Last updated: 23rd Feb 2017
Thank you for choosing CreateLMS
This is an agreement between you and CreateLMS, formerly CreateLMS (or, based on where you live, one of its affiliates) that describes your rights to use the software and services identified in section 1.1. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement as all of the terms are important and together create a legal agreement, once accepted by you, that applies to you. Additionally, there are documents and policies that we link to in this agreement and we encourage you to read those as well.
1. Scope of agreement, acceptance and changes
1.1. What services are covered by this agreement? This agreement applies to the Create LMS platform and any other software, website or service that links to this agreement (collectively the “services”).
1.2. What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms, and the CreateLMS Code of Conduct are incorporated into this agreement by this reference (the “agreement”). You must not use the services in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity.
1.3. How do I accept this agreement? By providing the opportunity to subscribe for and/or order the services, CreateLMS makes an offer to you. You must agree to these terms and conditions via opt-in before you can use the services and they constitute a valid agreement between you and CreateLMS. By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you confirm you agree to abide by this agreement, without modification by you. If you don`t agree, you can`t use the services.
1.4. Can CreateLMS change these terms after I have accepted them? Yes. We will inform you if we intend to change this agreement. We may change the terms of this agreement if: (i) it is necessary due to applicable law, including, but not limited to, a change of such law; (ii) it is necessary due to an advice and/or order based on applicable law; (iii) the equivalence ratio between service and consideration is disordered; (iv) it is necessary from a technical point of view; (v) it is necessary to ensure the operation of the services; or (vi) the terms will be changed to the advantage of the user. We`ll inform you of the intended change before it takes effect, either through the user interface, in an email message, or through other reasonable means. We`ll provide you the opportunity to cancel the services at least 30 days before the change becomes effective. If you don`t cancel the services within the notice period you thereby agree to the change of this agreement. We`ll also expressly point to this fact when informing you about the intended change of this agreement.
1.5. What types of changes can I expect to the services? We continuously work to improve the services, in order to improve or update its functionalities, introduce new features or adapt the services and may change the services or delete features at any time. For paid services, we will notify you in advance of material changes to the services. You may cancel the services at any time. We may release the services or features of the services in beta version, which may not work correctly or in the same way the final version may work.
2. CreateLMS account
2.1. What is a CreateLMS account? To access the services you must provide a user name and password. You are responsible for keeping your account information and password confidential.
2.2. What if I can`t access my CreateLMS account? If you`ve forgotten your password or otherwise can`t access your CreateLMS account, you can recover your CreateLMS account by resetting your password. CreateLMS doesn`t offer any guarantee that your CreateLMS account will be restored or your content (as defined later) will be safeguarded.
3.1. Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email and instant messages (“content”). Except for material that we license to you that may be incorporated into your own content (such as clip art), we don`t claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We strongly advise you to make regular back-up copies of your content. We don`t control, verify, pay for or endorse the content that you and others make available on the services.
3.2. Who can access my content? You have initial control over who may access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you expressly agree that anyone you have shared content with may, for free or a fee, use, display, transmit, save and communicate the content solely in connection with the service.
If you don`t want others to have that ability, don`t use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won`t violate any law or rights of third parties.
3.3. What does CreateLMS do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed and displayed to the extent necessary to protect you and to provide, protect and improve CreateLMS products and services. For example, we may occasionally use automated means to isolate information in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use. When processing your content, CreateLMS takes steps to help preserve your privacy.
3.4. What type of content isn`t permitted? Content that violates CreateLMS Code of Conduct or your local law isn`t permitted on the services. CreateLMS reserves the right to review content for the purpose of enforcing this agreement. CreateLMS may block or otherwise prevent delivery of any type of course, message or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
3.5. Can CreateLMS remove my content from the services? Yes. We reserve the right to deny content or remove it from the services at any time if we believe that it violates applicable law or this agreement or if it exceeds limits on storage or file size. We may refuse to publish content and may remove content for any or no reason. If the content you store on the services is legal and in line with this agreement, protected by copyright law and you are authorised to use the content, we will provide you with the opportunity to retrieve the content. This shall not apply if content is removed from our servers due to the fact that your CreateLMS account remained inactive for longer than 270 days.
