Terms & Conditions

The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the eLearningIndustry.com website platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by ELEARNING INDUSTRY INC, with a business address 401 Ryland Street, Suite 200-A; Reno, NV 89502 and a mailing address 220 Sansome Street, Suite 900, San Francisco, CA 94104, e-mail [info@elearningindustry.com], (“eLearning Industry” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by eLearning Industry.

A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.

These T&Cs include the following sections:

  1. Platform general description
  2. Categories of Users
  3. User Registration with the Platform
  4. Specific provisions for Content hosted on the Platform
  5. General rules for User generated Content
  6. Legal nature of the Platform - Disclaimers – Limitation of Liability
  7. Notice & take down process – Report to competent authorities
  8. Intellectual Property
  9. Termination
  10. Confidentiality
  11. Indemnification
  12. Applicable Law and Jurisdiction
  13. Miscellaneous

1. Platform General Description

1.1 Welcome to the eLearning Industry Platform, the largest online community for the “eLearning industry” market, created as an informative, educational and knowledge-sharing platform targeted mainly to professionals with the aim to provide Content and Services to enable Users to:

1.1.1 access an online platform where Users can stay up to date with the latest industry news and technologies as well as have access to educational and informative material—including, for instance, the ability to read industry-related articles and eBooks; participate in webinars; find projects, events or job; and participate in other activities offered on the Platform;

1.1.2 share/post Content created by the Company

1.1.3 share/post free and sponsored third-party Content (i.e., Content not created by the Company, which is referred to as “User Generated Content”) to be hosted in the Platform related to the e-Learning market and industry;

1.1.4 connect with e-Learning market professionals and businesses;

1.1.5 receive promotional news and information;

1.1.6 promote products and services that are related to the e-Learning market and industry; and

1.1.7 have access to additional paid Services provided by the Platform (collectively, “Additional Services”), which Additional Services may be purchased under separate orders or agreements with the Company (Purchase T&Cs).

1.2 Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as “Content”):

1.2.1 eLearning Industry Content: The Platform hosts its own Content, including Articles, eBooks, Webinars and other items it creates.

1.2.2 Third party Content hosted on the Platform for free: The Platform hosts User Generated Content that is contributed by Registered Users (which User Generated Content is not controlled by the Company), which may include:

          • non promotional Articles;
          • free directory listings;
          • comments;
          • reviews; and
          • sales-qualified leads.

Free non-promotional Articles are Articles that include only generic informational Content as further described in article 4.1.2 below, that meets the criteria of articles 1.2.4. and 5 of the present terms and is not designed to promote the specific products or services of any specific party or business. Promotional articles are only hosted as sponsored paid Content (see below).

1.2.3 Third-party Sponsored Content: Sponsored Content is paid Content contributed by Registered Users that promotes (directly or indirectly) products and services of professionals and businesses operating in the e-Learning market and industry. Promotional Content is posted subject to payment of the relevant fees by Registered Users under the terms and conditions set forth in these T&Cs as well as additional terms and conditions applicable for the purchase of such Additional Services as set forth in the purchase terms (“Purchase T&Cs”).

Sponsored Content includes the following types of Content:

          • promotional Articles,
          • commissioned Articles,
          • promotional Directory listings,
          • Event advertisements,
          • Press Releases,
          • Job postings,
          • eBooks and
          • Webinars.

1.2.4 All User-Generated Content (either free or sponsored, collectively referred as “User Generated Content”) must contribute to and be consistent with the informative and educational nature of the Platform regarding the e-Learning market and must follow the general rules of article 5 below as well as any specific rules and guidelines provided in the Platform, including at the point of submission of the Content and/or the purchase of the related hosting Services. The Platform is not involved in any way in the creation of User Generated Content nor does the Company control or initiate User Generated Content. Unless otherwise provisioned in the applicable Terms and/or the Purchase T&Cs, the Company reserves the right (but is under no legal or statutory obligation) to conduct a preliminary review of such Content as provisioned in article 5.3. below and may refuse to post any Content that the Company determines violates or is against the rules or policies of the Platform and/or applicable law. In any case the Platform reserves the right to delete or suspend any Content when it comes to our attention (including but not limited further to a Takedown Notice described in article 7 below) that any Content violates any of our standards or these T&Cs. The Company’s policies aim at ensuring the Platform’s primary nature as an online community and a knowledge-sharing informative Platform of lawful Content for the eLearning market professionals.

1.2.5 Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.

2. Categories of Users

General Notes: The Platform’s Content is mainly targeted to professionals. Some parts of the Platform require a User to register and create a User Account in order to preliminarily verify the user’s professional status. Please note, however, that the Platform is not able (and is under no legal or statutory obligation) to confirm or warrant the professional status of any User nor of the correctness, accuracy and the truth of any User’s data. The registration process is used only as a basic verification mechanism to potentially discourage non-professional Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of the Platform as a professional knowledge sharing community and to promote the goals of the Platform.

Users can be divided into the following categories, depending on the Content they can access and/or contribute, as well as their purchase of Additional Services from the Platform:

2.1 Users: All Users visiting the Platform, can browse the Platform and have access to informative Content. Where the Content posted on the Platform is sponsored by contributors, we will identify that such Content is sponsored. All Users can access Articles, comments, reviews, Directory listings, Events, Press Releases and Job postings and they can also submit sales-qualified leads.

