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Terms Of Service

adaptauthoringtool.com

Terms of Service

The gist:

We (the team at Can Studios) run a hosted elearning authoring tool platform called AdaptAuthoringTool.com and would love for you to use it. AdaptAuthoringTool.com offers a free trial and paid plans for ongoing use. Our service is designed to give you as much control and ownership over what goes into your content as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your content.

If you find content on AdaptAuthoringTool.com that you believe violates these Terms of Service, please let us know..

(Note: we’ve decided to make these Terms of Service based on document shared under a Creative Commons Sharealike license by Automattic Inc, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you.  If you don’t mind Automattic Inc would appreciate a link to WordPress.com somewhere on your website.)

Terms of Service:

The following terms and conditions govern all use of the AdaptAuthoringTool.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Can Studios’ Privacy Policy) and procedures that may be published from time to time by Can Studios  (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Can Studios, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Some of our Services require a AdaptAuthoringTool.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. AdaptAuthoringTool.com.

  • Organisations. AdaptAuthoringTool.com allows users in the same organisation to work together to build and deliver elearning materials. Users in the same organisation may share content with each other allowing all to access the content as if it were their own. Each user in the organisation must have their own account on the system – accounts may not be shared between users.
  • Free Trials. AdaptAuthoringTool.com offers a free trial of our service. The free trial will last for 30 days during which time your organisation may use the product as if on a paid plan. At the end of your trial access to all user accounts in your trial will be suspended and we may (though we are not obliged to) keep you trial data for a limited time in case you wish to resume with a paid plan.
  • Your AdaptAuthoringTool.com Account. If you create an account on AdaptAuthoringTool.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Can Studios of any unauthorized uses of your your account, or any other breaches of security. Can Studios will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate an account, develop material on AdaptAuthoringTool.com, post links on AdaptAuthoringTool.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using AdaptAuthoringTool.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Can Studios for inclusion in your content, you grant Can Studios a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. If you delete Content, Can Studios will use reasonable efforts to remove it from AdaptAuthoringTool.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Can Studios has the right (though not the obligation) to, in Can Studios’ sole discretion,
  • (i) reclaim your username or website’s URL due to prolonged inactivity,
  • (ii) refuse or remove any content that, in Can Studios’ reasonable opinion, violates any Can Studios’  policy or is in any way harmful or objectionable,
  • or (iii) terminate or deny access to and use of AdaptAuthoringTool.com to any individual or entity for any reason. Can Studios will have no obligation to provide a refund of any amounts previously paid.
  • HTTPS. We offer free HTTPS on all AdaptAuthoringTool.com sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on AdaptAuthoringTool.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
  • Advertisements. Can Studios reserves the right to display advertisements for our own services on any domain or subdomain of AdaptAuthoringTool.com.
  • Attribution. Can Studios reserves the right to display attribution text or links in your site footer or toolbar, attributing AdaptAuthoringTool.com or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to a paid AdaptAuthoringTool.com account.
  • Payment and Renewal.
    • General Terms.  By continuing to use the services on AdapAuthoringTool.com after the duration of your free trial you agree to pay Can Studios  the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis from the day after your free trial ends  and will cover the use of that service for a monthly or annual subscription period as indicated.
    • Automatic Renewal. Unless you notify Can Studios before the end of the applicable subscription period that you want to cancel a paid service, your paid service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services  can be canceled at any time by written request from the account email address.

2. Responsibility of Visitors.

Can Studios has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Can Studios does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Can Studios disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which AdaptAuthoringTool.com links, and that link to AdaptAuthoringTool.com. Can Studios does not have any control over those non-AdaptAuthoringTool.com websites, and is not responsible for their contents or their use. By linking to a non-AdaptAuthoringTool.com website, Can Studios does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Can Studios disclaims any responsibility for any harm resulting from your use of non-AdaptAuthoringTool.com websites and webpages.

4. Copyright Infringement and DMCA Policy.

As Can Studios asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AdaptAuthoringTool.com violates your copyright, you are encouraged to notify Can Studios. Can Studios will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Can Studios will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Can Studios or others. In the case of such termination, Can Studios will have no obligation to provide a refund of any amounts previously paid to Can Studios.

5. Intellectual Property.

This Agreement does not transfer from Can Studios to you any Can Studios or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Can Studios. Can Studios, AdaptAuthoringTool.com, the Can Studios logo, and all other trademarks, service marks, graphics and logos used in connection with AdaptAuthoringTool.com or our Services, are trademarks or registered trademarks of Can Studios or Can Studios’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Can Studios or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

12. Termination.

Can Studios may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AdaptAuthoringTool.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties.

Our Services are provided “as is.” Can Studios and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Can Studios nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the UK

15. Limitation of Liability.

In no event will Can Studios, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Can Studios under this agreement during the twelve (12) month period prior to the cause of action. Can Studios shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Can Studios Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

18. UK Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable UK Sanctions. Such use is prohibited, and Can Studios reserve the right to terminate accounts or access of those in the event of a breach of this condition.

19. Indemnification.

You agree to indemnify and hold harmless Can Studios, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

20. Translation.

These Terms of Service were originally written in English (UK). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

21. Miscellaneous.

This Agreement constitutes the entire agreement between Can Studios and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Can Studios, or by the posting by Can Studios of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Can Studios may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

2016.05.22 New Document