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Jul 21, 2024 18:23:19
Terms of Use

Zumo Software Inc. ("Zumo") provides the Course Communication Network ("CCNet") subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice.

You may not access CCNet of you are not over 13 years old.

By accessing CCNet, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use CCNet.

1. CCNet

CCNet is an Internet based course management software package. Each user of CCNet has his or her CCNet Home Page ("Home Page"). Access to user content is organized by means of CCNet Course Websites ("Course Websites"). Many of the CCNet menus are customizable and therefore CCNet may be used for communication purposes by other groups.

In order to use CCNet, you must have access to the Internet.

Zumo may add, change or eliminate features, and make other changes at any time. All such changes will be automatically subject to these TOU.

You acknowledge and agree that CCNet is provided "AS IS" and that Zumo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information.

You understand and agree that CCNet may include advertisements and these advertisements are necessary for Zumo to provide CCNet. You also understand and agree that the CCNet may include certain communications from Zumo, including service announcements and administrative messages, and that these communications are considered part of CCNet, and you will not be able to opt out of receiving them.

2. Registration Obligations

To use CCNet, you need to register and create a CCNet ID and a password. Your CCNet ID and password will allow you to access your Home Page. You may create only 1 (one) CCNet ID for yourself and you may not transfer your CCNet ID to another person. In consideration of your use of CCNet, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update your data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zumo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zumo has the right to suspend or terminate your CCNet ID and refuse any and all current or future use of CCNet.

You are solely responsible for maintaining the confidentiality of your password. Zumo's corporate head office is in Canada. However, upon registration you implicitly consent that the personal information you have provided may be transferred and stored in other countries.

You are responsible for all activities, charges, and liabilities associated with your Home Page. You must immediately notify Zumo of any unauthorized use of your Home Page, and you are responsible for any unauthorized charges made from your Home Page.

Ensure that you logout at the end of each session and close the Internet browser you were using. Zumo cannot and will not be responsible for any loss or damage arising from your failure to do so.

3. Privacy Policy

We are committed to maintaining your privacy and the information you provide during the registration process will be used only for customer service, network management, and as may be required by law. Zumo will make every effort to protect your privacy. However, from time to time, Zumo staff may need to access all material stored on the CCNet server both for administrative purposed and to insure that CCNet is not used for other than authorized activity. In the event that you are a minor, Zumo reserves the right to provide access to your Home Page to your parents, guardian or other authorized adult, upon such adult's request.

4. Continuance of use

If you are enjoying free CCNet service, you are responsible for using your Home Page at least once every thirty (30) days. Zumo may delete free Home Pages that have been inactive for thirty (30) days or more.

If you are using paid premium service, you are responsible for using your Home Page at least once every year (366 days). Zumo may delete paid primium Home Pages that have been inactive for one year (366 days) or more.

Course Websites that have not been used for one year (366 days) will be deleted.

5. Pricing

All prices are stated in US Dollars, and are exclusive of taxes. Any applicable taxes are your responsibility.

5. User Content

Any Content that you upload to the CCNet server or otherwise make available through CCNet ("User Content") is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner of this User Content has granted Zumo a perpetual royalty-free, non-exclusive right and license to store and distribute on your behalf this User Content. Furthermore, by uploading or otherwise making available User Content, you automatically grant and/or warrant that the owner of this User Content has granted any other user of CCNet with access to this User Content a perpetual royalty-free, non-exclusive right and license to access, view, store, reproduce and distribute on your behalf this User Content.

6. Copyright

You acknowledge that CCNet websites and all of the underlying software/technology used ("CCNet Content") are provided by Zumo or third-party providers and are the copyrighted works of Zumo and/or such third parties. You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, or in any manner commercially exploit any part of the CCNet Content, in whole or in part. You may not store any significant portion of any CCNet Content in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any CCNet Content on any other server.

7. Links

Some links posted on CCNet websites may lead to sites operated by independent site owners. Zumo has no control over these sites, and is not responsible for such sites' accessibility and does not endorse products, services, or information provided by such sites. As such, Zumo 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 the use or reliance on any goods or services available on or through any such sites. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Zumo and the linked sites. Zumo is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Zumo would be responsible for the actions of their respective owners.

8. Conduct

You may only access the CCNet websites for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the CCNet websites. You agree that you will not: (i) use CCNet to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from or to any country; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use CCNet; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use CCNet; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the CCNet software or CCNet servers or networks connected to the servers, or disobey any requirements, procedures, policies, or regulations of networks connected to the servers; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of CCNet, the use of CCNet websites or access to CCNet websites; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that CCNet does not pre-screen User Content, but that Zumo shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content. Without limiting the foregoing, Zumo has the right to remove any User Content or CourseSite that violates the TOU or is otherwise objectionable. You agree and acknowledge that Zumo may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Zumo, its users and the public.

9. Backups

Zumo performs nightly backups of all CCNet databases except for handouts. The backups are available for thirty (30) days on Course Websites. However, computer systems are known to fail from time to time and therefore Zumo cannot take responsibility for user content stored on our server. For you protection all User Content may be conveniently downloaded and we encourage users to frequently take advantage of this facility.

10. Disclaimer of Warranty

Zumo is not responsible for any information or content contained within any Course Website and makes no representations about the suitability of the information contained in any course site for any purpose or audience or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, completeness, etc. All such information is solely provided by third parties or other users of the course sites.

You agree that your access to the Course Websites, and your use of CCNet is at your own risk. Neither Zumo, nor its officers, directors, employees, affiliates, or agents warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of CCNet or User Content or as to the accuracy, reliability, suitability of User Content.

The CCNet software is provided on an "as is", "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event will Zumo or its directors, officers, employees, affiliates, or agents be liable to you or any third party for any incidental, indirect, special, or consequential damages (even if Zumo has been advised of the possibility of such damages), arising out of your use of or inability to access CCNet or Course Websites, including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to files. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions Zumo's liability is limited to the greatest extent permitted by law.

Nothing in these TOU shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from fraud by Zumo.

11. Indemnification

You agree to indemnify and hold Zumo, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through CCNet, your use of CCNet, your connection to CCNet, or your breach of the TOU.

12. Trademark Notice

CCNet, the CCNet logo, and the unique layout of menus are the trademarks, service marks, trade dress, and logos of Zumo.

13. Modifications to the Service

Zumo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the use of Home Pages and Course Websites (or any part thereof) with or without notice. You agree that Zumo will not be liable to you or to any third party for any modification, suspension, or discontinuance of these services.

14. Termination

You may discontinue your access to CCNet at any time. The TOU will continue to apply to all past use of the CCNet by you, even if you are no longer using them. You acknowledge and agree that Zumo and its affiliates may terminate or block your use of all or part of CCNet, without prior notice for any reason, including, without limitation, if Zumo believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on CCNet and may bar your access to the CCNet websites.

15. General

By accessing the CCNet websites, you agree to the above stated TOU. This Agreement is deemed to be entered into in Toronto, Ontario, Canada. Each party to this TOU submits to the exclusive jurisdiction of Toronto, Ontario, Canada, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within CCNet constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to

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