2.2 Registered Users: Registered Users are Users who register and create a User Account with the Platform in order to have access to more advanced informative and educational material as well as to be able to contribute Content to the Platform. Registered Users can:

2.1.1 obtain access to premium informative Content;

2.1.2 contribute/upload informative, non-marketing/non-promotional Content to the Platform for free,

2.1.3 download eBooks and Webinars hosted on the Platform;

2.1.4 submit Reviews; and

2.1.5 submit free Directory listings.

2.3 Clients: (“Client Users” or “Clients”) are Registered Users who purchase any of the Additional Services provided from the Platform from time to time as provisioned in the Purchase T&Cs.

3. User Registration with the Platform

3.1 To register with the Platform and create a User Account, a User may either:

3.1.1 register on-site, by filling in certain professional personal details (name and e-mail address); a User is then required to confirm registration by clicking on an activation link which is sent to the User at the email provided, for verification purposes; or

3.1.2 register via a profile on LinkedIn; Users who sign-up through LinkedIn are automatically activated, as it is considered that their email verification (double opt-in) has been already executed at the time of their registration in LinkedIn.

3.2 Upon registering to the Platform, a Registered User creates: i) a User Account, including the above mandatory professional personal data and ii) a User Profile where each registered User can provide any personal data it wishes to voluntarily provide. More specifically:

3.2.1 “User Account”: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.

3.2.2 “User Profile”: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users. However, note that for some actions it might be necessary to make the User Profile visible to other Users and reveal some User Profile data depending on the nature of the Content uploaded by the User (for example data necessary for Content reliability and attribution purposes).

3.3 (a) Where a Registered User is a legal entity, the natural person that opens the User Account on behalf of such Registered User warrants that he/she has the legal capacity and power to (i) act on behalf of and to represent the specific legal entity/Registered User, (ii) proceed with the registration of the User to the Platform and the creation of the User Account and the User Profile, (iii) accept the present Terms and Conditions and all other policy and informative documents in the Platform (including but not limited the warranties, declarations and assignments undertaken from time to time by the Registered Users) and (iv) provide orders (such as indicative purchase orders) and to make payments to the Platform on behalf of and in the name of the registered legal entity.

(b) Where a Registered User is a legal entity represented by another legal entity (i.e. a Marketing Agent or other agent—the “Agent”), the Agent acting through the natural person that creates the User Account and the User Profile on behalf of the Registered User-legal entity provides the same warranties and representations as above. The same warranties and representations apply in case an Agent acts on behalf of diverse legal entities and/or professionals through its (the Agent’s) Account.

In both a) and b) above, the legal entity registered as a Registered User and/or Client shall be responsible and liable towards the Company/Platform for all of the above as further provided in article 3.8 below.

3.4 Users understand and acknowledge that they should provide the Platform only with data and information that is true, accurate and updated, as well as lawfully acquired and to keep this data and information accurate, true and updated at all times (and make any changes/updates necessary by using the appropriate settings in their User Account and/or User Profile). The Platform does not necessarily audit nor verify any of the data provided. However, the Platform reserves the right (but is under no obligation) to ask for more information from the Registered User and/or to seek clarifications regarding specific information and/or to refuse registration and/or to suspend or delete any User Account and Profile if any violation of the above comes to the Company’s attention. In any event, Users agree to hold harmless and bear full responsibility for all damages accrued to the Company in case of violation of the above obligations. Other Users or third parties can submit a complaint with regard to untrue or fault third party data following the Notice and Take Down Process of article 7. Processing of User’s personal data is subject to the terms of our Privacy Policy.

3.5 The Platform reserves the right to refuse to open a User Account and/or to refuse any Content submitted by a Registered User, and/or to delete or suspend the User Account and the related User Profile if it comes to the attention of the Platform and/or if it is notified by a third party that the Registered User is not a professional and/or the User Account/Profile has fake or false or non-accurate data, at any time. Also, the Platform reserves the right to terminate the User Account as provided in article 9 below.

3.6 Account name and Password:

3.6.1 Registration on-site: If a User signs up on site in the Platform, his/her registered email shall automatically become the account name; the User can change it any time with another account name. This practically means that, to change his/her account name to the Platform, the User will also have to change the e-mail address or use another e-mail address. Τo complete the creation of the personal User Account, Platform shall automatically generate a default password and send it to the email address of the User. The User shall then enter the User’s User Account by activating the default password. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s email in order to change the password. The account name and password shall identify uniquely each User in the Platform.

3.6.2 Registration via LinkedIn: In case a User registers via his/her LinkedIn account, the name such User uses on LinkedIn will also appear as his/her Account name. In this case, where a User logs in using LinkedIn, the User will not select a new password, but will sign-in through LinkedIn. In case a User forgets his/her password, he/she must follow the password retrieval procedures of LinkedIn further to its (LinkedIn) applicable Terms and Conditions and processes. Otherwise access and use of his/her Account and Profile in the Platform will not be possible.

3.6.3 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such Use’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.

3.7 Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at support@elearningindustry.com, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. eLearning Industry will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User referred to in 3.4. above.

3.8 Deletion of a User Account:

3.8.1 If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may e-mail the Platform at support@elearningindustry.com with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, eLearning Industry will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article 9 below also apply.

3.8.2 A Registered User acknowledges that by submitting a request to delete the applicable User Account, eLearning Industry will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.

3.8.3 If a User has purchased Additional Services, the deletion of the User Account might not allow the execution or the continuance of some Additional Services, if in order to receive those Services it is necessary to have an active User Account. In this context, the Purchase T&Cs for the provision of Additional Service would apply as well, as provided in the purchase terms.

3.8.4 eLearning Industry reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, including but not limited to the provisions of article 9.4 below as well as the applicable overall Purchase T&Cs