4. Services cancellation
4.1. What happens if I don`t abide by these terms? If you violate this agreement, and continue to breach the relevant obligation after receipt of a notice to stop the breach within an appropriate and reasonable timeframe, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, cancelling your services and/or referring such activity to appropriate authorities. This provision doesn`t affect CreateLMS’s additional legal rights to terminate the agreement immediately for good cause. This includes if you violate a material obligation of this agreement. Material obligations cover any obligations which need to be fulfilled in order to properly perform this agreement, which enable to reach the goals of this agreement and where the users generally can assume that those obligations will be fulfilled according to the sense and the content of this agreement. The removal of content and cancellation of the services will imply the deletion of data. Data will be deleted and irretrievable, therefore we strongly advise you to regularly back up the data and content that you store on the services.
4.2. Are there other ways I could lose access to the services? Yes. Portions of the services (namely the CreateLMS services) require that you sign in to your CreateLMS account at least once every 270 days (see section 2.2). Additionally, there are reasons why CreateLMS may stop providing portions of the services, including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. In such case, your data will be permanently deleted from that portion of the services. If we cancel a paid service in its entirety without cause, we’ll refund to you on a pro-rata basis the amount of payments that you`ve made corresponding to the portion of your service remaining right before the cancellation. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel your service (see section 9.11 for more details).
4.3. How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by going to your Account web page and following the account closure process at that link. To cancel a paid service, see section 9.10. If you are cancelling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services (for example, manually delete courses). However, please note that while content you`ve deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
4.4. What happens if my services are cancelled or terminated? If your services are cancelled or terminated (whether by you or us), your right to use the services stops immediately and your licence to use our software ends. We may disable access to it. If your CreateLMS account is cancelled or terminated (whether by you or us), your right to use your CreateLMS account stops immediately. If your services are cancelled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you. We therefore advise you to make regular back-up copies of your content.
5.3. Does CreateLMS disclose my personal information outside CreateLMS? You expressly consent and agree that CreateLMS may access, disclose or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that CreateLMS acquires about you through your use of the services (such as Internet Protocol address or other third party information) when CreateLMS forms a good faith belief that doing so is necessary: (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of CreateLMS or our customers; or (c) to help prevent a loss of life or serious physical injury to anyone.
5.4. How does CreateLMS respond to legal process? Similarly to other providers of Internet services, CreateLMS is served with legal demands and requests from law enforcement, government entities and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. CreateLMS may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.
6. Services disruptions and backup
We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages. You should regularly backup the content that you store on the services. Having a regular backup plan and following it can help you prevent loss of your content.
7.1. What terms govern the software that is part of the services? This agreement will apply exclusively. The software is licensed, not sold, and CreateLMS reserves all rights to the software not expressly granted by CreateLMS under the licence terms. If this agreement governs the website you are viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own that code, not by CreateLMS.
7.2. How can I use the software that is provided as part of the services? We grant you the right to access and use the software as desired, but only if you comply with all other conditions in this agreement.
7.3. Are there things I can`t do with the software or services? Yes. In addition to the other restrictions in this agreement, you may not: circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease or lend the software or the services; or transfer the software, any software licences or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorised way that could interfere with anyone else’s use of it or gain access to any service, data, account or network. You may not enable access to the services by unauthorised third-party applications.
7.4. How is the software updated? From time to time we will update the software to enhance, extend and further develop the services. You agree to accept such updates subject to these terms unless other terms accompany the updates.
8. If you pay CreateLMS, the following terms apply to you
8.1. Charges. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the services includes all applicable taxes and currency exchange settlements, unless stated otherwise.
8.2. Your billing account. To pay the charges for a service, you will be asked to provide a payment method at the time of purchase. You can access and change your billing account information and payment method on the Billing and Account Management. You agree to keep your billing account information current at all times. Additionally, you agree to permit CreateLMS to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. If you tell us to stop using your payment method and don`t provide us with another payment method after our notice to you to do so within an appropriate timeframe, we may cancel your paid service for good cause. Your notice to us won`t affect charges we submit to your billing account before we reasonably could act on your changes to your billing account information.
8.3. Billing. By providing CreateLMS with a payment method, you (i) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorise CreateLMS to charge you for the services using your payment method; and (iii) authorise CreateLMS to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. Billing of service charges to your payment method may occur as we agreed, including: (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription services. Subject to your consent, billing may also occur in advance. Also, we may charge you up to the amount you`ve approved, and we`ll notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior and current billing periods together.
