Last modified: January 30, 2019
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL TERMS PROVIDED BY US. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
These Terms are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time upon seven (7) days’ notice to you. You acknowledge and agree that it is your responsibility to review this Service and these Terms and to familiarize yourself with any modifications. Your continued use of this Service after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms; however, for any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon your acceptance of such modified Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.
As used in these Terms:
“Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service and/or its services.
"Clients" includes university, corporate, business, enterprise or individuals involved in purchasing this Service and/or its services for another party's use.
"Class/Classes" (or class) includes online and offline classes that are hosted by Class Host. This can be in the form of virtual class, or in-person class.
“Colearners” (or Colearner) includes individuals who have signed up to use the Service to acquire new knowledge through a class
“Class Host” (or Host) includes any individuals who delivers a class to colearners.
"Colearning space" includes any physical space used to host a Class
“Users” means any person who uses the Service.
"Subscription" includes any form of packages that are modelled to charge a User a set price for the stated recurring duration, Users are obligated to read the sales terms and cancellation policy before committing to a Subscription contract.
2. OVERVIEW OF OUR SERVICE
NewCampus is an online school that provides classes for individuals to learn about the latest technology and industry. A class is hosted virtually by a trained and verified Class Host. A class runs between 45 minutes to 90 minutes, depending on the type of class.
3. ELECTRONIC SIGNATURE
By creating an account on the Service (an “Account”) and clicking to accept upon registration, you have agreed to these Terms digitally. This is effective on the date that you created an Account, and you acknowledge that you are able to access and review the Terms.
4. NewCampus ACCOUNTS
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have obtained consent from a legal guardian to use the Service; (c) you have not been previously suspended or terminated from using the Service; and (d) your registration and your use of the Service is in compliance with all applicable laws and regulations. Users may only create one NewCampus Account on the Service, and may not request other individuals to register new Accounts on their behalf, unless prior permission is obtained in writing from NewCampus.
Users are able to create a profile on the Service (“Profile”), in which they may describe their education and work history, experience, and other information. All NewCampus Profile will be available for the public, you can send us an email at email@example.com to remove your profile from the public. By creating a Profile, you agree to give an accurate, current and true representation of your business offerings or needs to other Users of the Service. Any information disclosed in a Profile is considered User Content (as defined below) for purposes of these Terms.
When you register for an Account, you may be required to provide us with some contact information about yourself, such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password, and you accept responsibility for all activities that occur under your account. If you share your login information with other people, and do not otherwise contact us to report a security breach of your account, we will assume that any User accessing the Service with your login information has the ability to act on your behalf, including connecting with other Users and processing payments. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
If you notice any suspicious activity on your Account, you should contact NewCampus immediately to alert us of this activity.
4.4 Closing an Account
If you would like to close your Account, you can deactivate your Account at any time by emailing email@example.com. Due to tax and legal requirements, we do not destroy or delete data that is needed for government records and reporting. To access the Service again, you may reactivate your Account by emailing firstname.lastname@example.org. Users must not use this feature to open multiple Accounts. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.
5. USER CONTENT
5.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including information on their Profile, messages, Reviews (as defined below), References (as defined below), photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. Users retain copyright and any other proprietary rights that they may hold in the User Content that they post to the Service.
5.2 Reviews & References
Colearners and Hosts have the opportunity to provide reviews about each other on the Service (“Reviews”), which for purposes of these Terms, will be considered User Content. NewCampus is not responsible for any User Content, nor does NewCampus endorse Users of the Service. Users acknowledge that any content they post in the form of Reviews is at their own risk. NewCampus does not edit or remove Reviews. Reviews can only be edited by the User who left the Review.
Users can also request references from non-Users and Users of the Service (“References”). References can be added and deleted by Users.
5.3 Limited License Grant to NewCampus
By posting or publishing User Content, you grant NewCampus a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Service.
5.4 Limited License Grant to Other Users
By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
5.5 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
5.5.1 you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize NewCampus and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by NewCampus, the Service, and these Terms; and
5.5.2 your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause NewCampus to violate any law or regulation.
