Mycareercube Service is the Service of Bhavyam Infotech Services Pte Ltd
which includes website of Mycareercube. The following Mycareercube Service Terms of Service is a legal
contract between you and Mycareercube Service regarding your use of the Mycareercube Service, and the use of
the Mycareercube Service by your personnel. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY
REGISTERING FOR, ACCESSING, BROWSING, OR USING THE Mycareercube SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, ACCEPT WITHOUT MODIFICATION, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING
THE PRIVACY POLICY, TERMS OF PURCHASE, AND TERMS OF SALE, AND ANY ADDITIONAL POLICIES AND FUTURE MODIFICATIONS
(COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR
USE OF THE Mycareercube SERVICE.
Eligibility
The Mycareercube Service is not available to persons under the age of 18
unless the content provided specifically allows for viewership for persons below age 18 or to any users
previously suspended or removed from the Mycareercube Service by Mycareercube Service. YOU HEREBY
REPRESENT THAT SATISFY THE ABOVE CRITERIA. You hereby represent and warrant that you are (i) an authorized
representative of the company, entity, or organization identified in your account submission (the
"Subscriber"), with the authority to bind such organization to these terms, and that you agree to these
terms on behalf of such subscribing organization, or (ii) an Authorized User (as defined below). References
to "You" or "Subscriber" herein refer to (i) Subscriber's corporate entity, (ii) users accessing the
Mycareercube Service on behalf of Subscriber, and (iii) Authorized Users.
- Permission to Access the Mycareercube Service
- Access to the Mycareercube Service. Subject to full compliance with these
Terms, including without limitation payment of any applicable Service Fees (as defined below), and
solely as enabled through the use of the intended features of the Mycareercube Service, Mycareercube
Service hereby grants Subscriber permission during the Term to use the Mycareercube Service to (i)
upload and distribute Your authorized content, including without limitation, videos, images,
presentation materials, documents and other text, and any other files or materials you submit, provide,
or post through the Mycareercube Service ("Subscriber Submissions"), (ii) communicate with other
users, including Authorized Users (as defined below), (iii) to access and configure your account
settings and parameters, and list of Authorized Users, to (iv) access and view and (v) to access, view,
and download or print a reasonable number of copies of content from the Mycareercube Service,
including analytics provided to You by Mycareercube Service.
- Account. Subscriber is solely responsible (i) for maintaining the
confidentiality of account password(s); (ii) for restricting access to Subscriber's account; and (iii)
for all activities that occur under Subscriber's account or password(s). If Subscriber has reason to
believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized
disclosure or use of Your account ID, password, or any applicable payment account), Subscriber shall
immediately notify Mycareercube Service. Subscriber may be liable for the losses incurred by
Mycareercube Service or others due to any unauthorized use of Subscriber's account on the
Mycareercube Service.
- Trial Period. Mycareercube Service may allow You to sign up for an initial
promotional or trial account at a reduced fee or for no fee for a limited time period. In such a case,
Your account on the Mycareercube Service (and Your access to the Mycareercube Service) will be
discontinued upon the termination of the stated trial or promotional period, unless You have signed up
for a full paid subscription prior to the end of the trial or promotional period.
- Additional Policies. You acknowledge that use of the Mycareercube Service is
additionally subject to Mycareercube Service's Privacy Policy, and any other posted policies,
guidelines or rules applicable to specific services and features which may be posted from time to time
(collectively, the "Policies"), which Policies are hereby incorporated into these Terms by reference.
The Mycareercube Service is comprised of the
following elements:
Server storage space, subject to applicable posted limits, where
Subscriber can upload and store its proprietary content and bandwidth to enable display of your
materials to Authorized Users (as defined below);
- Online tools to enable authoring and configuration of Your content,
including arranging materials you submit through the Mycareercube Service into discrete
presentations, called Presentations (as defined below);
- Authentication systems to enable Subscriber to make Subscriber Submissions
available to all users of the Mycareercube Services, or to restrict access to Subscriber
Submissions to certain authorized users, as specified by Subscriber and modified from time to time,
including without limitation, any users that you may enable to access the Subscriber Submissions by
use of embeddable Widgets (as defined below) (any such user the Subscriber grants access to its
Subscriber Submissions, an "Authorized User");
- Online tools to configure subscription levels;
- Access to Subscriber Submissions and Presentations, both directly through
the Mycareercube Service as well as through an embeddable player and other widgets, as described
below;
- Online help tools and materials, as well as certain additional technical
support services, by email and telephone, depending upon the subscription level, as described in
more detail in the Mycareercube Service Support Policy; and
- Web analytics tools to track users, and user viewing hours.
Fees
- Fees. Mycareercube Service charges subscription fees based on the amount
of user hours of viewing time Subscriber wishes to enable, subject to posted minimums (the
"Subscription Fees"). All fees charged are exclusive of any federal, state, municipal, or other
taxes of any kind that may be levied on your use of the Mycareercube Services, except for taxes
charged on Mycareercube Service's net income.
- Modification to Subscription Level. You may change Your subscription level
at any time by configuring the change through the Mycareercube Service, and the change (including
the application of the new Subscription Fees for the modified service level) will apply effective as
of the first day of the following month. If You increase Your subscription level, You will have the
benefit of the increased level during the month in which the change is made. Notwithstanding, if
Mycareercube Service determines or suspects misuse or abuse of these features to minimize or
eliminate accrual of Service Fees, Mycareercube Service may, in addition to any other remedies it
may have at law or at equity, terminate or suspend Your account on the Mycareercube Service.
