Last Updated November 30, 2012
The Sites and Services are accessible by Users (defined below) either directly or through another organization that provides access to the Sites and Services via an agreement with Skillsoft, such as the User’s employer (each a “Customer”). Skillsoft also has established relationships with resellers, who make the Sites and Services available to Users through subscriptions (each a “Reseller”). It does not apply to www.skillsoft.com or to top-level domains for www.skillport.com or www.books24x7.com, which are public, informational web sites designed to provide additional information about the Services.
References to “Skillsoft,” “we,” or “us” herein refer to Skillsoft Ireland Limited and/or its affiliates, subsidiaries, and designees as deemed appropriate by Skillsoft. Individuals who are authorized to use the Sites either directly or as an authorized user of a Customer or Reseller are referred to herein as “Users” or “you.”
Ownership and Use of Material. The Sites are owned by Skillsoft andmay be operated by Skillsoftor its Customers or Resellers, subject to the Services Agreement. Unless otherwise noted, all features and content on or relating to the Sites, including without limitation information and other materials, trademarks, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof (collectively, “Site Content”), with the exception of User-generated content posted to Internet Forums, are owned by Skillsoft or are licensed from third parties by Skillsoft. The Sites, in whole and in part, and all Site Content are protected by copyright, trademark, service mark, trade name and other proprietary rights, and all such rights are reserved. No Customer, Reseller, or User may access or use the Sites, or any portion thereof, for any purpose other than to view the Site Content and make use of the Services provided on the Sites in accordance with the Services Agreements. Skillsoft does not own any content posted or submitted to or communicated via a Site by a User. The Customer, Reseller, or the User, as applicable, is solely responsible for all User-generated content and communications on the Sites. Unless otherwise provided in a Services Agreement with respect to authorized Users of a Customer or Reseller, each User hereby grants Skillsoft an irrevocable, perpetual, royalty-free, non-exclusive license to use (and to authorize others to use) the User-generated content created by the User for any purpose relating to Skillsoft’s learning solutions business.
Internet Forums. The Internet Forums are intended to provide Users with a valuable resource on selected topics. Much of the content found on such Internet Forums is provided by third party Users, and not Skillsoft. The Customer, Reseller, or User, as applicable, is responsible for any User-generated content it posts to or any of its communications through an Internet Forum or the Sites. Skillsoft and its Customers and Resellers are not responsible for any User-generated content posted to an Internet Forum or the Sites, and Skillsoft is not responsible or any communications among Users, Resellers, and Customers made through an Internet Forum or the Sites.
Prohibited Conduct. When using the Sites, Users may not:
No Endorsement. Skillsoft and its Customers and Resellers do not pre-screen or control the content of any Internet Forum and, as such, do not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. The content of Skillport's blog or any other Internet Forum reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of Skillsoft, or its Customers or Resellers. Skillsoft, its Customers and Resellers undertake no obligation to update, correct or modify any statements made by the author(s) of the post. Any reliance on material from the Sites is at the User’s own risk.
Take Down Procedure. Skillsoft or its Customers or Resellers may, in appropriate circumstances and at their discretion, remove or disable access to Site Content or any other content on the Sites, including User-generated content, if they believe or are notified that certain material may infringe on the rights of others. For Sites administered by Skillsoft, if you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information requested below toGreg Porto by mail to 107 Northeastern Blvd., Nashua, NH 03062 or by telephone to (603) 821-3623. For Sites administered by a Customer or Reseller, if you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information requested below to the Reseller or Customer directly or, if you do not have contact information for the appropriate Customer or Reseller, we will refer you to the appropriate Customer or Reseller contact. In either case, you should provide the following information:
For Sites administered by Skillsoft, if your User-generated content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your User-generated content, you may send your counter-notice to the same contact information above. For Sites administered by a Customer or Reseller, if your User-generated content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your User-generated content, you may send your counter-notice to the Reseller or Customer directly or, if you do not have contact information for the Customer or Reseller, we will refer you to the appropriate Customer or Reseller contact.
Notwithstanding the foregoing, Skillsoft and its Customers and Resellers reserve the right to edit, refuse to post or remove any other information or materials from the Sites they administer, in whole or in part, for any reason whatsoever, in the sole discretion of Skillsoft, its Customers or Resellers. Neither Skillsoft no>r its Customers or Resellers will be liable orresponsible for the performance or nonperformance of such activities.
Depending on the nature of your subscription, you may be entitled to download certain Site Content, chapters or chapter-type content as indicated on the Site by a download link. Depending on the Site Content, you may or may not be limited to a specific number of downloads as designated on the Site's download page. These downloads can be printed or stored on your hard drive for your personal use only and must not be shared with others. You are authorized to use the downloads only during your paid subscription period and are required to delete and/or otherwise discard any Site Content you have downloaded from the Sites when your subscription to the Sites is no longer active.
Termination. Subject to the applicable Services Agreement, each of Skillsoft, its Customers and Resellers reserve the right, in their sole discretion, to terminate any User’s access to and use of the Sites or any part hereof. Any such termination may be effected without any prior notice. Further, neither Skillsoft nor its Customers or Resellers will be liable to you or any third-party for any termination of your access to the Sites.
No Warranties. EXCEPT AS OTHERWISE SET FORTH IN THE SERVICES AGREEMENT, THE SITES AND ALL THE CONTENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SKILLSOFT, ITS CUSTOMERS AND RESELLERS, AND THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. SKILLSOFT, ITS CUSTOMERS AND RESELLERS, AND THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, DO NOT WARRANT THAT THE SITES OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. SKILLSOFT, ITS CUSOMERS AND RESELLERS, AND THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THIRD PARTY CONTENT AND NO USER, CUSTOMER, OR RESELLER SHALL HAVE ANY REMEDY AGAINST SKILLSOFT WITH RESPECT TO THE SAME.
Limitation of Liability. IN NO EVENT SHALL SKILLSOFT, ITS CUSTOMERS AND RESELLERS, OR THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SITES, BE LIABLE TO ANY USER, ANYONE CLAIMING THROUGH ANY USER, OR ANY OTHER CUSTOMER OR RESELLER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITES OR SITE CONTENT, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE PERFORMANCE OR NON-PERFORMANCE OF SKILLSOFT OR THE SITES OR THE CONTENT ACCESSIBLE THROUGH THE SITES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS, CUSTOMERS, AND RESELLERS AGREE THAT THE LIABILITY OF SKILLSOFT, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE SITES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE,FIFTY DOLLARS ($50).
Special Notice to California Subscribers. As required by California Code Section 1789.3, this notice is to advise Users of the Sites that:
The Services are provided by Skillsoft Ireland Limited and SkillSoft Corporation located at 107 Northeastern Blvd., Nashua, NH 03062. For a description of current fees and charges for individual subscribers, please contact firstname.lastname@example.org. Skillsoft reserves the right to change the amount of any fee or charge and to institute new fees or charges.
If you have a complaint regarding the Sites or desire further information on your use of the Sites, please contact us: via e-mail at email@example.com, by telephone at (866) 754-5435, or by mail to: Skillsoft, Attn: Skillsoft Legal Department, 107 Northeastern Boulevard, Nashua, NH 03062.
Notices or questions pertaining to the Sites should be made via email to firstname.lastname@example.org , or by conventional mail to: Skillsoft, Attn: Skillsoft Legal Department, 107 Northeastern Boulevard, Nashua, NH 03062.
© 2012 SkillSoft Ireland Limited