Last Updated: 4th May 2017
The Services include, but are not limited to, a learning management system that entities and individuals (“Entities” and “Individuals”) may subscribe to and provide to their instructors and learners (“Instructors” and “Learners”) or use it as instructors or learners in connection with courses (each, a “Course”). LawSkills provides an account that enables a designated User to manage the Services, manage Learner and Instructor access to the Services, and provide general support on behalf of an Entity. “User” means any user of the Services, including Learners, and Instructors.
1. Use of the Services and Website: The Website, the Services, and the information and content made available (“Content”) by LawSkills on the Website are protected by copyright laws throughout the world. Subject to the Terms, LawSkills grants you a limited license to reproduce portions of the Website for the sole purpose of using the Services for your personal purposes or, in the event you are an Instructor, your educational purposes.
1.1 Application License: LawSkills may provide a mobile application (the “Application”) for use with the Services. Your use of the Application is governed by the End User License Agreement that accompanies the Application in the marketplace where you download it.
1.2 Certain Restrictions: The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, (b) you shall not use framing techniques to enclose any trademark, logo, on the Website; (c) you shall not use any metatags or other “hidden text” using LawSkills’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website. Any future release, update or other addition to the Website shall be subject to the Terms. LawSkills, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website terminates the licenses granted by LawSkills pursuant to the Terms.
2. Registration: In order to access certain features of the Website you must create an account (“Account”) by providing necessary information when registering (“Registration Data”) and accept the Terms.
2.1 Registration Data: In registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify LawSkills immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Website if you have been previously removed by LawSkills, or if you have been previously banned from the Website.
2.2 Necessary Equipment and Software: You must provide all equipment and software necessary to connect to the Website, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Website.
3. Responsibility for Content
3.1 Types of Content: You acknowledge that all Content, including the Website, is the sole responsibility of the party from whom such Content originated. This means that you, and not LawSkills, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Website (“Your Content”). Other Users of the Website, and not LawSkills, are similarly responsible for all Content such other Users Make Available through the Website (“User Content”).
3.2 No Obligation to Pre-Screen Content: You acknowledge that LawSkills has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although LawSkills reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, including the User Code of Conduct set forth in Section 4.4 hereof, and/or (3) otherwise creates liability for LawSkills.
4.1 LawSkills Properties: Except with respect to Your Content and User Content, you agree that LawSkills and its suppliers own all rights, title and interest in the LawSkills Properties. LawSkills’ name and other related graphics, logos, service marks and trade names used on or in connection with the LawSkills Properties are the trademarks of LawSkills and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the LawSkills Properties are the property of their respective owners.
4.2 Your Content: Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the LawSkills Properties. LawSkills does not claim ownership of Your Content. However, you grant LawSkills a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the LawSkills Properties. When you as a User post or publish Your Content on or in the LawSkills Properties, you represent that you have the authority to grant the aforementioned license to LawSkills. Please remember that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any area of the LawSkills Properties that is generally available to all Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
4.3 Your Account: Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in the LawSkills Properties, you hereby expressly recognize that when you submit content you may be identifiable by your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
4.4 User Code of Conduct: As a condition of use, you agree not to use the LawSkills Properties for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, content on the LawSkills Properties or on your profile that (i) encourages illegal activities, is fraudulent, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; (iv) contains obscene, vulgar, pornographic, or libelous material; (v) harms or impersonates others, including other Users; or (vi) advertises or sells a product or service. Do not reproduce content from your Course or other Learners unless expressedly stated by LawSkills. Do not share the solutions to assignments with others unless this is expressly authorized by the Instructors or LawSkills. Do not submit the work of others as your own work. Respect the privacy of other Users. Respect the diversity of opinions and cultures that will be presented by other Users. Do not attempt or engage in, any potentially harmful acts that are directed against the LawSkills Properties, including but not limited to violating or attempting to violate any security features of the LawSkills Properties, introducing viruses, worms, or similar harmful code into the LawSkills Properties, or interfering or attempting to interfere with use of the LawSkills Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the LawSkills Properties, or use network scanners such as Nessus, Nexpose, MetaSplot or other vulnerability assessment tools. If you believe that someone has violated this code of conduct, begin by notifying the Instructor of the Course or filling the ‘Report a Problem’ form provided in Help section of the Website. You can already email the issue to firstname.lastname@example.org.
4.5 Feedback: You agree that submission of any ideas, suggestions, documents, and/or proposals to LawSkills through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that LawSkills has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LawSkills a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the LawSkills Properties.
