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Skillport / Books24x7 Terms and Conditions of Use

Last Updated November 30, 2012

A pioneer in the learning field, Skillsoft provides cloud-based learning solutions for customers worldwide, including global enterprises, government, education, and small to mid-sized businesses. These terms and conditions, including the Privacy Policy and Cookie Statement http://www.skillport.com/skillport_privacy_policy.html which are incorporated herein by this reference, (collectively, the "Terms of Use") apply to the Skillport and Books24x7 learning programs and services (the "Services") and the online environments accessible through all domains and subdomains under skillport.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 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.

Ownership and Use of Material. The Sites are owned by Skillsoft and may be operated by Skillsoft or 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 Agreement and these Terms of Use. 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, corrupted files or that may damage the operation of the Sites or engage in any activity that circumvents any security features or otherwise interferes with or disrupts any features of the Sites, 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 on the Sites 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, or 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 the post. Any reliance on material from the Sites is at the User's own risk.

Take Down Procedure. Skillsoft or 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 Greg Porto by mail to 107 Northeastern Blvd., Nashua, NH 03062 or by telephone to (603) 821-3623. 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 the 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 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 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 or 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 or may not 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 reserve the right, in their sole discretion, to terminate any User's access to and use of the Sites or any part hereof. 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, 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 CUSOMERS 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 107 Northeastern Blvd., 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, Attn: Skillsoft Legal Department, 107 Northeastern Boulevard, 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; 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 conventional mail to: Skillsoft, Attn: Skillsoft Legal Department, 107 Northeastern Boulevard, Nashua, NH 03062.

2012 Skillsoft Ireland Limited


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