Terms Of Use

The https://www.mauthor.com web site (the "Site") is an eContent Authoring Tool & Development Platform provided in SaaS (Software as a Service) format by Learnetic SA, a company registered and existing under the laws of Poland registered in the National Court Register under KRS number 0000367973 (hereinafter referred to as “Learnetic”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU – ACTING AS AN END USER OF THIS SITE - AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

LEARNETIC MAY MODIFY THIS DOCUMENT (“Terms of Use”), AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED VERSION ON THE SITE. YOU AGREE TO REVIEW THIS TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

1. Copyright, Licenses and Idea Submissions

The Site is protected by international copyright and trademark laws. The owner of the Site and its copyrights and trademarks is Learnetic. You may access and use this Site on a basis of a separate agreement concluded between Learnetic and you or the organization, that enabled you access to the Site.

The Site, within the meaning of a software application is not licensed, therefore cannot be modified or decomposed. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH OR DISTRIBUTE, IN ANY MANNER, THE FUNCTIONAL ELEMENTS OF THE SITE, INCLUDING ITS SOURCE CODE AND/OR SOFTWARE.

You may print and download portions of the documentation materials from different areas of the Site for your legitimate use, provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You or the organization that enabled you access to the Site, hold exclusive rights to the eContent and other materials created by you with the use of the Site, and, therefore, you or such organization are entitled to use them for your commercial or non-commercial use.

TRADEMARKS.

mAuthor, mCourser, mLibro and other similar names referenced on the Site are the exclusive trademarks of Learnetic SA. Other, clearly indicated, products, services, technologies or company names, mentioned on the Site may be the trademarks of their respective legal owners.

2. Use of the Site

Your access to the Individual User Account of the Site is protected with your individual and unique Login and Password. You should not provide your Login and Password to any other person or third party. It is your sole responsibility to protect your Login and Password against unauthorized use.

You understand, that Learnetic cannot and does not guarantee or warrant that the files that you download through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means, external to the Site, for the backup and reconstruction of any lost data. Learnetic does not guarantee a backup of the eContent or other materials produced by You.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. LEARNETIC PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO YOUR PRODUCTS, SERVICES, OFFERINGS OR MERCHANDISE INFORMATION, AND LEARNETIC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY OF YOUR ACTIVITIES IN THIS REGARD. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND USEFULNESS OF THE SITE FUNTIONALITY AND INFORMATION PROVIDED THROUGH THE SITE FOR YOUR PRODUCS OR SERVICES. LEARNETIC DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE TERMS OF LEARNETIC’S OBLIGATONS IN THIS RESPECT ALONG WITH TECHNICAL SUPPORT AVAILABLE TO YOU ARE REGULATED BY A SEPARATE AGREEMENT BETWEEN YOU (OR THE ORGANISATION THAT ENABLED YOU ACCESS TO THE SITE) AND LEARNETIC.

LIMITATION OF LIABILITY

IN NO EVENT WILL LEARNETIC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PROVIDED OR DOWNLOADED FROM THE SITE. EVEN IF LEARNETIC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS CREATED WITHIN THE SITE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, LEARNETIC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3. Indemnification

You agree to indemnify, defend and hold harmless Learnetic, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of this Terms of Use (including negligent or wrongful conduct).

4. Miscellaneous

This Terms of Use shall be governed and construed in accordance with the laws of the country, in which Learentic is officially based. If not stated otherwise in a separate agreement concerning use of the Site and concluded between Learnetic and the organization, which enabled you access to the Site, you agree, that the general court in the country of Learnetic’s official residence, will be a competent jurisdiction in respect of any legal action or proceeding between Learnetic and you for any purpose concerning this Terms of Use.

Any legal action or claim you may pursue with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Learnetic's failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the you and Learnetic nor trade practice shall act to modify any provision of this Terms of Use.

Any rights not expressly granted herein are reserved or regulated in a separate agreement concerning use of the Site concluded between Learnetic and the organization, which enabled you access to the Site.

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