Terms of Services

MyLearningcube Service is the Service of Bhavyam Infotech Services Pte Ltd which includes website of MyLearningcube. The following MyLearningcube Service Terms of Service is a legal contract between you and MyLearningcube Service regarding your use of the MyLearningcube Service, and the use of the MyLearningcube Service by your personnel. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE MyLearningcube SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT WITHOUT MODIFICATION, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY, TERMS OF PURCHASE, AND TERMS OF SALE, AND ANY ADDITIONAL POLICIES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE MyLearningcube SERVICE.

    Eligibility

    The MyLearningcube Service is not available to persons under the age of 18 unless the content provided specifically allows for viewership for persons below age 18 or to any users previously suspended or removed from the MyLearningcube Service by MyLearningcube Service. YOU HEREBY REPRESENT THAT SATISFY THE ABOVE CRITERIA. You hereby represent and warrant that you are (i) an authorized representative of the company, entity, or organization identified in your account submission (the "Subscriber"), with the authority to bind such organization to these terms, and that you agree to these terms on behalf of such subscribing organization, or (ii) an Authorized User (as defined below). References to "You" or "Subscriber" herein refer to (i) Subscriber's corporate entity, (ii) users accessing the MyLearningcube Service on behalf of Subscriber, and (iii) Authorized Users.

    • Permission to Access the MyLearningcube Service
    • Access to the MyLearningcube Service. Subject to full compliance with these Terms, including without limitation payment of any applicable Service Fees (as defined below), and solely as enabled through the use of the intended features of the MyLearningcube Service, MyLearningcube Service hereby grants Subscriber permission during the Term to use the MyLearningcube Service to (i) upload and distribute Your authorized content, including without limitation, videos, images, presentation materials, documents and other text, and any other files or materials you submit, provide, or post through the MyLearningcube Service ("Subscriber Submissions"), (ii) communicate with other users, including Authorized Users (as defined below), (iii) to access and configure your account settings and parameters, and list of Authorized Users, to (iv) access and view and (v) to access, view, and download or print a reasonable number of copies of content from the MyLearningcube Service, including analytics provided to You by MyLearningcube Service.
    • Account. Subscriber is solely responsible (i) for maintaining the confidentiality of account password(s); (ii) for restricting access to Subscriber's account; and (iii) for all activities that occur under Subscriber's account or password(s). If Subscriber has reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any applicable payment account), Subscriber shall immediately notify MyLearningcube Service. Subscriber may be liable for the losses incurred by MyLearningcube Service or others due to any unauthorized use of Subscriber's account on the MyLearningcube Service.
    • Trial Period. MyLearningcube Service may allow You to sign up for an initial promotional or trial account at a reduced fee or for no fee for a limited time period. In such a case, Your account on the MyLearningcube Service (and Your access to the MyLearningcube Service) will be discontinued upon the termination of the stated trial or promotional period, unless You have signed up for a full paid subscription prior to the end of the trial or promotional period.
    • Additional Policies. You acknowledge that use of the MyLearningcube Service is additionally subject to MyLearningcube Service's Privacy Policy, and any other posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (collectively, the "Policies"), which Policies are hereby incorporated into these Terms by reference.

      The MyLearningcube Service is comprised of the following elements:

      Server storage space, subject to applicable posted limits, where Subscriber can upload and store its proprietary content and bandwidth to enable display of your materials to Authorized Users (as defined below);

      • Online tools to enable authoring and configuration of Your content, including arranging materials you submit through the MyLearningcube Service into discrete presentations, called Presentations (as defined below);
      • Authentication systems to enable Subscriber to make Subscriber Submissions available to all users of the MyLearningcube Services, or to restrict access to Subscriber Submissions to certain authorized users, as specified by Subscriber and modified from time to time, including without limitation, any users that you may enable to access the Subscriber Submissions by use of embeddable Widgets (as defined below) (any such user the Subscriber grants access to its Subscriber Submissions, an "Authorized User");
      • Online tools to configure subscription levels;
      • Access to Subscriber Submissions and Presentations, both directly through the MyLearningcube Service as well as through an embeddable player and other widgets, as described below;
      • Online help tools and materials, as well as certain additional technical support services, by email and telephone, depending upon the subscription level, as described in more detail in the MyLearningcube Service Support Policy; and
      • Web analytics tools to track users, and user viewing hours.