8.4. Automatic Renewal. Provided that automatic renewals are allowed in your country, province or state, we`ll inform you either at the time you sign up for the service or before automatically renewing your service that the service will automatically renew. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal and will provide you with instructions on how you can cancel the service. We will charge you the then current price for the renewal term, unless you`ve notified us that you wish to cancel the agreement at least one month prior to its expiry or the expiry of any renewal term, or otherwise in accordance with how we may have told you that you may cancel.
8.5. Online statement and errors. We will provide you with an online billing statement on the Billing and Account Management where you can view and print your statement. You are obliged to check the online billing statement at regular intervals, and at least once a month. This is the only billing statement that we provide. It is your responsibility to print or save a copy of each online statement and to retain such copy for your records. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an obvious error first appears on your bill. If you don’t tell us within that time, you release us from all liability and claims of loss resulting from any error caused by slight negligence; further in that case we won’t be required to correct the error or provide a refund. In any other cases, if CreateLMS has identified a billing error, we will inform you and take steps to correct it as soon as reasonably possible.
8.6. Cooling off period. When you request services from us, you will be entitled to a cancellation or “cooling off” period of fifteen days unless we begin to provide the services immediately, in which case you won`t be entitled to a cancellation or “cooling off” period. You may cancel the services as provided in section 8.10. See section 8.9 for CreateLMS’s refund policies.
8.7. Trial period offers. If you are taking part in any trial period offer, you must cancel the services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. The services may be cancelled as provided in section 8.10. If you don`t cancel your services, and we have told you the services will convert to a paid subscription at the end of the trial period and we have informed you of the applicable charges and any other eventual applicable terms, then you authorise us to charge your payment method the then current price for the services.
8.8. Price changes. If there is a specific time length and price for your service offer, that price will remain in force until that offer period ends. You will need to agree to any new offer and price if you want to continue the services. If your services are on a period basis (for example, monthly), with no specific time length and isn`t a trial offer, we may change the price of the services up to 5 per cent per year if we inform you at least 30 days before the change will become effective. You will have the opportunity to cancel the services before the price changes. When we notify you of the price change, we`ll also peculiarly inform you that the new price will become effective if you don`t cancel the services. After the term ends, and provided that you didn`t cancel the services further to our information, we`ll charge you for your use of the services at the new price. If you don`t agree to the price change, you must cancel and stop using the services before the price change takes effect. If you cancel, your services end at the end of your current services period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
8.9. Refund policies. In general, charges are non-refundable except if the refund is based on an ordinary cancellation or cancellation for good cause or culpable behaviour or omission by CreateLMS, including if the services aren`t effectively provided. If you are entitled to a cooling off period per section 8.6, you will be reimbursed, within a reasonable time, for any amounts actually paid.
8.10. Cancelling the services. You may cancel the services at any time, with or without cause. Go to the Billing and Account Management for further information and direction on how to cancel your services. You should refer back to the offer describing the services as (i) you may be obligated to pay all charges made to your billing account for the services prior to the date of cancellation; or (ii) you may lose access to your CreateLMS account when you cancel the services.
8.11. Late payments. You must pay for the reasonable costs we incur to collect any past due amounts including lawyers` fees and other legal fees and costs, as permitted by law and regulations. We may suspend or cancel your services if you fail to pay in full on time after we send you a reminder – with the threat of suspension and/or termination of the services – to make your payment within an appropriate time. You can avoid suspension or cancellation if you make the required payment within the appropriate time set forth in the reminder. A different procedure will apply if the amount missing is marginal. Amounts missing below 2 per cent of the total invoice value will always be deemed marginal. Suspension or cancellation of the services for non-payment could result in the loss of access to your CreateLMS account.
8.12. Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. If you receive a payment in error, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.
8.13. Internet access services and other charges. If the services don`t include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your operator to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any mobile or other communication service.
9. WE MAKE NO ADDITIONAL WARRANTY
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN`T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN`T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU HAVE ALL WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
10. Limitation of liability
10.1. CreateLMS shall not be liable for any content, including links to third-party websites, and activities provided by users. Such content and activities are neither attributable to CreateLMS nor do they represent CreateLMS’s opinion.
