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. ZOOMLEARN DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ZOOMLEARN DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. ZOOMLEARN DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ZOOMLEARN DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ZOOMLEARN DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ZOOMLEARN SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
We are trying to limit any legal liability ZoomLearn may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither ZoomLearn nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("ZoomLearn Affiliates") shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or Indian Rupees 1000/- , whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from ZoomLearn. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that ZoomLearn may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
We can each end this agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to ZoomLearn pursuant to Section 9.C. This notice will be effective upon ZoomLearn processing your notice. ZoomLearn may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ZoomLearn or the party paying for the services may terminate your access to any Premium Services. Termination of your ZoomLearn account includes disabling your access to ZoomLearn and may also bar you from any future use of ZoomLearn.
ZoomLearn may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the ZoomLearn messaging services; creating multiple or false profiles; using the Services commercially outside the allowed purview, without ZoomLearn's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 10, or any other behavior that ZoomLearn, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, ZoomLearn has adopted a policy of terminating accounts of Members who, in ZoomLearn's sole discretion, are deemed to be repeat infringers under the Indian Copyright Act.
Upon termination of your ZoomLearn account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 ("Your Rights") and Sections 4(a) (b) and (d) ("Our Rights and Obligations").
In the unlikely event we end up in a legal dispute, it will take place in Chennai courts, applying Indian law.
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the Union of India regardless of your country of origin or where you access ZoomLearn, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and ZoomLearn agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Chennai, Tamil Nadu, India, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ZoomLearn agree to submit to the personal jurisdiction of the courts located within Chennai, Tamil Nadu for the purpose of litigating all such claims. Notwithstanding the above, you agree that ZoomLearn shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Indian Rupees 1,00,000/-, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Important details about how to read the agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via postings on www.ZoomLearn.com. You may contact us here. Or via mail or courier at: ZoomLearnLearning Systems Limited, ,A4, Rangasai Apartments, Old No. 9 New No. 33, Warren Road, Mylapore, Chennai - 600 004. Additionally, ZoomLearn accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and ZoomLearn regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ZoomLearn services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ZoomLearn Affiliate shall be deemed legally binding on any ZoomLearn Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ZoomLearn.
You waive your rights to try to stop operations of ZoomLearn, but we don't waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed
You can't assign your rights under this agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ZoomLearn Corporation for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
As a condition to access ZoomLearn, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
Here's a list of some of the specific things we ask you to do and not do on ZoomLearn. If you want a high-level summary of these, please check out our Professional Community Guidelines
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by ZoomLearn concerning the Services;
Use the Services in a professional manner; and
Use your real name on your profile.
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content in ZoomLearn;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Create a Member profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using ZoomLearn;
Invite people you do not know to join your network;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account or create a false identity on ZoomLearn;
Upload, post, email, notify, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ZoomLearn);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using ZoomLearn invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using ZoomLearn to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ZoomLearn or any user of ZoomLearn;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ZoomLearn (excluding content posted by you) except as permitted in this Agreement, ZoomLearn's developer terms and policies, or as expressly authorized by ZoomLearn;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from ZoomLearn to provide any service that is competitive, in ZoomLearn's sole discretion, with ZoomLearn;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by ZoomLearn unless you have entered into a written agreement with ZoomLearn (this includes, but is not limited to, representing yourself as an accredited ZoomLearn trainer if you have not been certified by ZoomLearn as such);
Adapt, modify or create derivative works based on ZoomLearn or technology underlying the Services, or other Members' content, in whole or part, except as permitted under ZoomLearn's developer program;
Rent, lease, loan, trade, sell/re-sell access to ZoomLearn or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a ZoomLearn Group or any other service or functionality of ZoomLearn, without the express written permission of ZoomLearn;
Deep-link to the Site for any purpose, (i.e. creating or posting a link to a ZoomLearn web page other than ZoomLearn's home page) unless expressly authorized in writing by ZoomLearn or for the purpose of promoting your profile or a Group on ZoomLearn as set forth in the Brand Guidelines;
Remove any copyright, trademark or other proprietary rights notices contained in or on ZoomLearn, including those of both ZoomLearn and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on ZoomLearn;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information and the content legally posted in ZoomLearn except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non- Members without their express consent;
Infringe or use ZoomLearn's brand, logos or trademarks, including, without limitation, using the word "ZoomLearn" in any business name, email, or URL or including ZoomLearn's trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by ZoomLearn;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
Use bots or other automated methods to access ZoomLearn, add or download contacts, send or redirect messages, or perform other similar activities through ZoomLearn, unless explicitly permitted by ZoomLearn;
Access, via automated or manual means or processes, ZoomLearn for purposes of monitoring ZoomLearn's availability, performance or functionality for any competitive purpose;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of ZoomLearn's website;
Attempt to or actually access ZoomLearn by any means other than through the interfaces provided by ZoomLearn such as its mobile application or by navigating to http://www.ZoomLearn.com using a web browser. This prohibition includes accessing or attempting to access ZoomLearn using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including ZoomLearn;
Attempt to or actually override any security component included in or underlying ZoomLearn;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on ZoomLearn's infrastructure, including, but not limited to, sending unsolicited communications to other Members or ZoomLearn personnel, attempting to gain unauthorized access to ZoomLearn, or transmitting or activating computer viruses through or on ZoomLearn; and/or
Interfere or disrupt or game ZoomLearn or the Services, including, but not limited to, any servers or networks connected to ZoomLearn, or ZoomLearn's search algorithms.
If you think someone has stolen or misused your intellectual property on ZoomLearn, please check out our Copyright Policy.
We built ZoomLearn to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, ZoomLearn provides a process for submission of complaints concerning content posted by our Members.
If you have questions or comments about this User Agreement, please contact us online at firstname.lastname@example.org