Terms of Use

The use and content of the Globalyceum Website is licensed, not sold, to you by Globalyceum, Inc. (Globalyceum) for use only under the terms of this license. Globalyceum and its licensors retain ownership of the content itself and reserve all rights not expressly granted to you. This license is for your personal use only and you may not modify the content or share the content with others in any manner or form. If you have any questions regarding the
Globalyceum License Agreement for Students, please contact us at support@globalyceum.com.

Agreement to Terms and Conditions

1. The use of the Globalyceum Service, and your limited license for use of our Educational Materials and Electronic Resources (defined below), are provided only on the condition that you agree with and accept all of the terms and conditions set forth herein. Please read these terms and conditions carefully. These Terms of Use, together with all updates, shall constitute the “Agreement.”

By clicking the checkbox labeled “I agree to the Terms of Use and the Return Policy” when you first access the Service, you acknowledge and confirm that you have reviewed the terms and conditions in this Agreement and that you agree with and accept them.

Applicability

This License is for students and other users who are not professors or other educators (collectively Educators). If you are an Educator, then you must use the Globalyceum Service under the License Agreement for Educators, which can be accessed through the Educator portion of the Globalyceum site.

As a student, you may access, download and use components of the Educational Materials or access and use Electronic Resources in exchange for a license fee charged the first time you access your selection. The amount of the license fee charged will depend upon the content and format you select. If you choose another content/format for learning, you may be assessed another fee.

Services and Materials Provided

Globalyceum provides

1) digital versions of certain proprietary educational materials (including digital textbooks, lectures, supplementary reading materials, graphic materials, interactive works, videos, self-assessment and study tools, homework assignments, course assessment and course management materials) (Educational Materials); and

2) access to interactive electronic communication with other users (students and professors) by means of certain proprietary electronic resources, such as electronic bulletin boards (Electronic Resources) (the Educational Materials and Electronic Resources, and the underlying software, collectively constitute the Globalyceum Service). The scope, content and the term of the Service to be provided to you depend upon your individual selection and purchase.

License Term; Termination

The license period (License Term) for individual components of the Service may vary. The License Term is effective beginning on the date and time you click the box labeled “Yes, I have read and agree to the Globalyceum Terms of Use” and shall continue in full force and effect until the end of the License Term; provided, however, that your rights under this License will terminate automatically or otherwise cease to be effective without notice from Globalyceum if you fail to comply with any term(s) of this License. In the event, Globalyceum terminates your use of the Service for your breach of this Agreement, no refund of any prepaid fees will be made. Upon termination, for any reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Globalyceum. Sections 11, 12, and 15 of this License shall survive its termination.

License Fees

The license fees for the Educational Materials and Electronic Resources you select shall be presented to you upon your initial access and/or use of the material or resource. The fee for this license varies depending on product choice. You agree to timely pay the applicable license fees and to provide Globalyceum with a valid credit card or PayPal account details for payment of all fees. All fees are payable in U.S. dollars in advance and include all applicable taxes. Sales tax will be included, where applicable, as required by law. Globalyceum reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon prior notice to you.

Permitted License Uses and Restrictions

Subject to the terms and conditions of this License, you are granted a limited, non-exclusive, non-transferable, fully revocable license during the License Term to access, download and use the Educational Materials and Electronic Resources only as follows:

• Globalyeums Service is provided for your own personal use and you agree that you will not share your password to the Service or any materials or excerpts from materials obtained from Globalyceum with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else.
• You may access, view and use online all Educational Materials and Electronic Resources provided within the scope of the license you purchase.
• You may print and copy the Educational Materials, for your own personal use only.
• You may access any and all formats of the Educational Materials for which you have purchased a license.
• You may not distribute, publish, transfer or transmit the Educational Materials or any excerpt from them.
• You may not create derivative works of the Educational Materials.
• You must keep intact all copyright and other attribution notices in the Educational Materials.
• You may not make a print or electronic copies of any portions of the Educational Materials for anyone other than yourself to use, nor employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce Globalyceum Educational Materials or content.
• You may not rent, sell or participate in the sale or rental of the Globalyceum Educational Materials or Electronic Resources, in whole or in part, or exercise any of the rights granted to you herein in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation or enable others to do so.
• You agree that you will not use or in any way exploit any of the content of the Globalyceum Educational Materials or Electronic Resources, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair use privilege under the U.S. copyright laws (see 17 USC Section 107).

Non-transferable

This License is non-transferable. Any purported assignment, sublicense or transfer of the Service or this License shall be null and void.

Your Information

You agree to provide accurate, current, and complete information required to register for the Service and as may be required in the course of using the Service (“Registration Data”). You further agree to update your Registration Data as required to keep it accurate, current, and complete. Globalyceum may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Globalyceum may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

Unauthorized Use of Your Account

You agree to promptly notify Globalyceum of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to support@globalyceum.com. Globalyceum shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.
Privacy

Globalyceum will maintain reasonable physical, electronic, and procedural safeguards to protect information submitted by you in connection with your use of the Service, but we are unable to guarantee that security measures we take will not be penetrated or compromised or that such information will remain secure under all circumstances. You acknowledge and agree that your submission of such information is at your sole risk, and Globalyceum hereby disclaims any and all liability to you for any loss or liability incurred by you relating to such information in any way.

