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1.1 The Service is owned and operated by Focuszone Media, Inc. d/b/a The eLearning Guild, 120 Stony Point Rd., Suite 125, Santa Rosa, CA 95401. The Service offers Users access to information, resources, interpersonal networking services, and other content assets owned and/or licensed by The eLearning Guild primarily through The eLearning Guild's website and the Learning Solutions website (collectively, the "websites") which are integral parts of the Service.
1.2 Any visitor to either of the websites, including any free Member (as defined below), any paid content package subscriber in any category, whether "Pro", "Plus", or "Premium", or a visitor who does not become a Member, is referred to hereafter as a "User". A User must be 18 years or older to become a Member and establish a Member Profile. "Member Profile" means the account registered to a User pursuant to the registration procedures for the Service upon such User becoming a Member of the Service. A User who becomes a Member of the Service and establishes a Member Profile through the registration process is referred to herein as a "Registered User" or a "Member". The terms of this Agreement apply to all Users, whether or not such User is a Member. The User for any Member account is responsible for all activities conducted through that account.
2. Term of Use
2.1 Membership in the Service is free and has a term of one year which must be renewed each year. At the end of each membership period, the Member will be notified of such fact and the Member shall then: (i) renew the membership by updating his or her Member Profile and re-establishing their contact preference consents; (ii) upgrade the membership by purchasing a paid content package subscription and re-establishing their contact preference consents; or (iii) terminate the membership entirely.
2.2 All paid content package subscriptions have a term of one year. At the end of each content package subscription year, the Member will be notified of such fact and the Member shall then: (i) renew the paid content package subscription and re-establish their contact preference consents; (ii) upgrade the paid content package subscription to a higher level content package subscription and re-establish their contact preference consents; (iii) renew the basic free membership by updating his or her Member Profile and re-establishing their contact preference consents – thus effectively allowing the paid content package subscription to expire; or (iv) terminate the membership entirely.
3. Non-Transferability of Membership
The Service grants to each Member a personal, revocable, nonexclusive, non-assignable, and nontransferable license to use and display the information offered by the Service (including the paid content package subscription if the Member is a paid content package subscriber) on any machine(s) of which the Member is the primary user. Each User acknowledges by becoming a Member that the Member may not sub-license, transfer, sell, or assign this license or the Service without written authorization from The eLearning Guild. Any attempt to sub-license, transfer, sell, loan, or assign the license is void and of no effect and may result in the immediate termination of the Member's membership.
4. Termination of Membership
Free Memberships are effective for a term of one year and can be renewed each year are effective until the current term expires or the membership is terminated by the Member or The eLearning Guild. Paid content package subscriptions are effective for a term of one year. At the end of the one-year term, the subscription is renewed or canceled (see Section 1.4) or downgraded to free Member level. Although it is assumed that all Memberships will remain active for one year, a Member may terminate his or her Membership and the right to use the Service at any time by clicking on the Terminate Membership button located on the contact consent preferences page of the Member profile. Upon receipt of a request to terminate a membership and purge data, the Service will comply within 30 days and will then confirm by email to the User that Termination and Personal Data purge has been completed.
The Service may terminate a Member's membership or access rights to the Service immediately without notice if, in the Service’s sole discretion, the Member fails to comply with any term or provision of this Agreement. Upon termination of a Member's Membership, the Member must destroy all materials obtained from the Service and all copies thereof. The eLearning Guild may terminate the Service, or any element of the Service, at any time without notice. Refunds will not be issued for canceled or terminated memberships.
5. Data Retention
The eLearning Guild will retain Personal Data you provided during the active term of your Membership and for a period of 24 months after the date your current Membership period expires. During this 24 month period, the Service will contact the User only for the purpose of attempting to re-engage the User as a Member. During this 24 month period, the User may log-in to their Member profile at any time to (i) re-activate their free Membership for a new one-year term and re-establish their contact preference consents; (ii) once re-activated the Member may upgrade their membership by purchasing a content package; (iii) permanently terminate their membership and request that their Personal Data be purged from The eLearning Guild’s systems. At the end of the 24 month period, if a User has not logged-in and either renewed, upgraded, or terminated their Membership, the Service will automatically purge all Personal Data retained in the Member’s Profile.
6. Contact Consent Preferences
Members may opt-in to provide the service with consent to contact them by email, telephone, or postal mail for specific purposes outlined in the Contact Consent Preferences portion of the Member profile. The service will contact Members within a currently active membership term and in accordance with their specific contact consent preferences. Members may modify or terminate any or all consents at any time by accessing their Member profile and updating their contact consent preferences. The service will send transactional emails related to Users membership or event registration transactions.