      Fees

      • Fees. MyLearningcube Service charges subscription fees based on the amount of user hours of viewing time Subscriber wishes to enable, subject to posted minimums (the "Subscription Fees"). All fees charged are exclusive of any federal, state, municipal, or other taxes of any kind that may be levied on your use of the MyLearningcube Services, except for taxes charged on MyLearningcube Service's net income.
      • Modification to Subscription Level. You may change Your subscription level at any time by configuring the change through the MyLearningcube Service, and the change (including the application of the new Subscription Fees for the modified service level) will apply effective as of the first day of the following month. If You increase Your subscription level, You will have the benefit of the increased level during the month in which the change is made. Notwithstanding, if MyLearningcube Service determines or suspects misuse or abuse of these features to minimize or eliminate accrual of Service Fees, MyLearningcube Service may, in addition to any other remedies it may have at law or at equity, terminate or suspend Your account on the MyLearningcube Service.
      • Modification of Fees. MyLearningcube Service reserves the right to modify fees on a going-forward basis, including adding new fees and offering certain features to some or all users at discounted rates or free of charge, without liability to you. Fees will be charged based on MyLearningcube Service's then-current prices, which will be posted on the MyLearningcube Service 30 days in advance of the effective date. MyLearningcube Service will use reasonable efforts to notify Subscriber of material changes to Service Fees, and Subscriber may discontinue use of the Service in the event such fees are not acceptable. A current listing of MyLearningcube Service's fees is located at the MyLearningcube Service Pricing Page.
      • Method of Payment. MyLearningcube Service only accepts payments by credit card, as indicated in the applicable payment page, and such payments are processed by MyLearningcube Service's third party payment processor. Subscriber shall ensure that payment information provided to MyLearningcube Service is at all times current, complete and accurate, and notify MyLearningcube Service if Your account is changed or canceled (e.g., if it is compromised or deactivated), and agrees that MyLearningcube Service may charge the payment instrument You provide for any applicable Service Fees. If the charge fails, is declined, or if Your account is past due for any reason, MyLearningcube Service may collect fees owed using other collection mechanisms. Subscriber's account may be deactivated without notice if payment is past due, regardless of the dollar amount.
      • Timing of Payments. Subscription Fees are charged on the first day of the month according to the subscription levels configured by Subscriber in effect at that time. Subscription Fees for the first month of the subscription period are charged on a prorated basis, on the first of the following month, along with that month's payment.
      • Disputes; No Refunds. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO MyLearningcube SERVICE WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED. EXCEPT AS PROVIDED IN SECTION , ALL SERVICE FEES ARE NONREFUNDABLE.

      Modification of these Terms

      MyLearningcube Service reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, including the related Policies, at any time by posting the amended Terms to the MyLearningcube Service. Please check these Terms and any Policies periodically for changes. Your continued use of the MyLearningcube Service after the effective date of the change constitutes Your binding acceptance of such changes. In the event that such a change materially affects your rights or obligations hereunder, we will attempt to notify you of the change, such as by sending an email to the address we have on file for You, or by generating a popup or similar notification through the MyLearningcube Service. Amended Terms or fees will automatically be effective upon the earlier of (i) thirty (30) days after they are initially posted on the MyLearningcube Service, or (ii) Your use of the MyLearningcube Service with actual knowledge of the amendment; provided, however, that any dispute that arises under this Agreement shall be resolved according to the terms in place at the time the dispute arose. Additionally, MyLearningcube Service will notify You through the MyLearningcube Service's messaging system.