5.6 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. NewCampus may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against NewCampus with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, NewCampus does not permit copyright-infringing activities on the Service.
6. NewCampus Class Content
6.1 Class outline and class plans
Any class outline and plans produced by a Host is owned by NewCampus, the production of any class outline and plans may involve NewCampus, or it can be fully produced by an host but verified by NewCampus.
NewCampus reserves the right to use the class outline and plans as materials to create future classes. References will be cited where necessary when available.
6.2 Content generated by an class for the purpose of delivering a class
Ownership of any content generated by a Host for the purpose of a class will be owned by the Host. NewCampus is under no obligation to edit or control NewCampus ("Class Content") that a Host or other users post or publish, and will not be in any way responsible or liable for NewCampus Class Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against NewCampus with respect to NewCampus Class Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that NewCampus Class Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the NewCampus Class Content, which we reserve the right to do at any time and without notice. For clarity, NewCampus does not permit copyright-infringing activities on the Service.
6.3 Recording of NewCampus Class
NewCampus records each class for research, curation, promotion and security purpose. NewCampus will not redistribute the recording of classes for any sales purposes other than what the content was originally intended for.
7.1 Relationship between Hosts and Colearners
Hosts and Colearners may use the Service to build personal relationships outside of a class. NewCampus is not involved in the agreement of any ("additional terms") (if any exist) that a Host and Colearner might get into, and is not a party to these additional terms.
7.2 Relationship between Users and NewCampus
Users, including Hosts, Colearners and Clients accessing the Service, recognize, acknowledge, and agree that they are not an employee of NewCampus. No partnership or employment relationship between NewCampus and Users can be construed by these Terms. No agency relationship exists between NewCampus and a User, and as such, Users are not authorized to represent NewCampus as their agent.
NewCampus does not oversee, supervise, monitor, train, or manage Hosts, nor does NewCampus determine the hours or schedules of a Host, or the manner in which their work is performed.
NewCampus does not perform background checks on Users. While the Service allows Users to leave Reviews and add References, NewCampus is not responsible for this content nor does NewCampus endorse Users of the Service.
NewCampus is not responsible for withholding taxes for the Users, and it is the responsibility of each User to file and comply with any local, state, or federal tax laws in their jurisdiction.
8. NON-CIRCUMVENTION OF THE SERVICE
By using the Service, Clients, Hosts and Colearners agree to use NewCampus to connect through NewCampus Classes. Clients, Hosts and Colearners acknowledge that NewCampus earns the subscription fee a Colearner pays to get access to book classes hosted by Class Hosts. Clients, Hosts and Colearners agree not to take any action, directly or indirectly, to circumvent these fees. If it has come to your attention that a User solicits payment outside the Service, you agree to notify NewCampus immediately by sending an email to email@example.com.
By way of illustration, and not in limitation of the foregoing, you must not:
● Solicit parties identified through the Service for employment opportunities, paid-work, or any reasonable form of service that is identical to what a User would have originally been involved in through NewCampus.
● Accept proposals or solicit parties identified through the Service to contact, deliver services, invoice, or receive payment outside the Service.
Any agreement or attempted agreement between Users in connection with a service contract, requiring that payment be made outside of the Service constitutes a material breach of these Terms. If both Users initially connected through the Service, NewCampus will terminate a User’s access to and use of the Service (without limiting any additional remedies NewCampus may have) if such User is found to be in breach of these Terms.
9. TERMINATION OF SERVICE
NewCampus reserves the right to terminate a User from the Service, at any time, for any reason, including Users who violate these Terms. If any illegal or fraudulent activity is suspected, Users acknowledge that NewCampus may contact the relevant officials and law enforcement agencies. Users acknowledge that NewCampus may discontinue the Service, or any part thereof, with or without notice. You acknowledge that NewCampus is not liable to you or any third party for any termination of service. We also reserve the right to modify the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
10. RESTRICTIONS ON USE
Modification of NewCampus's content is a violation of the copyrights and other proprietary rights of NewCampus or its subsidiaries.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of NewCampus or its subsidiaries suppliers or Affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with the consent of NewCampus, and you acknowledge that you have no ownership rights in and to any of such items. You will not use any trademarks, trade names, service marks, copyrights, or logos of NewCampus or its subsidiaries in unsolicited mailings or spam material.
BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Service and information contained therein to construct a database of any kind;
- Store the content contained in the Service, in its entirety or in any part, in databases for access or distribution by you or any third party;
- Demand or receive payments without the intention of receiving or providing any services in exchange for the payment;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Express a preference in any User Content for, or unlawfully discriminate on the basis of, race, religion, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender identity or gender expression, age, sexual orientation, military or veteran status, or any other classes protected by applicable law;
- Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or
- Attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.
11. THIRD-PARTY SERVICES AND LINKED WEBSITES
NewCampus may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on NewCampus with an account on the third party service, such as LinkedIn or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
12. OWNERSHIP; PROPRIETARY RIGHTS
The Service is owned and operated by NewCampus. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by NewCampus are protected by intellectual property and other laws. All Materials included in the Service are the property of NewCampus or our third-party licensors. Except as expressly authorized by NewCampus, you may not make use of the Materials. NewCampus reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant NewCampus an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
14. DISCLAIMER OF WARRANTIES
USE OF THIS SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. NEWCAMPUS AND ITS EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS (TOGETHER, THE “NEWCAMPUS ENTITIES”) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. THE NEWCAMPUS ENTITIES DO NOT WARRANT THE QUALITY OR ACCURACY OF ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED UNDER ANY JOB AGREEMENT AND DOES NOT WARRANT THAT ANY SUCH DELIVERABLES AND SERVICES WILL BE PROVIDED AND/OR RENDERED IN A TIMELY OR PROFESSIONAL MANNER. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL TERMS ARE BETWEEN HOSTS, CLIENTS AND COLEARNERS ONLY, AND THAT THE NEWCAMPUS ENTITIES ARE NOT PARTIES TO ANY ADDITIONAL TERMS. THE NEWCAMPUS ENTITIES OFFER A PLATFORM TO CONNECT HOSTS AND COLEARNERS ONLY AND WILL TAKE NO RESPONSIBILITY FOR ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED IN CONNECTION WITH ANY ADDITIONAL TERMS, OR FOR ANY BREACH OF ANY ADDITIONAL TERMS.
WITHOUT LIMITATION, THE NEWCAMPUS ENTITIES MAKES NO WARRANTY OR GUARANTEE THAT THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL NEWCAMPUS ENTITIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, THIS SERVICE OR ANY USE OF THIS SERVICE, OR OF ANY SERVICE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF NEWCAMPUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
THE AGGREGATE LIABILITY OF THE NEWCAMPUS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO NEWCAMPUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND NEWCAMPUS UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEWCAMPUS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. INDEMNIFICATION & RELEASE
You agree to release, indemnify and hold the NewCampus Entities harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. All Users acknowledge that they have been advised to consult with legal counsel and that they are familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the releasee. Users, being aware of said principle, agree to expressly waive any rights they may have to that effect, as well as under any other statute or common law principles of similar effect.
16.1 Professional Risk & Indemnity
NewCampus hereby releases all Clients, its agents, officers, students, and employees ("Client Entities") from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage, or injury, that may be sustained by NewCampus, its agents, officers, and employees, resulting from the participation by Client Entities in a NewCampus Class.
NewCampus hereby agrees to indemnify Clients Entities from any claim made or loss it may suffer in the future as a result of the participation of a NewCampus Class.
NewCampus hereby agrees to indemnify all Clients Entities from any claim made or loss it may suffer in the future relating to any claim by a third-party participating in NewCampus Class.
18. GOVERNING LAW
These Terms are governed by the laws of the Republic of Singapore without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and NewCampus agree to submit to the personal and exclusive jurisdiction of the legal courts located within Republic of Singapore, for the purpose of litigating any dispute. We operate the Service from our offices in Singapore, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
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