7. Collection of Personal Information
7.1 When a User registers to be a Member of The eLearning Guild, the User must provide contact information and general information about the User and the User's organization. The User will also be able to create a Username and Password and to provide other optional information. All information collected by the service about Users is maintained in a Member Profile which the Member controls. We collect the following categories of Personal Data about you when you become a Member or otherwise interact with the Service:
- Job Title
- Principal Job Focus
- Job Level
- Number of employees in your organization
- Purchasing Authority
- Company Industry
- Email address
- Home/work/mobile telephone number
- Postal or other physical street address
- Credit/debit card information is collected as required to complete financial transactions related to content package and event registration purchases
7.2 The Service and our third party service providers automatically and passively collect some information about you when you use our Service, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the website and/or Products and Services we provide.
7.3 Member data retained by the Service in Member profiles is available for Members to review. To receive a summary of the data we have in a Members profile, please submit a request to service@eLearningGuild.com and we will reply within 30 days.
8. Processing of your Personal Data
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Products) and our “legitimate interests” or the legitimate interest of others (e.g. our users) such as:
- Personalizing, improving or operating our products, services, and business
- Better understanding your needs and interests
- Fulfilling requests you make related to the products and services
- Providing you with information and offers from us or third parties
- Complying with our legal obligations, resolving disputes with users, enforcing our agreements
- Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity
We process Personal Data for purposes such as:
- Membership profile creation and maintenance to enable the ability view protected content
- Use of certain product and service features
- Generating anonymized reports based on information collected from use of our products and services
- Providing service and support for our products and services
- Processing registrations to attend a events whether online or face-to-face
- Processing transactions including billing and collecting payments for sales orders
- Deciding who sees what information from the Service and/or its 3rd party partners
- Customizing the advertising and content you see
- To personalize marketing communications and website content based on your preferences
- To keep you up to date on the latest product and service announcements, service enhancements, special offers, and other information
- To provide and administer opt-in contests, sweepstakes, or other marketing or promotional activities
- To the extent you choose to participate, to conduct research surveys and other surveys in order to provide better products and services to our members
- Enabling discussion groups or forums
- To meet contractual or legal obligations
- Other similar process related to providing services which Members expect
9. Personal Information to Other Parties
9.1 The Service does not sell contact information or any other general information that Members provide in the registration process to other parties. The Service may facilitate the distribution of third party offers to a Member's street mailing address and/or email address only if the Member has specifically opted-in to receive those third party communications in the contact consent preferences portion of the Member Profile. If a Member who has previously provided consent wishes to stop receiving third party communications, the Member may opt-out at any time by following instructions on the bottom of each email or by revising the contact consent preferences in the Member Profile.
9.2 The Service may, from time-to-time offer third party sponsored content on its websites which may reside behind a lead-generation data collection form. Users of the service may provide the requested data in exchange for the sponsored content. However, users are not required to provide consent to be contacted by the third party to receive access to the sponsored content. In the event that a User chooses to provide such consent, a summary of the collected data will be provided to the third party sponsor.
9.3 The Service may disclose a Member's personally identifiable information if it believes in good faith that it is required to do so in order to comply with applicable law, a subpoena, or other legal process. The Service may also disclose this information if it has reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating this Agreement or to protect the safety of Users or the public.
10. Data Security
As part of the registration process, each Registered User will select a Username and Password. Each Member shall provide the Service with accurate, complete, and regularly updated Member Profile information. Each Member agrees to notify the Service by email at service@eLearningGuild.com of any known or suspected unauthorized use(s) of the Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the Member's Username and/or Password. Each Member is responsible for maintaining the confidentiality of the Member's Password. Any fraudulent, abusive, or other illegal activity will result in the termination of the Member's account, the Member's use of the Service, the Member's paid content package subscription, if any, and all membership privileges, at the Service's sole discretion, and the Member may be reported to appropriate law-enforcement agencies.
11. Personal Information Security
The eLearning Guild is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure. A non-Member User may use the site anonymously as a visitor subject to all the terms and provisions of this Agreement. Any personal information provided to become a Registered User is protected by secured networks and is only accessible by a limited number of employees of the Service who have special access rights to such systems. It is recommended that if a Member shares a computer or uses a computer that is accessed by the general public (e.g., a university or library, etc.), the Member should close the browser window when finished with a session. This will help to ensure that others cannot access a Member's personal information.
We also recommend that you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you can contact us at service@elearningGuild.com.
12. Tracking Technologies including Cookies, Pixels, and Beacons
What are cookies?
Cookies are small text files stored by your browser as you browse the internet. Cookies help us recognize your device, collect, store, and share data about how you are using our service and make the site work better.
