The following terms and conditions (“TOS”) govern all use of the vividcontentlab.com website (“Website”) and all content, services and products available at or through the Website (“Services”). The Website is owned and operated by Adam Red (“Publisher”). 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 and procedures that may be published from time to time on this site by Vivid Content Lab for Adam Red.
Please read the TOS carefully before accessing our Website or using our Services. By accessing or using any part of the Website, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access the Website or use any Services.
2. Your Vivid Content Lab Account
A member account (“Account”) is the area in our Website, which is accessible via a password and contains personal information regarding the user. If you create an Account on the Website, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify Vivid Content Lab at email@example.com of any unauthorized uses of your Account or any other breaches of security. Vivid Content Lab 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. Registration of a user requires the user to provide a valid e-mail address for the communication between Vivid Content Lab and the user along with a valid name, amongst other information required pursuant to Section 5 below.
3. Responsibility of Website Visitors
Vivid Content Lab cannot review all of the material posted on the Website and cannot therefore be responsible for that material’s content, use of effects. By operating the Website, Vivid Content Lab does not represent or imply that it endorses the material posted there, 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. The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Vivid Content Lab disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which vividcontentlab.com links, and that link to vividcontentlab.com. Vivid Content Lab does not have any control over those third party websites or webpages and is not responsible for their contents of their use. By linking to a non-eLearning website or webpage, Vivid Content Lab does not represent or imply that it endorses such websites or webpages.
The purpose of the Website is to create an online community of professionals involved in Vivid Content Lab who would like to publish and/or have access to content on the Website.
Content published on Vivid Content Lab is accessible by all visitors. However, certain Vivid Content Lab features and services may require registration. Users may register (“sign-up”) on-site at https://vividcontentlab.com/register or Facebook. Upon signing-up, an Account is created for the user. Users who sign-up on-site are required to confirm their registration by clicking on an activation link which is sent to them via email. Users who sign-up through Facebook are automatically activated. All active user accounts have the capability to write Reviews and download eBooks. Users can gain more capabilities by going through appropriate processes (for example, purchasing a PR pack that will give them the capability to write a certain number of Press Releases; or submitting an LMS directory listing that will allow them to set up a PPC campaign for it).
Users are required to provide part or all of the following information below, depending on the features or services they wish to access (some of which may be automatically retrieved directly from Facebook):
- First and last name
- Email address
- Company name, size, industry, state and country
- Job title, focus, and level
- Work phone
Vivid Content Lab reserves the right to reject any registration request at its sole discretion.
Once Vivid Content Lab receives your registration application, it will create an Account for you on our Website and will e-mail you a link to activate your Account. Once you access the link, you will be asked to enter a password and accept these TOU. Once you complete activation, you will be able to create your profile (“Profile”).
Each Account is personal and non-transferable. Your rights and obligations to Vivid Content Lab are also non-transferable. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify Vivid Content Lab at firstname.lastname@example.org regarding any unauthorized uses of your Account or any other breaches of security. Vivid Content Lab 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.
b) Posting Content
To prevent fraud and abuse, users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Vivid Content Lab community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.
c) Pay Per Click
6. Responsibilities Pertaining to Posts and Content
a) Users may submit content (including, press releases, directory listings, jobs postings, events, and articles) related to the following topics:
- eLearning and instructional design best practices
- eLearning Industry news
- eLearning Demos
- eLearning problems and how you solve them
- Personal experience with educational technologies such as LMS and authoring tools
- eLearning – related events
- eLearning – related press releases
- eLearning – company/product directory listings.
- job listings
Posts may be shared at the following social media: LinkedIn, Facebook, Twitter and Google+. Users must be the copyright owners of their content. Users may publish their content in their own blogs, websites and social media only after posting them at Vivid Content Lab. Vivid Content Lab shall not accept previously published articles. Vivid Content Lab shall not accept articles that have a solely promotional purpose. Authors or submitters of articles are not entitled to compensation, and shall not be paid. After articles are accepted by Vivid Content Lab, users may be featured as Vivid Content Lab bloggers.
b) Responsibility & Rights of eLearning Industry
Vivid Content Lab is not responsible for:
- The quality or legality of posts or content;
- The truthfulness or accuracy of the information published by the user;
- The infringement of any intellectual property rights by the user.
However, Vivid Content Lab has the right to:
- Publish all or part of content of the posts for commercial means on third – party websites;
- Edit the content of the posts;
- Send special offers to its registered members;
- Send newsletters to its registered members;
- Use the information and data from its registered members within its eLearning ecosystem which includes:
- Promote the eLearning ecosystem to its registered members.
You understand and agree that we retain all rights not to publish your posting if we determine at our sole discretion that it does not fulfill Vivid Content Lab’s requirements and standards.
c) Responsibility of the User
The user submitting the content posted on the Website must either own it or be lawfully allowed to post it. The user warrants that the content posted or submitted for posting does not violate the intellectual property rights of any third party.
d) Non-permitted Use of our Services
The following actions/activities are not permitted on our Website:
- Adult services & pornography: Vivid Content Lab does not allow any exchange of adult oriented or pornographic materials and services;
- Inappropriate behavior & language: Communication on our Website should be friendly, constructive, and professional. Vivid Content Lab condemns bullying, harassment, and hate speech towards others;
- Phishing & spam: Vivid Content Lab takes its users’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another user’s account or computer environment is strictly prohibited. Please respect our users’ privacy by not contacting them for commercial purposes without their consent;
- Content: You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:
- infringes any third party right or violates any law or contractual duty;
- You know is false, misleading, untruthful, unlawful, threatening, abusive, harassing, defamatory, fraudulent, pornographic, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other harmful computer codes, files, or programs;
- includes anyone’s identification documents or sensitive financial information;
- otherwise interferes with the Services.