      • Term and Termination
      • Term. The term of these Terms shall commence on the Effective Date and continues until terminated in accordance with the terms hereof (collectively, the "Term").
      • Termination for Convenience. Either party may terminate the MyLearningcube Service for convenience at any time for any reason, provided however, that as to Subscriber, such termination will not be effective until the end of the then-current calendar month. Without limiting the generality of the foregoing, MyLearningcube Service may suspend and or terminate You account at any time for any actual or suspected misuse or abuse of the MyLearningcube Service, or Your breach of any of Your representations, warranties, covenants, or other obligations under these Terms.
      • Suspension. MyLearningcube Service reserves the right, in its sole discretion, to suspend Your right to access the MyLearningcube Service at any time and for any length of time. In the event and for the duration of any such suspension, You may be able to log in to Your account and access certain administrative functions, but You (and/or Your Authorized Users) may be restricted from any or all access to Your Subscriber Submissions and/or Presentations.
      • Repeat Infringers. As provided in these Terms, MyLearningcube Service does not permit copyright infringing activities on the MyLearningcube Service, and will terminate access to the MyLearningcube Service, and remove all Subscriber Submissions or other content submitted by any Subscriber or Authorized User who is found to be a repeat infringer.
      • Effect of Termination. Immediately upon termination, Your rights to access the MyLearningcube Service cease, and MyLearningcube Service may immediately cease making Your Subscriber Submissions and Presentations available to You and any other Authorized Users or other users, including through any Widget. In the event of a termination of this Agreement by MyLearningcube Service pursuant to Section , any Service Fees paid by Subscriber in respect of viewer hours subscribed to but not yet utilized shall be refunded to Subscriber within thirty (30) days of the cessation of the MyLearningcube Service. Any amounts then outstanding shall be due and payable upon the effective date of termination, and MyLearningcube Service reserves the right to charge Your payment instrument directly upon termination for any such outstanding Service Fees. In addition, MyLearningcube Service may offer, on a fee for service basis, engineering support services to Subscriber to facilitate the return to Subscriber of the Subscriber Submissions in unsynchronized form, but in no event will MyLearningcube Service release the synchronized Presentations to You.

      Subscriber Submissions License Grant; Representations and Warranties

      • License Grant to MyLearningcube Service. You retain all right, title and ownership to all intellectual property rights in original aspects of Your Subscriber Submissions. By submitting Subscriber Submissions to the MyLearningcube Service, You hereby grant to MyLearningcube Service a limited license to host, transfer, display, perform, reproduce, distribute, transmit, and modify Your Subscriber Submissions, solely in order to provide Your Subscriber Submissions to Authorized Users through the MyLearningcube Service. For clarity, the foregoing license includes the right to combine and process individual Subscriber Submissions along with Your other Subscriber Submissions, into larger collections comprising a single presentation (each, a "Presentation"), solely at Your direction through Your use of the MyLearningcube Service, and to make such uses of Presentations as can be made of Subscriber Submissions generally. You agree that, subject to Your rights in the underlying Subscriber Submissions, you do not gain any ownership rights in any Presentation, nor do you have any right to download, capture, or otherwise retrieve a copy of any Presentation, or reproduce or redistribute copies of any Presentation.
      • Additional License Grants. You grant MyLearningcube Service the right to use Your name and/or likeness and/or any names and/or likenesses that You submit in connection with Your Subscriber Submissions in connection with operating the MyLearningcube Service. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights with respect to Your Subscriber Submissions. You hereby grant MyLearningcube Service a worldwide, non-exclusive, license to publish, broadcast and use the name, picture, voice, likeness, and/or biographical information of any individual that You submit in connection with Your Subscriber Submissions solely for the purpose of operating and promoting the MyLearningcube Service.
      • Subscriber Submissions Representations and Warranties. You are solely responsible for Your User Submissions and the consequences of posting or publishing them. By uploading and publishing Your User Submissions, You affirm, represent, and warrant that: (1) You are the creator and owner of or have all the necessary licenses, rights, consents, and permissions to use and to authorize MyLearningcube Service to use and distribute Your Subscriber Submissions as necessary to exercise the licenses granted by You in this Agreement; (2) Your Subscriber Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) Your Subscriber Submissions do not contain unlawful, fraudulent, false or misleading instruction, information, or material, or advocate , any unlawful, fraudulent, or unethical activity; (4) You possess the knowledge and skill in the field that Your Subscriber Submissions focus on to provide meaningful instruction in such field; (5) Your Subscriber Submissions are not targeted at, intended for, or designed to appeal to, users under the age of thirteen (13); and (6) Your Subscriber Submissions do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of third-party rights may be subject to criminal and civil liability.
      • Subscriber Submissions Disclaimer. MyLearningcube Service is not responsible for the quality, accuracy, usefulness, or intellectual property rights of or relating to Subscriber Submissions and other content, and MyLearningcube Service makes no representation as to Your skill, knowledge, accreditation, credential, or expertise. MyLearningcube Service does not endorse Your Subscriber Submissions or any content, opinion, recommendation, or advice expressed therein, and MyLearningcube Service expressly disclaims any and all liability in connection with Subscriber Submissions and other content. If notified by a content owner of an Subscriber Submission or other content that allegedly does not conform to these Terms, MyLearningcube Service may investigate the allegation and determine in its sole discretion whether to remove the Subscriber Submission or other content, which it reserves the right to do at any time and without notice. For clarity, MyLearningcube Service does not permit copyright infringing activities on the MyLearningcube Service.