We utilize session cookies, which expire after a short period of time or when you close your browser, and persistent cookies which remain in your browser for a set period of time. For each individual cookie, you can check the Cookie Preferences Page to see the stated times for the set duration.
Pixel tags, web beacons, or local storage are small blocks of code that help us measure your engagement with your content. We use pixels to learn whether you’ve interacted with certain email or web content and help us improve and personalize our services.
We use the term “cookies” in this policy to refer to all files that collect information in this way.
13. Third-Party Links
In an attempt to provide increased value to Users, the Service may provide various third-party links from our websites and email communications. However, even if the third party is affiliated with the Service, the Service has no control over these linked sites, each of which may have separate privacy and data collection practices, and all of which are independent of the Service. Neither the Service nor any of its affiliates or contractors has any responsibility or liability for these independent policies or actions, nor are they responsible for the privacy practices or the content of such websites. These linked sites are included on the websites and emails for Users' convenience only, and each User therefore accesses them at such User's own risk. Nonetheless, the Service seeks to protect the integrity of the websites and the links placed upon it and therefore requests feedback on not only the websites, but sites they link to as well (including if a specific link does not work).
14. Third-Party Content
The Service is a distributor of content supplied by third parties and Members. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, Members, or any other User, are those of the respective author(s) or distributor(s) and not of The eLearning Guild.
15. Intellectual Property Rights—No Duplication or Redistribution
The Service provides certain services and benefits for Registered Users and derives its revenue from the production and distribution of those services and benefits for the exclusive use of Registered Users. Members acknowledge that the duplication and/or redistribution of content, information, data, or other intellectual property gained through access to the Service to any other party is a violation of applicable copyright laws and causes harm to The eLearning Guild and the Service. Each Member by becoming a Member agrees that duplication and/or redistribution of any materials to any non-Member, including materials available to a free Member and materials in a paid content package subscription, shall in each instance require prior written authorization from an authorized agent of the Service. Each Member further agrees that any specific instance in which written authorization is granted by the Service, does not authorize the Member to duplicate and/or redistribute any other material than that for which written authorization was granted.
16. User Conduct
16.1 The Job Board and any other information posting areas on the websites are to be used for lawful purposes only. No material shall be posted or transmitted by any User which violates or infringes the rights of others; which is unlawful, threatening, abusive, defamatory, and invasive of privacy or publicity rights, vulgar, obscene, or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law. No conduct shall be undertaken on the Service or the websites that, in the sole judgment of the Service, restricts or inhibits any other User from using or enjoying the Service. Advertising or explicit commercial solicitations may NOT be posted on or transmitted through the Service without the express prior written approval of the Service.
16.2 No material protected by copyright, trademark, or other intellectual property rights shall be uploaded, posted, or otherwise made available on the Service without the express written permission of the owner of the copyright, trademark, or other intellectual property right. A Member shall be liable for any damages resulting from any infringement of copyrights, intellectual property rights, or any other harm resulting from any such uploading, posting, or submission. If a Member posts materials to the Service, such Member hereby grants to The eLearning Guild and the Service a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any such posted material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
16.3 A Member shall not: (i) select or use a User name or email address of another person with the intent to impersonate that person; (ii) use a User name or email address subject to the rights of any person without authorization; (iii) use a User name in violation of the intellectual property rights of any person; or (iv) use a User name that The eLearning Guild, in its sole discretion, deems offensive. The foregoing provisions of this section are for the benefit of the Service and the benefit of the Service’s affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
17. Website Content
If a Member accesses the content provided by the Service, either to provide information to the Service or to retrieve and review research information from the Service, such Member agrees as follows:
- The Member will not supply false or defamatory information.
- The Member will report to the Service any false or defamatory information of which the Member becomes aware.
- Because all survey data and other original research is provided by Members, The eLearning Guild is not responsible for any false or defamatory material reported or placed on the Service by Members.
- The content and material contained on the websites as a part of the Service is offered as information only and not as professional advice of any nature.
- The eLearning Guild is not liable for any loss, damage, action, causes of action, expense, cost, or liability, including attorney fees, made or incurred as a result of any false, misleading, or defamatory material or information in any content provided by the Service.
- The Member acknowledges that the ratings, information, and opinions expressed as a guild part of any content provided by the Service are those of the persons supplying the ratings, information, and opinions, and not those of The eLearning Guild or its officers, employees, shareholders, or directors.
- The Member acknowledges that it is important for a User to independently investigate all ratings, information, and opinions expressed in any content provided as a part of the Service.
18. Chain Letters and Pyramid Schemes
Transmitting chain letters or pyramid schemes of any kind is strictly prohibited on the Service's mail and message systems and is considered a nuisance. In addition, certain chain letters and pyramid schemes are illegal under state and federal law. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At a minimum, they are a waste of the Service's resources and are not permitted.