Vivid Content Lab shall have the right to terminate any Services offered to you, as well as your Account, and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions above.
- Fraud / unlawful use – You may not use our Website for any unlawful purposes or to conduct illegal activities;
- Targeted abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users on our Website. This includes creating new multiple accounts;
- Selling accounts: You may not buy or sell Vivid Content Lab Accounts;
- You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Furthermore, when using our Website, you shall not:
- take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- interfere with the proper working of the Services we provide or any activities conducted on the Services;
- attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
- run any form of auto-responder or ‘spam’ on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
- harvest or scrape any content from the Services;
- otherwise take any action in violation of our guidelines and policies;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Services;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- act in such a way that the Services are damaged, interrupted or made less efficient;
- manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
7. Payment Information
Access to and registration on the Website are free. We do not provide compensation to users for their posts. We may require payment though from users for posting press releases, events, and other speical postings; and for users using our PPC service. We currently do not require payment for postings of other content but Vivid Content Lab reserves the right to charge for this service in the future.
When payment is required, a description of the plans that are available to purchase will be provided. You agree that in order to purchase one of these plans you need to be a registered user of our Website.
We use a third-party payment processor (the “Payment Processor”) to bill users. The processing of payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our TOS. We are not responsible for error or delays by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable purchase plan. You further authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. The Payment Processor may collect your credit card information as well as other personal information to process the payment.
Vivid Content Lab does not collect nor store your credit card information.
Users are obligated to pay any taxes, charges and VAT in accordance with applicable legislation.
Users purchase, among other services, the option to post content on our Website. Users may purchase a number of available content webpages in a specific amount of time pursuant to a purchase plan. If you use all your available content webpages before the expiration of your purchase plan, Vivid Content Lab shall notify you without charging you an additional fee. If you do not use all your available content webpages before the expiration of your purchase plan, the remaining available webpages are not transferred to your renewed purchase plan. You may also cancel your subscription via your Account settings at any time. You acknowledge and agree that you shall be responsible for renewing your subscription following the expiration date of your purchase plan, and you are solely liable for any disruptions to your activities or services should you fail to renew your subscription in a timely manner.
Vivid Content Lab provides refunds to the users who request it by notifying us at email@example.com and provided that you make this request within 30 days from the date of purchase of the plan.
8. Disclaimer of Warranties/Limitation of Liability
The Website is provided “as is”. Vivid Content Lab disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, eLearning Industry disclaims any warranties for viruses and other harmful components in connection with the Website.
VIVID CONTENT LAB DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVID CONTENT LAB OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VIVID CONTENT LAB, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL VIVID CONTENT LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIVID CONTENT LAB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIVID CONTENT LAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT IS POSTED ON ITS WEBSITE AS WELL AS FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO CONDUCT BUSINESS PROPERLY OF USERS.
VIVID CONTENT LAB IS NOT RESPONSIBLE FOR THE INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, INFORMATION OR USERS’ CONTENT THAT IS POSTED ON THE WEBSITE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. Confidentiality / Non-disclosure
As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOS. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOS. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
You agree to indemnify and hold harmless eLearning Industry, 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 the Website, including but not limited to your violation of the TOS.
11. Copyright Infringement
As Vivid Content Lab 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 Vivid Content Lab violates your copyright, you are encouraged to notify Vivid Content Lab. Vivid Content Lab will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Vivid Content Lab 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 Vivid Content Lab or others.
12. Intellectual Property
The TOS do not transfer from Vivid Content Lab to you any Vivid Content Lab or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vivid Content Lab. Vivid Content Lab, theVivid Content Lab logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Vivid Content Lab or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vivid Content Lab or third-party trademarks.
13. Assignment & Modifications
Vivid Content Lab reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent ofVivid Content Lab. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
Vivid Content Lab reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website following the posting of any changes to the TOS constitutes acceptance of those changes. Vivid Content Lab may also, in the future offer new services and/or features through the Website. Such new features and/or services shall be subject to the TOS.
Vivid Content Lab may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Website or e-mail us at firstname.lastname@example.org with a request to cancel your Account. Notwithstanding the foregoing, Vivid Content Lab can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from Vivid Content Lab’s notice to you thereof; provided that, Vivid Content Lab can terminate the Website immediately as part of a general shut down of our Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Applicable Law
The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with Vivid Content Lab in the TOS. The validity and interpretation of these TOS shall be governed by the laws of the state of Georgia, without regard to Georgia’s choice of law principles.
Any dispute arising under this Agreement shall be resolved by arbitration by a single Arbitrator in Atlanta, Georgia in accordance with the then current rules of the American Arbitration Association. In the event that any party fails to submit any dispute arising from this agreement to mediation first, or fails to meaningfully participate in mediation, that party will not be entitled to attorney’s fees as provided in this paragraph. Any judgment upon the award entered by the arbitrator may be entered in any Court having jurisdiction. Costs of arbitration, including reasonable attorney’s fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney’s fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
- This Agreement constitutes the entire agreement between Vivid Content Lab and you concerning the subject matter hereof.
- 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.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.