Ashworth College Community Site Terms and Conditions
The following Ashworth College Community Site Terms and Conditions of Use (“Terms and Conditions”) govern your use of Ashworth College’s Community Site (“Site”) which is owned by the Professional Career Development Institute (“PCDI”).The Site includes all the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site (the “Content”) as well as all of the features of the Site, such as social networking features, chat services, bulletin boards, message boards, blogs, wikis, and other forums (the “Forums”) and any other services available on or through the Web Site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to all of the provisions contained in these Terms and Conditions, do not access or use this Site. Anyone who registers with the Site shall be defined as a “Member” for the purposes of these Terms and Conditions.
Modification of these Terms and Conditions. Ashworth College may modify these Terms and Conditions from time to time in its sole discretion. Your continued access or use of the Site, Forums, Content or any materials or services on the Site, constitutes your acceptance of any changes. Your access and use of the Site, Forums and Content will be subject to the most current version of the Terms and Conditions, as well as any additional rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms and Conditions” link on the Site to view the most current terms.
2. CONTENT POSTED ON THE SITE
You are invited to post, transmit or submit Content to Forums in accordance with these Terms and Conditions. You are solely responsible for such Content. Ashworth College accepts no responsibility whatsoever in connection with or arising from such Content.
Ashworth College does not endorse and has no control over the Content submitted by users to Forums. Content submitted to Forums is not necessarily (but may be) reviewed by Ashworth College prior to posting and does not necessarily reflect the opinions or policies of Ashworth College. Ashworth College makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Ashworth College reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. Ashworth College may remove any form of cursing or profanity contained in the Content using a swear filter application.
Ashworth College reserves the right, but does not have an obligation, to monitor and/or review Content posted to the Site by users. If, at any time, in its sole discretion, Ashworth College or its designated Members choose to monitor the Forums, Ashworth College assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. In submitting Content to Forums, you agree to strictly limit yourself to constructive discussions about thesubject matter for which the Forums are intended and to refrain from using profanity or engaging in other offensive conduct as described in Section 5. You agree that Ashworth College shall not be liable for any reason whatsoever if Ashworth College prevents your Content from being submitted or if Ashworth College or its designated Members edit, restrict or removes your Content. By accessing and using the Site, you also agree to permit all users of this Site to access, view, store and reproduce the Content for their personal use and not to restrict or inhibit the use of this Site.
You agree to release Ashworth College, its parents, subsidiaries and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, Forums and Content. If at any time you are not happy with the Site or object to any material within the Site, Forums or Content, your sole remedy is to cease using or accessing the Site, Forums or Content.
3. PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
Content. By posting any Content to the Site, you hereby grant to Ashworth College a non-exclusive, royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify, and translate such Content in any media or by any means now or hereafter known. This license will survive any termination of these Terms and Conditions. You represent and warrant that:
(i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section,
(ii) your content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the Site.
Copyright Protection. All Content contained in the Site is protected by copyright, trademark and other industrial and intellectual property laws. Content shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of text, stills, audio, video footage, or any other Content contained on the Site is expressly prohibited unless the prior written consent of the owner of such Content is obtained.
Claims of Copyright Infringement. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send Ashworth College a notice requesting that the material be removed or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably sufficient to allow Ashworth College to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Ashworth College reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:
is obscene, patently offensive, or promotes racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
ii. Harasses or advocates harassment of another person;
iii. Contains nudity, violence, or offensive subject matter;
iv. Involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
v. Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. Exploits people in a sexual or violent manner;
vii. Solicits personal information from anyone who would be considered a minor;
viii. Provides any telephone number or street address, included in a Member profile;
ix. Violates the copyright, trademark, patent, industrial or other intellectual property rights of any other person;
x. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
xi. Includes confidential information about Ashworth College, such as, but not limited to, Ashworth College’s released or unreleased products, services, customers, business policies or practices, developments, inventions, processes, designs, marketing, business plans or finances that are not otherwise part of the public domain, without the prior written approval and consent of Ashworth College;
xii. Solicits passwords or personal information for commercial or unlawful purposes from users; or
xiii. Involves commercial activities and/or sales without Ashworth College’s prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Ashworth College reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. Any use by you of any other Member's information, personal or otherwise, for any commercial purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) through the Site. You may not transmit any chain letters or junk email to other Members. Although Ashworth College cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior written consent. In order to protect our Members from such advertising or solicitation, Ashworth College reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Ashworth College deems appropriate in its sole discretion;
ii.Any automated use of the system;
iii.Attempting to impersonate another Member or person, whether actual or fictitious, including impersonating an employee or consultant of Ashworth College;
iv.Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
v.Using an inappropriate Member name of any kind; or
vi.Selling or otherwise transferring your profile.
6. LINKED SITES AND ADVERTISING
In the event that Ashworth College determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Site, or Ashworth College learns that you have provided Ashworth College with false or misleading registration information, Ashworth College reserves the right to: (i) warn you via email (to any email address you have provided to Ashworth College) that you have violated these Terms and Conditions;
(ii) delete any or all Content provided by you or your agent(s) to the Site;
(iii) discontinue your registration(s) with the Site and/or any other Ashworth College community; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; and/or (v) take any other action which Ashworth College deems to be appropriate.
If your registration(s) with or ability to access the Site is discontinued by Ashworth College due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the community of the Site, then you agree that you shall not attempt to re-register with or access the Site or any other Ashworth College or Ashworth College- affiliated community site(s), through use of a different member name or otherwise.
8. DISCLAIMER OF LIABILITY AND WARRANTIES
While Ashworth College does its best to ensure the optimal performance of the Site, you agree that your use of the Site, Forums, Content and any other material contained in the Site is at your own risk. The Site, Content and all materials in the Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Ashworth College DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the Content and in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site will meet your requirements; or that the Site is accurate, error free or reliable. Ashworth College is not responsible for any errors, omissions, delays, inaccuracies, failures, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network, or for the results obtained from the use of any Content in the Site. Any Content in the Site is provided with the understanding that neither Ashworth College nor its Members, while such Members are participating in the Site, are engaged in rendering legal, medical, counseling or other professional services or advice. Ashworth College encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
You understand and agree that if you choose to download or obtain any Content or data through the use of the Site, you do so at your sole discretion and risk. You also understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content and/or data.
You acknowledge that Ashworth College is not liable for any defamatory, offensive or illegal conduct or Content found on or in connection with this Site.
You acknowledge that Ashworth College is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, whether foreseeable or not,
(i) in connection with or arising from your use or from your inability to use the Site or
(ii) which may result from the unavailability or malfunction of the Site.
You agree to defend, indemnify and hold harmless Ashworth College, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site; your breach or alleged breach of the Terms and Conditions; or your breach or alleged breach of any copyright, trademark, industrial property, intellectual property or other rights of third parties.
Severability. If any provision of these Terms and Conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the Terms and Conditions and the other provisions and the remaining part of that provision shall remain in full force and effect, provided that the essential bargained-for performance of the parties shall not thereby have been impaired.
Headings. The division of these Terms and Conditions into Articles and Sections and the insertion of headings and titles are for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions.
Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Assignment. Ashworth College may assign its rights and obligations under these Terms and Conditions and upon such assignment Ashworth College may be relieved of any further obligation hereunder.