TERMS AND CONDITIONS OF USE
Last updated: April 1st, 2009
Welcome to Red Grove, a web-based application aimed at offering companies or individuals an online tool allowing them to create and share courses, tests, quizzes, exercises and documents of several formats (colletively the “Content”). RedGrove has been created, designed and is managed by Red Dog Communications SA.
All use of this web site and information distributed in conjunction with this Site is offered to you conditioned upon your acceptance, without modification, of these Terms and Conditions of Use. These Terms and Conditions of Use, as modified or amended from time to time, are a binding contract between Red Dog Communications SA and You . Your use of this Site or any content presented in any and all areas of the Site indicates your acknowledgement and agreement to be bound by these Terms and Conditions, including but limited to the Privay Policy, whether you are a visitor (simply browse the Site) or a “Member” or “Instructor” (meaning you registered with RedGrove) . Please read the Terms and Conditions relating to your use of the site carefully. You are only authorized to use this Site if you agree to abide by all apllicable laws and regulations.
You affirm that you are able and competent to enter into the terms and to abide by and comply with these Terms and Conditions of Use.
POSTING CONTENT ON THE SITE; PROHIBITED CONTENT
To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You agree to provide accurate current and complete information during the registration process, when contributing Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to be liable for any Content posted using your Account and for any transactions associated with your Account. You agree and acknowledge that your Account is non-transferable and non-assignable.
By displaying or publishing ("posting") any Content on the Site you warrant and represent that:
(a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission from each person including consent from parents or guardians for any individual under the age of eighteen (18) who appears and/or is heard in your Content to grant the rights to Red Dog described herein; (c your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Red Dog.
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be:
(i) untrue, misleading, harmful,harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, or racially, ethnically or otherwise objectionable, or which in any way constitutes or encourages conduct that would constitute a criminal offense or violation of any law; (ii)infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (iii) unsolicited, undisclosed or unauthorized advertising; (iv) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (v) in violation of any applicable national or international law, regulation, or statute.
Red Dog reserves its right, but not the obligation, to refuse or transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate. Red Dog has no obligation to monitor transmissions or postings made on the Site, but it does have the right to monitor these transmissions and postings for violations of these Terms and disclose, block or remove them in case of notification of infringment.
USE OF THE SITE; PROHIBITED CONDUCT
The purpose of the Site is to provide access to a knowledge database and to offer companies and individuals an online tool allowing them to create and share courses, tests, quizzes, exercises and documents of several formats. Content is accessible either for free or after payment of a fee as stated for each Content on the Site. You can have access to the part of the Site database that provides you with essential information describing each document. Access to the full document through payement requires for you to register on the site.
The Content may be owned by Red Dog or may be provided through an arrangement it has with others. The Content is protected by copyright under both Luxembourg law and foreign laws. You have no rights in or to the Content (unless You are the original author of the Content), and you will not use the Content except as permitted under these Terms and as specified in your account type ( advanced, premium or corporate). No other use is permitted without prior written consent from Red Dog or the original author. You must retain all copyright and other proprietary notices contained in the original Content on any authorized copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The Content and documents are for your personal use only and may not be used in connection with any commercial endeavors.
You agree not to do, or attempt to do, any of the following, subject to applicable law:
(a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable national or international law, regulation, or statute , contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful;
(b) tamper with postings, registration information, profiles, submissions or Content of other users;
(c) use any robot, spider, scraper or other automated means or interface to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters" (such as promotional materials or other solicitation material, bulk mailing of commercial advertising;
(d) reverse engineer, decompile or disassemble any aspect of the Site or do anything that might discover source code, or bypass, disable, interfere with, damage or circumvent measures employed to prevent or limit access to any area, content or code of the Site ;
(e) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as any virus, macro-virus, trojan, worm,"spyware," "adware" or other code or programs aimed at destroying, altering or perturbing the proper functioning of the Site, or any other computer or program and that could adversely impact the Site or any recipient; or
(f) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site, post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Red Grove experience.
Red Dog may take appropriate legal action for any illegal or unauthorized use of the Site. If you violate any part of these Terms, your permission to access and/or use the Content and Site automatically terminates.
INTELLECTUAL PROPERTY RIGHTS
You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site as an Instructor, subject to the non-exclusive rights that you grant to us as described in these Terms. You hereby grant Red Dog a worldwide, royalty-free, non-exclusive license to host, transfer, reproduce, distribute, compress or convert for distribution, publicly perform and display the Content you post on the Site. These Terms do not prevent you from granting similar rights to others. By posting and/ or uploading you warrant that your Content is free of any digital rights management, including any software designed to limit the number of times the Content may be copied or played.
PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. Red Dog grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Red Dog has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. Red Dog reserves all other rights in the Content, on its own behalf and the behalf of its licensors (including instructors). Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from Red Dog or the instructor of the Content or other third-party owner of the rights in that Content (if any). Most content on this Site belongs to third-party owners and is displayed on our Site under various licences.
NOTIFICATION OF INFRINGEMENT
Red Dog respects the intellectual property right of others. Accordingly Red Grove has a policy of removing Content that violate copyright, rights of authors and trademark laws and/ or terminating in appropriate circumstances the account of any user who uses Red Grove in violation of intellectual property rights.
It is our policy to respond to clear notices of alleged copyright, authors right and/or trademark infringement. If you believe your copyright is being infringed by a user of Red Grove, please mail us at info@red-grove.com under the subject: "Notice of Infringement", and describe your claims of copyright, rights of authors and/or trademark infringement with the following information to confirm these requirements :
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted or trademarked works on the Red Grove web site are covered by a single notification, a representative list of such works at that site.
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Red Grove to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4.Information reasonably sufficient to permit Red Grove to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5.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.
6.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.
Please note that any person who knowingly materially misrepresents that material or activity is infringing rights and may be subject to liability.
Red Grove will take all appropriate measures to remove illicit content from its web site as soon as possible in order to ensure lawful protection of intellectual property rights
CHILDREN, PARENTS LIABILITY AND RESPONSILITIES
Parents and legal guardians are reminded that they are liable and responsible for minors and their actions and postings on the web. Please make sure they do respect these Terms and Conditions carefully. To best protect your child's privacy and to ensure a lawful use of our site as stated in these Terms , we suggest that you carefully supervise your child's access to the Internet and our website.
Payments made through Red Grove should be made only by credit card owners themselves. We recommend you not to communicate your credit card number to minors in order to supervise its use on the Internet.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT RED DOG DOES NOT MONITOR THE ACCURACY OR RELIABILITY OF CONTENT WHICH IS PROVIDED ON AN AS IS BASIS. Notwithstanding the foregoing, we reserve the right to remove any Content at any time after the posting of Content in case of notfication of infringment or judiciary notification of illicit Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Red Dog. Red Dog neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Red Dog employees acting in their official capacities.
MODIFICATIONS TO TERMS; MODIFICATIONS TO SITE
You understand and agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms on the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you agree with and accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. It is therefore important that you check back regularly to review these Terms and any updates thereto.
You may use the Site only when and as available. The Site is usually available 24/7 but can be interrupted for technical maintainance purposes, in that case Red Dog will produce best efforts to ensure availability of the Site. Access to Contents may be subject to restrictions set by their authors; please note that authors may withdraw their Content from the Site at their sole discretion. You can contact Instructors through their Contacts on the Site or through Red Dog for any special requests.
PRIVACY POLICY
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.
DEALINGS WITH MERCHANTS;THIRD-PARTY LINKS
The Site may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Red Dog is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. In addition, Red Dog will not and cannot censor or edit the content of any third-party site. You use the links at your own risk. Red Dog's Privacy Policy is applicable only when you are on our Site and we cannot control the information disclosed at these thrid-party sites or how that information is used. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.
DISCLAIMER OF WARRANTIES
You understand that when using the Red Grove platform you will be exposed to user content from a variety of sources and that Red Dog is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such content. The Site may contain advice, opinions, instructions and statements from Red Dog, its users and other content and information providers. This Content is intended for informational purposes only. Red Dog does not endorse any user Content or any opinion, recommendation or advice expressed therein, and Red Dog expressly disclaims any and all liability in connection with user content or any posting on the site. You use the site and content at your own risk. Although we are dedicated to offer you quality content, we cannot guarantee you an unlimited warranty on content. Red Dog makes no warranties , representations or conditions of any kind that the Site will be uninterrupted or error-free. The Site is provided by Red Dog on an "AS IS" and an "AS AVAILABLE" basis.
LAW AND JURISDICTION
The content of this site shall be governed by the law applicable in Luxembourg. In case of dispute, you acknowledge that the courts of this state shall have jurisdiction over the content and use of the site or claims arising therefrom.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Red Dog will give you any notices by posting them on the Site. You authorize Red Dog to send notices via electronic mail as well if Red Dog decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. Red Dog may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by Red Dog to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication, so you agree to send us any notice by mailing it to our address for Legal Notices: Red Dog Communications s.a. 595/L rue de Neudorf - L-2220 Luxembourg
Please contact us at info@red-grove.com with any questions regarding the Terms and Conditions of Use.
I HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last updated: April 1st, 2009
