1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

Vocam Pty Ltd, & BusinessTraining-TV (“Vocam” “BusinessTraining-TV” “we,” or “us”) provides an online content service including but not limited to video, e-learning, assessments, training manuals & Power Points and other content (collectively, “Content”) for viewing on the BusinessTraining-TV.com website (the “BusinessTraining-TV Site”). Our content service, our Video Player, and any other features, tools, applications, materials, or other services offered from time to time by BusinessTraining-TV and Vocam in connection with its business on any of its Sites are referred to collectively as the “BusinessTraining-TV Services.”

It is our pleasure to provide the BusinessTraining-TV site for your organisations training. To use BusinessTraining-TV Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Terms”). These are our Terms & Conditions for use of the BusinessTraining-TV Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site. By visiting the BusinessTraining-TV Site (whether or not you are a registered member) you are agreeing to these Terms.

Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at privacy@vocam.com

 

2. USE OF THIS SITE

1. Vocam Pty Ltd is the owner and operator of this Site.
2. Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at Vocam’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.

 

3. CHANGES TO THE TERMS OF USE BY VOCAM

Vocam may change these Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Vocam Site and will also be published on the BusinessTraining-TV. Any visit to the BusinessTraining-TV Site or use of the BusinessTraining-TV Services on any of the Sites by you after the new Terms are posted will be deemed to evidence your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms.

 

4. ACCESS AND USE OF THE BusinessTraining-TV SITE

Your License. BusinessTraining-TV, upon your organisations or your purchase of BusinessTraining-TV is pleased to grant you a limited license to view the Content and to use the Vocam Services for training as set forth in these Terms.

Subscription. Your subscription expires after 12 months and you will no longer have access to use the site until you subscribe again. When your account expires you no longer have access to any unused credits.

Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Vocam in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Vocam in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.

Embedding a Video or Content Using the Video Player or by any other means. You may not embed videos or content using the Video Player or by any other means, on any website or other location, website or any other place that contains or hosts content without the express written permission of Vocam. You may not embed the Video Player or and videos into any hardware or software application.

Ownership. You agree that Vocam owns and retains all rights to the BusinessTraining-TV Services. The BusinessTraining-TV Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities. In order for us to keep the BusinessTraining-TV Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the BusinessTraining-TV Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree not to use the BusinessTraining-TV Services in a way that:

• violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access the Content or the BusinessTraining-TV Services that is not authorized by BusinessTraining-TV (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or BusinessTraining-TV Services);
• involves accessing the BusinessTraining-TV Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the BusinessTraining-TV Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content);
• attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, impair, or gain unauthorized access to the BusinessTraining-TV Services, including Vocam’s servers, computer network, or user accounts;
• attempts to remove, modify, disable, or otherwise impair any advertising in connection with the BusinessTraining-TV Service;
• attempts to collect personally identifiable information in violation of Vocam’s Privacy Policy;
• encourages conduct that would constitute a criminal offence or give rise to civil liability;
• violates these Terms or any guidelines or policies posted by BusinessTraining-TV; or
• interferes with any other party’s use of the BusinessTraining-TV Services.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the BusinessTraining-TV Services with respect to any or all users, at any time without notice. You acknowledge that BusinessTraining-TV may do so in Vocam’s sole discretion. You also agree that Vocam or BusinessTraining-TV will not be liable to you for any modification, suspension, or discontinuance of the BusinessTraining-TV Services.

 

5. INTELLECTUAL PROPERTY

All intellectual property in relation to content on this Site belongs to Vocam or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content. All rights not expressly granted under these terms of use are reserved by Vocam. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission. The Vocam logo and the BusinessTraining-TV logos and any other logos of the Vocam sites are registered trademarks of Vocam or affiliates. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

 

6. PAYMENTS

Access to the BusinessTraining-TV Site and use of the BusinessTraining-TV Services is dependent on you paying and Vocam receiving your subscription monies as specified by Vocam. You are responsible for any costs you incur to access the internet.

 

7. ACCOUNTS

There are no refunds / cancellations of BusinessTraining-TV subscriptions. We reserve the right to immediately terminate your account or your use of the BusinessTraining-TV Services at any time, without notice or liability, if Vocam determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

 

8. TRADEMARKS

Vocam, the Vocam logo, the BusinessTraining-TV logo, www.businesstraining-tv.com and other Vocam & BusinessTraining-TV marks, graphics, logos, scripts, and sounds are trademarks of Vocam. None of the Vocam trademarks may be copied, downloaded, or otherwise exploited.

 

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE BusinessTraining-TV SERVICES, YOU AGREE THAT USE OF THE BusinessTraining-TV SERVICES IS AT YOUR OWN RISK. THE BusinessTraining-TV SERVICES, INCLUDING THE BusinessTraining-TV SITE AND THE OTHER VOCAM SITES, THE CONTENT, THE VIDEO PLAYER, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VOCAM DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE BusinessTraining-TV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL VOCAM OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “VOCAM PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE BusinessTraining-TV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BusinessTraining-TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VOCAM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE BusinessTraining-TV SERVICES.

 

10. GENERAL INFORMATION

These Terms & Condition shall be governed by and interpreted in accordance with the laws of Victoria.

If you see other parties violating these Terms from time to time, we would appreciate it if you would let us know at privacy@vocam.com. Precisely how Vocam responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case.

Please note that these Terms of Use, including Vocam’s Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and BusinessTraining-TV and govern your use of the BusinessTraining-TV Services (but excludes any services, if any, that Vocam may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Vocam in relation to the BusinessTraining-TV Services. These Terms may not be amended or varied except in a writing signed by Vocam. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Users will not use this site for any purpose or in any way which is unlawful.

Thank you for taking the time to read these Terms of Use. These Terms of Use will be updated from time to time, so you should check back frequently to read the most recent Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the BusinessTraining-TV Services!