No Ownership Rights

All title to, ownership of and all copyright and other proprietary rights in the Service shall at all times remain vested in Globalyceum and/or the publishers and authors of such works, as applicable. Your use of the Service does not give you any ownership rights in any of the Educational Materials or Electronic Resources; rather, you only have a limited right to access such materials.

The Educational Materials and the use of the Electronic Resources are licensed, not sold, to you by Globalyceum for use only under the terms of this license. Globalyceum and its contributors retain ownership of the Educational Materials and Electronic Resources and reserve all rights not expressly granted to you. You shall have no right to use the Service or any of the separate components of the Educational Materials or Electronic Resources for any purpose other than as expressly set forth herein.

Intellectual Property

All Educational Materials offered on and/or available through the Globalyceum website, as well as the specialized software developed for utilization of the site, are protected by intellectual property rights.

You agree that the contents of the Globalyceum Educational Materials, the Electronic Resources and specialized software are protected by copyrights, trademarks, and other similar proprietary rights and protections (collectively, the “IP Rights”), which belong to Globalyceum and the various publishers (the “Publishers”) and authors (the “Authors”) whose materials are being made available to you on or by means of the Globalyceum Website.

You further agree that these IP Rights are valid and protected in all forms, media, and technologies, existing now or hereinafter developed. Further, you understand and agree that the Globalyceum name and logos, as well as other proprietary names and distinctive creative elements of the website are protected trademarks, trade dress or other proprietary rights of Globalyceum and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Globalyceum or the other owner of the rights.

Modifications to the Service

Globalyceum reserves the right to modify the Service at any time, but will not alter any content during a License Term except as is consistent with the requirements and/or direction of the Educator(s).

Refund Policy

You will have 14 days from the time you begin use of the service or from the time of the first day of classes, whichever is first, in your fall or spring semester or quarter course to ask for a refund. You will have 3 days from the time you begin use of the service or from the time of the first day of classes, whichever is first, in your winter or summer courses to ask for a refund.

Additional Terms

• Entire Agreement: This Agreement supersedes all other agreements, warranties, or representations with regard to your use of the Service. Where conflicts exist between this license and any other wording/license on the Globalyceum Website, this license shall govern.
• Amendment: Globalyceum may amend the terms of this Agreement from time to time by posting such amendments on the Website under “Globalyceum Terms and Conditions of Service and Use.
• Force Majeure: Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

• Enforcement: of This Agreement Except as explicitly set forth in Section 6 of this Agreement, any other use of the Globalyceum Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited.

• Globalyceum: will pursue its legal rights against violators to the full extent permitted under applicable state and federal laws. In accepting the terms of this Agreement, you agree that Globalyceum has the right, without liability to you, to disclose any Registration Data or account information to the extent necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including without limitation any legal process relating to your use of the Service and/or any third party claim that your use of the Service is unlawful and/or infringes such third party’s rights.

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws principles.

• Dispute Resolution: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in the County of Santa Clara before a single arbitrator. The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award shall be binding and may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each party shall pay its own expenses associated with such arbitration and the parties shall share equally the expenses of a jointly selected arbitrator or an arbitrator selected by JAMS. Punitive damages shall not be awarded.

• Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLOBALYCEUM EDUCATIONAL MATERIALS AND ELECTRONIC RESOURCES ARE PROVIDED “AS IS” AND AS AVAILABLE WITH ALL FLAWS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GLOBAL LYCEUM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. FURTHER, GLOBALYCEUM DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS.

• Limitations of Liability: TO THE FULLEST EXTENT ALLOWED BY LAW, GLOBALYCEUM, THE PUBLISHERS AND AUTHORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF GLOBALYCEUM, THE PUBLISHERS AND AUTHORS SHALL BE LIMITED TO LICENSE FEES ACTUALLY PAID BY YOU TO GLOBALYCEUM UNDER THIS AGREEMENT.

• Severability: If a court of law finds any provision of this Agreement to be illegal, invalid or unenforceable as applied to any circumstance, the remainder of this Agreement shall continue in full force and effect. Further, any provision that is not wholly legal, valid and enforceable as written shall be interpreted to the extent possible within the law to conform to the Parties intentions.

• Waiver: The waiver or failure to enforce by Globalyceum of any provision of this Agreement shall not constitute a waiver of any subsequent breach of that provision or a waiver of any other provision of this Agreement.

• Electronic Communications and Contracting: By agreeing to this License, you agree that a printed version of this License shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• Notices: from Globalyceum You consent to receive notices regarding your account or the content or functionality of the Globalyceum Website by e-mail. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

Globalyceum Contact Information You may contact Globalyceum at the following address : support@globalyceum.com

Terms and Conditions of Service and Use last updated on: August 16, 2013.