      Embeddable Player and Other Widgets

      MyLearningcube Service may supply certain "embeddable widgets", consisting of HTML code that enables You to expose certain features of the MyLearningcube Service through other web sites ("Widgets"), such as Your personal web site or social networks You subscribe to, including without limitation an embeddable player widget which allows You to enable access to Your Subscriber Submissions through Your own web site or third party web sites that allow inclusion of such widgets. Widgets are expressly a part of the MyLearningcube Service, and their use is governed by these Terms and any applicable associated guidelines. You may only embed Widgets on other web sites as originally provided to You by MyLearningcube Service without modification. You must ensure that any logos, branding and other visual interface elements are visible and unmodified. You may not use MyLearningcube Service Widgets in a way that might confuse third parties as to the source or origin of the Widget itself, or the source of the service or content that the Widget connects to and exposes. Further, Your rights with respect to what materials You may incorporate into third party services are governed by separate terms, which may prohibit the use of MyLearningcube Service Widgets. It is solely Your responsibility to determine whether such use is permitted by a particular third party provider, and You agree to indemnify and hold MyLearningcube Service harmless from any harms or liabilities arising in connection with Your use of Widgets on third party web sites.

      Ownership; Proprietary Rights

      The MyLearningcube Service is owned and operated by Bhavyam Infotech Services Pte Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the MyLearningcube Service provided by MyLearningcube Service (the "Materials") are protected by the relevant copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the MyLearningcube Service are the property of MyLearningcube Service or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MyLearningcube Service or its affiliates and/or third-party licensors. Except as expressly authorized by MyLearningcube Service, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. MyLearningcube Service reserves all rights not expressly granted in these Terms.

      Prohibited Conduct

      BY USING THE MyLearningcubeE SERVICE YOU AGREE NOT TO:

      • use the MyLearningcube Service for any purposes other than (i) to disseminate or receive original or appropriately licensed educational content or information, or (ii) to access the MyLearningcube Service as such services are offered by MyLearningcube Service;
      • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 9, above);
      • download, capture, or otherwise reproduce, distribute, or redistribute any content from the MyLearningcube Service (including without limitation any Presentations), except as expressly authorized herein.
      • post, upload, or distribute any Subscriber Submission or other content that is defamatory, libelous, inaccurate, unlawful (including in violation of any intellectual property or similar laws), or that a reasonable member of Your group of Authorized Users could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
      • post, upload, or distribute any Subscriber Submission or other content that is targeted at, intended for, or designed to appeal to, users under the age of eighteen (18) years old;
      • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MyLearningcube Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      • modify, adapt, translate or create derivative works based upon the MyLearningcube Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
      • interfere or attempt to interfere with the proper workings of the MyLearningcube Service or any activities conducted on the MyLearningcube Service;
      • upload or post any Subscriber Submissions that are encrypted, or otherwise unreadable or unviewable by MyLearningcube Service.

      Indemnification

      You agree to indemnify, save, and hold MyLearningcube Service, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the MyLearningcube Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein, including without limitation any claims (i) that Your Subscriber Submissions violate any intellectual property right or other proprietary right of a third party, or (ii) arising in connection with instruction or information You provide or any communication or contact with other users You initiate or engage in through the MyLearningcube Service, whether through Your Subscriber Submissions or through use of any communication feature of the MyLearningcube Service such as private messaging, chat, Office Hours, or otherwise. MyLearningcube Service shall use reasonable efforts to notify You of any such claim of which it becomes aware and shall be entitled to assume, at Your expense, the defense of any such claim. In the event that MyLearningcube Service allows You to conduct the defense of such claim, You shall not, without MyLearningcube Service's prior written consent, acquiesce to any judgment or enter into any settlement of such claim.