Skillport / Percipio / Books24x7 Terms of Use
Last Updated September 05, 2017
Skillsoft is the global leader in eLearning. We train more
professionals than any other company and we are trusted by the world's
leading organizations, including 65 percent of the Fortune 500. At
Skillsoft, our mission is to build beautiful technology and engaging
content.
These terms and conditions, including the Privacy Policy and Cookie Statement which
are incorporated herein by this reference, (collectively, the “Terms of
Use”) apply to the Skillport, Percipio, and Books24x7 learning programs
and services (the “Services”) and the online environments accessible
through all domains and subdomains under skillport.com, percipio.com,
and books24x7.com as well as sites set up by Skillsoft for Customers and
Resellers to deliver the Services (collectively, the “Sites”).
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, www.percipio.com,
or www.books24x7.com, which are public, informational web sites
designed to provide additional information about the Services.
We may update these Terms of Use from time to time to reflect
new practices or technologies that impact use of the Sites. We
recommend that you review these Terms of Use on a routine basis to view
any changes. The date of the last revision or update appears at the top
under the title. BY USING THE SITES, YOU ARE AGREEING TO THESE TERMS OF
USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE
SITES.
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.”
Our Role with Respect to the Customer and Users
.
In some cases, the Sites and related Services are provided to each User
pursuant to a written agreement either directly between Skillsoft and
the individual User or through an agreement between Skillsoft and a
Customer or Reseller of Skillsoft, where the Customer or Reseller in
turn makes the Services and Sites available to individual Users
authorized by the Customer or Reseller (collectively "Services
Agreement"). The applicable Services Agreement will control to the
extent any of its provisions conflicts with any of these Terms of Use.
Access to and use of the Sites, including the content,
features, and any microsites, blogs, discussion groups, and other
interactive or online forums for User-generated content or
communication, including without limitation inGenius (“Internet Forums”)
that are a part of the Sites, are subject to both these Terms of Use
and the applicable Service Agreement.
SkillsoftFamily.Percipio.com Users.
SkillsoftFamily.Percipio.com permits eligible employees of Skillsoft
and its affiliates and subsidiaries, to register as Users of eligible
Services and provide access to members of these Users’ family (e.g.,
adults and children) to the Services. BY REGISTERING AND CONTINUTING TO
USE SKILLSOFTFAMILY.PERCIPIO.COM, YOU ARE AGREEING TO THESE TERMS OF
USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN DO NOT USE
SKILLSOFTFAMILY.PERCIPIO.COM. SkillsoftFamily.Percipio.com is for
personal, non-commercial use and any other use not specified herein is
strictly prohibited. User accounts created for
SkillsoftFamily.Percipio.com are non-transferable and terminable
according to these terms and conditions and/or the termination of an
employee’s employment with Skillsoft. The organizer for a family must be
an adult and must be a parent or legal guardian of any minor. Further,
if you are under 18 years of age, you may visit, browse and use the
information on the Sites and/or provided by the Services, but you may
not submit any personal information to the Site. Further, if you are
under age 13, your parent or guardian must provide consent to your use
of the Sites or Services.
Ownership and Use of Material
.
The Sites are owned by Skillsoft and may be operated by Skillsoft, 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.
Links
. The Sites,
and any content posted to Internet Forums, may contain links to third
party websites, including website(s) of a Customer or Reseller, which
are governed by the terms of use and privacy polices of their owners and
operators (“Linked Sites”). Linked Sites are not under the control of
Skillsoft and Skillsoft and its Customers and Resellers are not
responsible for the contents thereof. These links are provided only as a
convenience, and inclusion of a link does not imply endorsement of the
Linked Site by Skillsoft, its Customers, or Resellers, or any
association with its operators. Skillsoft and its Customers and
Resellers are not responsible or liable for any damage or loss caused by
or in connection with use of or reliance on any content, goods, or
services available on or through any Linked Site.
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:
- Reproduce,
retransmit, publish, display, distribute, disseminate, sell, license,
sublicense, transfer, rent, lease, broadcast, timeshare, loan, disclose,
or otherwise make available the Sites, the Site Content, or any part
thereof, to any third party.
- Modify,
translate, adapt, alter, reverse engineer, or create derivative works
based upon the Sites, the Site Content, or any part thereof.
- Post or
communicate any material that is unlawful, harmful, threatening, vulgar,
indecent, obscene, defamatory, profane, libelous, harassing, abusive,
embarrassing, disparaging, tortuous, infringing, fraudulent, deceptive,
hateful, sexually explicit, racially or ethnically objectionable, or
otherwise objectionable or encouraging of conduct that would constitute a
criminal offense or give rise to civil liability.
- Post or
communicate any material that violates the privacy or publicity rights
of another individual, or post, communicate, or collect information
about other individuals, including personal information and images,
without their consent.
- Post or
communicate any material that would violate any copyright, intellectual
property right, or any other right of any entity or individual. Before
posting or quoting any content that is owned or protected by a third
party under intellectual property laws, a User must obtain all necessary
consents or permissions from the owner of the protected content.