5. Investigations: LawSkills may, but is not obligated to, monitor or review the LawSkills Properties and Content at any time. Without limiting the foregoing, LawSkills shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. If LawSkills becomes aware of any possible violations by you of any provision of the Terms, LawSkills reserves the right to investigate such violations, and LawSkills may, at its sole discretion, terminate your license to use the LawSkills Properties, or change, alter or remove Your Content, in whole or in part.
6. Interactions with Other Users
6.1 User Responsibility: You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that LawSkills reserves the right, but has no obligation, to intercede in disputes among Users. You agree that LawSkills will not be responsible for any liabilities incurred as the result of such interaction.
6.2 Content Provided by Other Users: The LawSkills Properties may contain User Content provided by other Users. LawSkills is not responsible for and does not control User Content. LawSkills has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
7. Third-Party Websites
The LawSkills Properties may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the LawSkills Properties and are subject to separate terms and conditions or privacy policies. Such Third-Party Websites are not under the control of LawSkills. LawSkills is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
8. Indemnification: You agree to indemnify, defend, and hold LawSkills, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “LawSkills Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the LawSkills Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. LawSkills reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LawSkills in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the LawSkills Properties.
9. Disclaimer of Warranties: You expressly understand and agree that to the extent permitted by applicable law, your use of the LawSkills properties is at your sole risk, and the LawSkills properties are provided on an “as is” and “as available” basis, with all faults. LawSkills parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. LawSkills parties make no warranty, representation or condition that: (1) the LawSkills properties will meet your requirements; (2) your use of the LawSkills properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the LawSkills properties will be accurate or reliable; or (4) any errors in the LawSkills properties will be corrected. Any content downloaded from or otherwise accessed through the LawSkills properties is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system and any device you use to access the LawSkills properties, or any other loss that results from accessing such content. The services may be subject to delays, cancellations and other disruptions. LawSkills makes no warranty, representation or condition with respect to the services, including but not limited to, the quality, effectiveness, reputation and other characteristics of the services. No advice or information, whether oral or written, obtained from LawSkills or through the LawSkills properties will create any warranty not expressly made herein. LawSkills provides translation to some courses. The translations have been carried out by domain experts. LawSkills will not be responsible for any error in the translation. In case of conflict, the English version will prevail.
10. Limitation of Liability
10.1 User Content: LawSkills parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalization settings, and you are advised to back up all user content.
10.2 No Liability for Conduct of Third Parties or Other Users: You acknowledge and agree that LawSkills parties are not liable, and you agree not to seek to hold LawSkills parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. You are solely responsible for all of your communications and interactions with other users of the LawSkills properties. You understand that LawSkills does not make any attempt to verify the statements of users of the LawSkills properties.
11. Procedure for Making Claims of Copyright Infringement: It is LawSkills’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to LawSkills by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the LawSkills Properties in a way that constitutes copyright infringement, please provide the following information to email@example.com: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the LawSkills Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12. Term and Termination
12.1 Term: The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the LawSkills Properties, unless terminated earlier in accordance with the Terms.
12.2 Termination of Services by LawSkills: If you have breached any provision of the Terms, or if LawSkills is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), LawSkills has the right to suspend or terminate any Services provided to you or to delete any of Your Content. You agree that all terminations for cause shall be made in LawSkills’s sole discretion and that LawSkills shall not be liable to you or any third-party for any termination of your Account. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also may include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
13. General Provisions
13.1 Electronic Communications: The communications between you and LawSkills use electronic means, whether you visit the LawSkills Properties or send LawSkills e-mails, or whether LawSkills posts notices on the LawSkills Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from LawSkills in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LawSkills provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.
13.2 Release: Subject to 10.1 above, you hereby release LawSkills Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the LawSkills Properties.
13.3 Assignment: The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LawSkills’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. LawSkills may assign its rights and obligations under these Terms to a third party without your consent.
13.4 Force Majeure: LawSkills shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.5 Governing Law; Competent Court: The Terms, and any dispute or claim arising out of or in connection with it (including any dispute or claim relating to non-contractual obligations), shall be governed by, and construed in accordance with existing laws in India. The courts in Delhi shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms (including any non-contractual disputes or claims).
13.6 Notice: Where LawSkills requires that you provide an e-mail address to access certain features of the LawSkills Properties, you are responsible for providing LawSkills with your most current e-mail address. In the event that the last e-mail address you provided to LawSkills is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, LawSkills’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
13.7 Waiver: Any waiver or failure by LawSkills to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 Severability: If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.9 Entire Agreement: The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.