These Terms of Service apply to this website. This site is owned by ChalkPort Pty Ltd, referred to below as 'we', 'us' or 'our'.
Your participation in and use of the site (the "Service") is conditional upon your acceptance of the terms and conditions contained in this Agreement. If you do not agree to this Agreement, please do not use the Service. We reserve the right, in our discretion, to change or modify all or any part of this Agreement at any time. Such changes or modifications shall be effective immediately upon notice published on the site.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. You understand and agree that the Service is provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
You acknowledge that the Service contains Content that is protected by copyright, trademark or our other proprietary rights. In addition, the Service contains information, software and other Content provided by third parties that is protected by copyright, trademark or other proprietary rights of such parties.
We hereby grant you a non-exclusive, non-transferable license to use the Content, provided that you:
Your correspondence or business dealings with, or participation in promotions of, course providers, advertisers and sponsors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
You own the rights to your own Content that you post to the Service. However, you hereby grant to us the perpetual, non-exclusive, transferable, royalty-free license to edit, modify, copy, publish, distribute, translate and otherwise use any Content (including any courses created by you) that you place on the Service, in any medium, and to sublicense such right to third parties. You hereby represent and warrant that you are authorised to grant all rights set forth in the preceding sentence.
You shall not upload to, or distribute or otherwise publish through, the Service any Content (including any courses created by you) that:
We reserve the right to reject, delete, move or edit any Content we deem unacceptable without prior notice. You shall remain solely responsible for all Content posted by you. We shall have the right, but not the obligation, to correct any errors or omissions in any Content, as we may determine is our sole discretion.
The Service may contain links to sites on the Internet that are owned and operated by third parties ("External Sites"). You acknowledge that we are not responsible for the availability of, or the Content, products, and services located on or through, any External Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any External Site.
We reserve the right to change the amount of any fee or charge for the Service or to institute new fees or charges.
You agree to indemnify, defend and hold our company and its officers, directors, owners, agents, Content providers, affiliates and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
The information on this site is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that we are not engaged in rendering legal, accounting, medical or other professional services.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any violation of this Agreement without prior notice or liability.
We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or Content, without prior notice or liability.
We do not warrant that the Service will be uninterrupted or error-free; nor do we, or any third party Content provider or their respective agents, make any warranty as to the results to be obtained from use of the Service or the Content. Neither we nor third party Content providers or their respective agents, make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Service, any Content or any products or services sold through the Service.
We shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use the Service.
This Agreement shall be construed in accordance with the laws of the State of Queensland, Australia.
YOU USE INFORMATION FROM THE CHALKPORT SOFTWARE SUBSCRIPTION SERVICES AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CHALKPORT OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY LOSS OF OR DAMAGE TO PROPERTY, LOSS OF INCOME OR PROFIT, FAILURE TO ACHIEVE REDUCTIONS IN COSTS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY ANY COMPUTER VIRUS OR WORM, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CHALKPORT SHALL NOT BE RESPONSIBLE FOR ANY DECISION MADE BY YOU OR ACTION TAKEN BY YOU IN RELIANCE UPON ANY CONTENT, NOR FOR ANY CLAIMS BY THIRD PARTIES, NOR FOR ANY OTHER LOSSES OF ANY KIND OR CHARACTER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CHALKPORT SOFTWARE SUBSCRIPTION SERVICES , EVEN IF CHALKPORT OR AN AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO CHALKPORT FOR ACCESSING THE CHALKPORT SOFTWARE SUBSCRIPTION SERVICES .
These Terms, and your account with ChalkPort, are effective until terminated by either party. You may terminate your account at any time, following provision of 30 days written notice. ChalkPort may terminate or temporarily suspend your access to the ChalkPort Software Subscription Services, immediately and without notice, for conduct that it determines, in its sole discretion, to violate these Terms, or is harmful to ChalkPort, to other subscribers, or impinges on its ability to provide quality services in any way, or non-payment.
Upon termination, you may no longer access the ChalkPort Software Subscription Services. In addition, we may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by any subscriber or by any third party resulting in whole or in part from our exercise of our rights under these Terms.
If your account is cancelled, you agree not to sign up with ChalkPort again, under the same or different names or e-mail addresses, unless you receive express written permission from ChalkPort.
You agree to indemnify and hold ChalkPort and its respective directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, settlements and expenses, including reasonable attorneys' fees, arising from breach of these Terms or from any act or omission relating to use of or access to the ChalkPort Software Subscription Services by you.
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
To read the general terms and conditions governing all agreements with ChalkPort, please click the link below.
General Terms and Conditions
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