- Post or
transmit materials that contain viruses, malicious code, or corrupted
files, or that may damage the operation of the Site or engage in any
activity that circumvents any security features or otherwise interferes
with or disrupts any features of the Site, which includes, but is not
limited to, the use of web robots, crawlers, wanderers, and spiders or
any product, browser, or browser feature that significantly accelerates
the speed of page downloads, such as NetJet, NetSonic, MSIE Crawler, or
Teleport-Pro.
- Advertise, solicit, or offer to sell or buy any goods or services for any business or commercial purpose.
- Conduct or
forward surveys, contests, pyramid schemes, chain letters, junk mail,
spam, phishing, or unsolicited mass communication distribution.
- Remove any proprietary notices, labels, trademarks, or service marks from the Site or any part thereof.
- Violate any applicable laws or regulations, or promote or encourage illegal activity.
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, 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 a post. Any reliance on material from the Sites
is at the User’s own risk.
Take Down Procedure
.
Skillsoft, 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 to Skillsoft Legal Department by mail to
300 Innovative Way, Suite 201, Nashua, NH 03062 or by telephone at
(603) 324 3000. 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:
- A description of the copyrighted work that you claim has been infringed;
- A link to the infringing material or description of where such material is located on the Site(s);
- Information that permits us to contact you, such as your address, telephone number, or e-mail address;
- A statement by
you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or applicable law;
- A statement by
you, made under penalty of perjury, that the information in your notice
is accurate and that you are the copyright owner or are authorized to
act on the copyright owner's behalf.
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.
Although Skillsoft, its Customers, and Resellers are not
responsible for any User-generated content, communications, or the
conduct of Users participating in Internet Forums, any of Skillsoft, its
Customers, or Resellers may take down, terminate, suspend, or take
other necessary action regarding any such content, communications, or
conduct at any time if it is made aware of content, communications, or
conduct that is unlawful, would constitute a criminal offense or give
rise to civil liability, or violates these Terms of Use
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 nor its
Customers or Resellers will be liable or responsible for the performance
or nonperformance of such activities.
No Obligation to Monitor
.
Except to the extent specifically set forth in the applicable Services
Agreement, neither Skillsoft nor its Customers or Resellers have an
obligation to monitor any Internet Forum or Site, including for the
purposes of removing material that is illegal, inaccurate, offensive, or
inappropriate, or material which otherwise violates these Terms of Use.
Notwithstanding the foregoing, subject to the applicable Services
Agreement, Skillsoft and its Customers and Resellers reserve the right
to monitor use of the Sites at any time.
User Responsibilities for Use of the Sites and Site Content Downloads
.
Users are each given a unique user name and password that enable access
to a Site. You are solely responsible for the use of your user name and
password. You may not share, disclose, or transfer your password with
or to any third party. If you believe that the security of your password
has been breached, you must promptly notify Skillsoft, or the Customer
or Reseller that administers your Site, of the breach. Skillsoft, the
Customer, or Reseller, as applicable, will then cancel that password and
issue you a new password. You are responsible for ensuring that all use
of the Sites under your user name and password complies with these
Terms of Use, and you agree to indemnify and hold Skillsoft, its
Customers, and Resellers, and their affiliates, subsidiaries, directors,
agents, and employees, and third parties associated with the Sites,
harmless against any damages, costs, or expenses arising out of your
improper use of the Sites and the use by others of the Sites under your
user name and password. Skillsoft and its Customers and Resellers
reserve the right to cancel your password, and thereby your access to
the Sites, at any time without refund if you fail to comply with these
Terms of Use or if any of Skillsoft, its Customers, or Resellers, in
their sole discretion, deem your conduct in connection with your use of
the Sites to be unacceptable.
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 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 reserves the right, in their sole discretion,
to terminate any User’s access to and use of the Sites or any part
thereof. 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, AND 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 CUSTOMERS, 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 300 Innovative Way, Suite 201, Nashua,
NH 03062. For a description of current fees and charges for individual
subscribers, please contact support@skillsoft.com. 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 support@skillsoft.com,
by telephone at (866) 754-5435, or by mail to: Skillsoft Corporation,
Attn: Legal Department, 300 Innovative Way, Suite 201, Nashua, NH 03062.
Governing Law
.
These Terms of Use shall be governed by the laws of: the state of New
Hampshire if accessed inside North America (excluding Canada); the laws
of Singapore if accessed within the Asia Pacific region; the laws of
England and Wales if accessed in the European Union; or the laws of New
Brunswick if accessed in Canada. If access is obtained in any other
country than the ones set forth herein, governing law shall default to
the laws of the State of New Hampshire in the United States. If any
provision of these Terms of Use is not enforceable, it will be severed
from the Terms of Use and the remainder will remain in full force and
effect.
Notices or questions pertaining to the Sites should be made via email to support@skillsoft.com , or by mail to: Skillsoft Corporation, Attn: Legal Department, 300 Innovative Way, Suite 201, Nashua, NH 03062