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Terms & Conditions on the Usage of
Website Content
Elearning-Avenue Web
Site Agreement
The Elearning-Avenue Web Site (the "Site") is an
online information service provided by Motion Edge Design
("Elearning-Avenue "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. Elearning-Avenue MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the
copyrights and trademarks are Elearning-Avenue, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from
the materials. You agree to grant to Elearning-Avenue a non-exclusive,
royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Elearning-Avenue
by all means and in any media now known or hereafter developed.
You also grant to Elearning-Avenue the right to use your name
in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against Elearning-Avenue for any alleged
or actual infringement or misappropriation of any proprietary
right in your communications to Elearning-Avenue.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or servicemarks
of Elearning-Avenue. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by Elearning-Avenue,
Elearning-Avenuedoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for
Elearning-Avenue- identified information, products or services,
all information, products and services offered through the
Site or on the Internet generally are offered by third parties,
that are not affiliated with Elearning-Avenue a. You also
understand that Elearning-Avenue cannot and does not guarantee
or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. Elearning-Avenue PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Elearning-Avenue
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. Elearning-Avenue DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS
IS AT YOUR RISK. Elearning-Avenue HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Elearning-Avenue BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Elearning-Avenue OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, Elearning-Avenue LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Elearning-Avenue makes no representations whatsoever about
any other web site which you may access through this one
or which may link to this Site. When you access a non-Elearning-Avenue
web site, please understand that it is independent from
Elearning-Avenue, and that Elearning-Avenue has no control
over the content on that web site. In addition, a link to
a Elearning-Avenue web site does not mean that Elearning-Avenue
endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
Elearning-Avenue, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of Elearning-Avenue
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of Malaysia applicable to agreements
made and to be performed in Malaysia. You agree that any legal
action or proceeding between Elearning-Avenue and you for
any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Malaysia . Any
cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action
is barred. Elearning-Avenue's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. Elearning-Avenue
may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2005 Elearning-Avenue ,All rights reserved.
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