19. Solicitation and Advertising
A Member may not use the Service to send unsolicited advertising, promotional material, or other solicitations to Users except in specific areas of the websites designated for such purposes, such as the Supplier Directory.
A Member is prohibited by this Agreement and by federal and state law from engaging in acts of copyright, trademark, patent, trade secret, or other intellectual property or proprietary infringement.
21. Adult Material
The eLearning Guild prohibits the transfer or posting on the Service of nudity, pornographic, or adult material, sexually explicit images or descriptions involving sexual behavior, or other content deemed offensive by The eLearning Guild according to community standards and state/provincial and federal law.
22. Event Code of Conduct
At The eLearning Guild, we assume that most people are respectful and well-intentioned, and we’re not inclined to tell people what to do. However, we want every Guild event to provide a harassment-free experience for everyone. We want everyone to enjoy the event itself and the great networking and community richness that happens when we get together in person, so we will not tolerate harassment of event participants in any form—in person or online.
Harassment includes offensive verbal comments related to gender, age, sexual orientation, disability, physical appearance, body size, race, or religion (or lack thereof); sexual images in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other events; inappropriate physical contact; and unwelcome sexual attention.
Participants asked to stop any harassing behavior are expected to comply immediately.
Sponsors and Vendors are also subject to the anti-harassment policy. In particular, sponsors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment.
If a participant engages in harassing behavior, the event organizers may take any action they deem appropriate, including expulsion from the event with no refund.
If you are being harassed, or notice that someone else is being harassed, please bring any concerns to the immediate attention of the event staff or contact our executive director, David Kelly, at dkelly@eLearningGuild.com. Event staff can be identified by the staff tags on their name badges and their blue shirts marked with The eLearning Guild logo.
We thank you for your help in keeping the event welcoming, respectful, and friendly to all participants.
23. Disclaimer of Warranty; Limitation of Liability
23.1 Each User expressly agrees that use of the Service is at his or her sole risk. The eLearning Guild does not warrant that the Service or the websites will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Service or the websites or as to the accuracy, reliability, or content of any information provided through the Service or the websites. The disclaimer of liability contained in this section applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action. Each User specifically acknowledges that the Service is not liable for the defamatory, offensive, wrongful, or illegal conduct of third parties, or other Users, and that the risk of damage or injury from the foregoing rests entirely with each User. In no event will the Service or any person or entity involved in creating, producing, or distributing the Service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Service or the websites.
23.2 Each User hereby acknowledges that the provisions of this Section 19 shall apply to all content on the Service and the websites. The Service neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement on the Service, nor for any offensive, defamatory, or obscene posting made on the Service by anyone other than employees of the Service while acting in their official capacities. Under no circumstances will the Service be liable for any loss or damage caused by reliance on information obtained through postings on the Service.
23.3 The eLearning Guild does not endorse, warrant, or guarantee any product or service offered by a third party through the Service, and is not a party to and does not in any way monitor any transaction between Users and third-party providers of products or service. As with the purchase of a product or services through any medium or in any environment, each User should use his or her best judgment and exercise caution where appropriate. Each User specifically acknowledges that in no event will The eLearning Guild, its affiliates, or any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of: (i) the use by such User of any browser owned or operated by any party; and/or (ii) the downloading of any software owned or operated by any third party.
23.4 All matters under this Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California. Exclusive jurisdiction and venue for the resolution of any dispute among the parties, regardless of whether such dispute is based on this Agreement or any other matter, shall be in a state or federal court having subject matter jurisdiction sitting in Sonoma County, California. The eLearning Guild and User waive any claim for venue and jurisdiction in any other location and consent to personal jurisdiction of the courts in Sonoma County, California.
The Service shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by the Service. The Service shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Service. Without limiting the foregoing, the Service shall have the right to remove any material that the Service, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right, Users shall remain solely responsible for the content of their messages posted on the Service. Each User acknowledges and agrees that neither the Service nor any third-party content provider shall assume or have any liability for any action or inaction by the Service or any third-party content provider with respect to any conduct, communication, or posting on the Service.
25. Policy Changes
By using the Service, each User consents to the collection and use, as described herein, of information by the Service and its affiliates. If the Service determines to change any of the terms of this Agreement, the changes will be posted on this page so that each User is always aware of how the information collected is used, and under what circumstances it is disclosed.
The eLearning Guild welcomes User's questions, comments, and concerns about the Service and this Agreement. If Users have questions or need more information, please email service@eLearningGuild.com
This Document Last Updated on: May 25, 2018
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