Terms of Service
The System means in this documents CourseGarden service provided by Coursegarden Inc.
Your Content in our Services
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. You retain copyright of the materials you upload to the site.
When you upload, submit, store, send or receive content to or through our Services, you give the System a worldwide license to host, store, reproduce, modify, communicate, publish and distribute such content acording to this Terms of Service.
The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
There are user settings that narrow or broaden the scope of other users can access and use the content submitted in the Services. Privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that CourseGarden Inc. can use such data in accordance with our privacy policies.
Content and use
The "Course Garden" site (https://*.coursegarden.com) is a cloud-hosted system that can only be used according to legal services, and limited to use only legal purposes.
You should not upload any content that contains a virus or that is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, then we will ask you to remove it. If you do not comply in a timely fashion, then we reserve the right to delete the content from your site and/or suspend your site.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify CourseGarden Inc. support immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in third parity cloud services. Since we launched our site, we have a high uptime record. We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.
We provide support online via email: for displayed plans. We strive to respond to support requests as soon as possible, but we do not guarantee a particular response time. If a critical bug is reported, we will dedicate our engineering resources to fix the bug as soon as commercially possible. We prioritize and fix non-critical bugs at our discretion. Under specific agreements additional support services are available, from our contracted partners.
We provide API access only for our contracted enterprise organizations. To protect our servers, we enforce a limiting rate on API access. We reserve the rate to block and/or cancel API access in order to protect the smooth functioning of our site.
We use industry best practices to protect the privacy and security of your data. If we detect a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.
We provide a 3 announced plans with 30 days free trial. You can pay for the plans on a monthly basis using a credit card. If we don't receive your payment when it is scheduled, you will receive a warning notice with instructions on how to address the issue. If the payment problem is not addressed within 2 months of receiving the payment warning notice, then we reserve the right to suspend your site instance until the outstanding payment is received.
Accounts may not be shared
TWe do not allow accounts to be shared by users. This is for a variety of reasons, including: (1) Security: It is hard for an organization to secure an account if more than one user shares the same login and password. And if an account is reported for inappropriate content, it would be very hard for us to take action against that account because it would no longer be associated with a particular user. (2) Pricing. We charge for our service partly based on the number of participant users. If a multiple user access our service via shared accounts, we would not be compensated fairly for the service that we provide.
Any subscriber account and service instance and the affected content may be deleted at our discretion without warning after that account have been not paid and abandoned for at least 3 moth.
CourseGarden Inc. is not responsible for any incorrect or inaccurate content posted on the CourseGarden web site or in connection with the CourseGarden features, whether caused by users of the CourseGarden features or by any of the equipment or programming associated with or utilized in the CourseGarden features. Profiles created and posted by members on the CourseGarden web site may contain links to other web sites. CourseGarden Inc. is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by CourseGarden Inc.. Inclusion of any linked web site on the CourseGarden features does not imply approval or endorsement of the linked web site by CourseGarden. When you access these third-party sites, you do so at your own risk. CourseGarden Inc. takes no responsibility for third party advertisements which are posted on this CourseGarden web site or through the CourseGarden features, nor does it take any responsibility for the goods or services provided by its advertisers. CourseGarden Inc. is not responsible for the conduct, whether online or offline, of any user of the CourseGarden features. CourseGarden Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. CourseGarden Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CourseGarden features or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the CourseGarden features. Under no circumstances shall CourseGarden Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the CourseGarden features, attendance at a CourseGarden Inc. event, from any content posted on or through the CourseGarden features, or from the conduct of any users of the CourseGarden features, whether online or offline. The CourseGarden features are provided "as-is" and as available and CourseGarden Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CourseGarden Inc. cannot guarantee and does not promise any specific results from use of the CourseGarden features.
In no event shall CourseGarden Inc. be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the CourseGarden site, even if CourseGarden Inc. has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, CourseGarden Inc. liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CourseGarden Inc. for the CourseGarden web site features during the last three months of membership.
If there is any dispute about or involving the CourseGarden features, you agree that the dispute shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal court of the United States located in the State of Delaware, City of Wilmington. Either CourseGarden Inc. or you may demand that any dispute between CourseGarden Inc. and you about or involving the CourseGarden features must be settled by arbitration utilizing the dispute resolution procedures, the foregoing shall not prevent CourseGarden Inc. from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold CourseGarden Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CourseGarden features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the CourseGarden web site or through the CourseGarden features causes CourseGarden Inc. to be liable to another.
This agreement is accepted upon your use of the CourseGarden web site or any of the CourseGarden features and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and CourseGarden Inc. regarding the use of the CourseGarden features. The failure of CourseGarden Inc. to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.