10.2. CreateLMS shall only be liable for slight negligence of CreateLMS, its vicarious agents and/or its legal representatives if material obligations of the agreement have been violated. Material obligations cover any obligations which need to be fulfilled in order to properly perform this agreement, which enable to reach the goals of this agreement and where the users generally can assume that those obligations will be fulfilled according to the sense and the content of this agreement.
10.3. CreateLMS, its vicarious agents and/or its legal representatives shall not be liable for any unforeseeable damage, atypical damage and/or financial loss with respect to any indirect damage, including loss of profit, unless CreateLMS, its vicarious agents and/or its legal representatives have at least acted with gross negligence.
10.4. Any statutory no-fault liability of CreateLMS, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of CreateLMS, its vicarious agents and/or its legal representatives in the event of negligent injury to an individual’s life, body or health.
10.5. No other contractual and legal claims besides those covered in subsections 10.1 through to 10.4 of this section 10 may result from this agreement and/or the use of the services, apart from any contractual and/or legal liability of CreateLMS for death and/or personal injury not previously covered in this section 10.
11. CreateLMS contracting entity
11.1 You are contracting with CreateLMS Limited, 5 Saint Vincent’s Place, Glasgow, G12DH, Scotland and the laws of Scotland govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles, unless you live in or your business is headquartered in Spain, in which case the laws of Spain govern the interpretation of this agreement. All other claims, including claims regarding consumer protection laws, unfair competition laws and in tort, will be subject to the laws of the country to which we direct your services. With respect to jurisdiction, you and CreateLMS may choose the country to which we direct your services for all disputes arising out of or relating to this agreement, or in the alternative, you may choose the responsible court in Scotland.
12. Third-party websites
You may be able to access third-party websites or services via the services that aren`t controlled or published by CreateLMS. CreateLMS isn`t responsible for third-party websites, services or content available through the services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.
Sections 6, 9 (for amounts incurred before the end of this agreement), 10, 11, 12, 16, and those that by their terms will apply after it ends will survive any termination or cancellation of this agreement.
14. Assignment and transfer
We may assign, transfer or otherwise dispose our rights and obligations under this contract, in whole or in part, so long as such assignment isn`t to your detriment, at any time without notice.
This contract is in electronic form. We may send you, in electronic form, information about the services, additional information and information the law requires us to provide. We may provide required information to you by email to the address that you specified when you signed up for the services or by access to a CreateLMS website that we identify. We recommend you monitor and maintain the email address you specified. If you don`t consent to receive notices electronically, you must stop using the services. You may notify CreateLMS as stated in customer support for the services, as specified in section 19.
16. Contract interpretation
This is the entire agreement between you and CreateLMS for your use of the services. It supersedes any prior agreements between you and CreateLMS regarding your use of the services. The agreement’s section titles are for reference only and have no legal effect. Separate or additional terms may apply when you use or pay for other CreateLMS services than those governed by this agreement. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can`t enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won`t change.
17. No third-party beneficiaries
This agreement is solely for your and our benefit. It isn`t for the benefit of any other person, except for permitted successors and assigns.
18. Font components
You may use the fonts to display and print content only while using the services. You may not circumvent any embedding restrictions in the fonts. Upload malicious files, infected content, malware or other virus.
Customer support for the CreateLMS is available via CreateLMS Support support@createLMS.com
Any complaints related to the execution of this agreement are to be submitted to legal@createLMS.com.
20. Export restrictions
CreateLMS’s free software and services are subject to EU and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services.
Notices and procedure for making claims of copyright infringement. Notifications of claimed copyright infringement should be sent to CreateLMS`s designated agent.
Copyright and trademark notices. All contents of the services are Copyright © 2012 CreateLMS Limited and/or its suppliers, Third Floor, 5 Saint Vincent’s Place, Glasgow, G12DH, Scotland. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the services and its content. CreateLMS and the names, logos and icons of all CreateLMS products, software and services may be either trademarks or registered trademarks of CreateLMS. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved. Certain software used in certain CreateLMS website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. “gnuplot” software used in certain CreateLMS website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
Notice about the H.264/AVC Visual Standard and the VC-1 Video Standard. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENCES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENCES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE
For clarification purposes only, this notice doesn`t limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which don`t include (i) redistribution of the software to third parties, or (ii) creation of content with the Video Standards compliant technologies for distribution to third parties.
Registered in Scotland: #446702
Address: Third Floor, 5 Saint Vincent's Place, Glasgow, G1 2DH, Scotland