POSTING EXPERT CONTENT
On certain areas of our Site, experts such as professors, scientists, law firm partners, consulting firm partners, business executives, authors, speakers, conference attendees, and others (“participants/users”) may be able to submit videos, tutorials, classes, workshops, text, documents, files, images, photos, sounds, musical works, works of authorship, text postings, and other materials and content, as well as personally identifiable information about themselves, and work history and experiences (“Expert Content”). Posting of Expert Content is subject to these Terms, including the terms listed below, and any additional terms we may post from time to time on this Site. Workplace Analytics™ may delete any Expert Content that in the sole judgment of Workplace Analytics™ violates these Terms.
As a participant/user, you represent and warrant that you own the Expert Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Expert Content, and that our use thereof pursuant to these Terms, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Expert Content displayed, published or posted by you to the Site. Except for your Expert Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Expert content appearing on this Site.
You agree to indemnify and hold Workplace Analytics™, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorney’s fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Expert Content.
OWNERSHIP OF EXPERT CONTENT
After posting Expert Content to the Site, you continue to retain all ownership rights in such Expert Content, and you continue to have the right to use your Expert Content in any way you choose, subject to these Terms, and the license described herein. By displaying, publishing, or otherwise posting any Expert Content on or through the Site, you hereby grant to Workplace Analytics™ a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free, perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Expert Content. This license includes the right to host, index, cache, distribute, and tag any Expert Content, as well as the right to sublicense Expert Content to third parties, including other users, for use on other platforms. You understand and acknowledge that this broad license gives Workplace Analytics™ the right to use and make available to third parties Expert Content on this Site, or through other medium whether now or hereafter created, and whether operated by Workplace Analytics™ or its licensees or business partners.
You understand that Expert Content will be shared with third parties, and as such, by posting Expert Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any tutorials, videos, educational materials, ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Workplace Analytics™ may be used by Workplace Analytics™ anywhere, anytime, and for any reason whatsoever.
You understand and agree that you have no ownership rights, nor any other access to the Site or features therein. Workplace Analytics™ may cancel your access to this Site and delete all Expert Content associated with your Account at any time, and without notice, if Workplace Analytics™ deems that you have violated these Terms, the law, or for any other reason. Workplace Analytics™ assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account. You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of this Site and for the confidentiality of your password.
You agree that you will not impersonate any person or organization, including without limitation, the personnel of Workplace Analytics™. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party, or the rights of privacy of another person. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
NO MONITORING/VIOLATION NOTICES
Workplace Analytics™ does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at firstname.lastname@example.org.
ACCURACY OF EXPERT CONTENT
You understand and acknowledge that Expert Content is solely the responsibility of the submitting participant/user, and that Workplace Analytics™ is not responsible for the information, data, text or other materials that may appear in Expert Content. Opinions expressed in Expert Content do not necessarily reflect the opinions of Workplace Analytics™, and Workplace Analytics™ does not endorse and has no control over Expert Content. Expert Content is not necessarily reviewed by Workplace Analytics™ prior to posting and Workplace Analytics™ makes no warranties, express or implied, as to the Expert Content or to the accuracy and reliability of the Expert Content. Use of Expert Content is subject to these Terms, as well as any additional terms and conditions that may apply in agreements you with Workplace Analytics™.
WORKPLACE ANALYTICS™ CONTENT
Content on this Site, including tutorials, videos, educational materials, art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (‘Content’) is the property of Workplace Analytics™ or its licensors (including Expert Content) and is protected in the U.S., China, Australia, Canada, England and elsewhere internationally under trademark, copyright, and other intellectual property laws. Third party content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Workplace Analytics™ subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
You agree not to download, display or use any Content, Expert Content, or third party content located on the Site in any publications, in public performances, on websites other than this Site, for any commercial purpose (except as expressly authorized by Workplace Analytics™), in connection with products or services that are not those of Workplace Analytics™, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Workplace Analytics™ and/or its licensors, that dilutes the strength of Workplace Analytics™’s or its licensor’s property, or that otherwise infringes Workplace Analytics™’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at email@example.com.
PRIVACY / CHILDREN
THIRD PARTY WEBSITES
REPRESENTATIONS, AND LIMITATIONS OF LIABILITY
Workplace Analytics™ makes no representations about the reliability of the features of this Site, the Content, Expert Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Workplace Analytics™ makes no representations regarding the amount of time that any Content or Expert Content will be preserved. Workplace Analytics™ does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Expert Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Expert Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Workplace Analytics™ without the prior review and written approval of Workplace Analytics™. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Expert Content (for example, describing and promoting your Expert Content on a personal blog or in emails).
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WORKPLACE ANALYTICS™ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WORKPLACE ANALYTICS™ BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WORKPLACE ANALYTICS™’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL WORKPLACE ANALYTICS™’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Both you and Workplace Analytics™ acknowledge and agree that no partnership is formed and neither of you nor Workplace Analytics™ has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Chicago, Illinois. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If Workplace Analytics™ fails to act with respect to your breach or anyone else’s breach on any occasion, Workplace Analytics™ is not waiving its right to act with respect to future or similar breaches.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. Notwithstanding the foregoing, your use of this Site, as it relates to any other relationships you have with Workplace Analytics™, will be further governed by any agreements you enter into with Workplace Analytics™ relating to such relationships. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
These Terms constitute a binding agreement between you and Workplace Analytics™, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and Workplace Analytics™ regarding the use of the Site and your Account.