- Modification of Fees. Mycareercube Service reserves the right to modify
fees on a going-forward basis, including adding new fees and offering certain features to some or
all users at discounted rates or free of charge, without liability to you. Fees will be charged
based on Mycareercube Service's then-current prices, which will be posted on the Mycareercube
Service 30 days in advance of the effective date. Mycareercube Service will use reasonable efforts
to notify Subscriber of material changes to Service Fees, and Subscriber may discontinue use of the
Service in the event such fees are not acceptable. A current listing of Mycareercube Service's
fees is located at the Mycareercube Service Pricing Page.
- Method of Payment. Mycareercube Service only accepts payments by credit
card, as indicated in the applicable payment page, and such payments are processed by Mycareercube
Service's third party payment processor. Subscriber shall ensure that payment information provided
to Mycareercube Service is at all times current, complete and accurate, and notify Mycareercube
Service if Your account is changed or canceled (e.g., if it is compromised or deactivated), and
agrees that Mycareercube Service may charge the payment instrument You provide for any applicable
Service Fees. If the charge fails, is declined, or if Your account is past due for any reason,
Mycareercube Service may collect fees owed using other collection mechanisms. Subscriber's account
may be deactivated without notice if payment is past due, regardless of the dollar amount.
- Timing of Payments. Subscription Fees are charged on the first day of the
month according to the subscription levels configured by Subscriber in effect at that time.
Subscription Fees for the first month of the subscription period are charged on a prorated basis, on
the first of the following month, along with that month's payment.
- Disputes; No Refunds. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE
TO YOUR ACCOUNT IN WRITING TO Mycareercube SERVICE WITHIN THIRTY (30) DAYS OF SUCH CHARGE,
OTHERWISE SUCH DISPUTE WILL BE WAIVED. EXCEPT AS PROVIDED IN SECTION , ALL SERVICE FEES ARE
NONREFUNDABLE.
Modification of these Terms
Mycareercube Service reserves the right, at our discretion, to
change, modify, add, or remove portions of these Terms, including the related Policies, at any time by
posting the amended Terms to the Mycareercube Service. Please check these Terms and any Policies
periodically for changes. Your continued use of the Mycareercube Service after the effective date of
the change constitutes Your binding acceptance of such changes. In the event that such a change
materially affects your rights or obligations hereunder, we will attempt to notify you of the change,
such as by sending an email to the address we have on file for You, or by generating a popup or similar
notification through the Mycareercube Service. Amended Terms or fees will automatically be effective
upon the earlier of (i) thirty (30) days after they are initially posted on the Mycareercube Service,
or (ii) Your use of the Mycareercube Service with actual knowledge of the amendment; provided,
however, that any dispute that arises under this Agreement shall be resolved according to the terms in
place at the time the dispute arose. Additionally, Mycareercube Service will notify You through the
Mycareercube Service's messaging system.
- Term and Termination
- Term. The term of these Terms shall commence on the Effective Date and
continues until terminated in accordance with the terms hereof (collectively, the "Term").
- Termination for Convenience. Either party may terminate the Mycareercube
Service for convenience at any time for any reason, provided however, that as to Subscriber, such
termination will not be effective until the end of the then-current calendar month. Without limiting
the generality of the foregoing, Mycareercube Service may suspend and or terminate You account at
any time for any actual or suspected misuse or abuse of the Mycareercube Service, or Your breach
of any of Your representations, warranties, covenants, or other obligations under these Terms.
- Suspension. Mycareercube Service reserves the right, in its sole
discretion, to suspend Your right to access the Mycareercube Service at any time and for any
length of time. In the event and for the duration of any such suspension, You may be able to log in
to Your account and access certain administrative functions, but You (and/or Your Authorized Users)
may be restricted from any or all access to Your Subscriber Submissions and/or Presentations.
- Repeat Infringers. As provided in these Terms, Mycareercube Service does
not permit copyright infringing activities on the Mycareercube Service, and will terminate access
to the Mycareercube Service, and remove all Subscriber Submissions or other content submitted by
any Subscriber or Authorized User who is found to be a repeat infringer.
- Effect of Termination. Immediately upon termination, Your rights to access
the Mycareercube Service cease, and Mycareercube Service may immediately cease making Your
Subscriber Submissions and Presentations available to You and any other Authorized Users or other
users, including through any Widget. In the event of a termination of this Agreement by
Mycareercube Service pursuant to Section , any Service Fees paid by Subscriber in respect of
viewer hours subscribed to but not yet utilized shall be refunded to Subscriber within thirty (30)
days of the cessation of the Mycareercube Service. Any amounts then outstanding shall be due and
payable upon the effective date of termination, and Mycareercube Service reserves the right to
charge Your payment instrument directly upon termination for any such outstanding Service Fees. In
addition, Mycareercube Service may offer, on a fee for service basis, engineering support services
to Subscriber to facilitate the return to Subscriber of the Subscriber Submissions in unsynchronized
form, but in no event will Mycareercube Service release the synchronized Presentations to You.
Subscriber Submissions License Grant;
Representations and Warranties
- License Grant to Mycareercube Service. You retain all right, title and
ownership to all intellectual property rights in original aspects of Your Subscriber Submissions. By
submitting Subscriber Submissions to the Mycareercube Service, You hereby grant to Mycareercube
Service a limited license to host, transfer, display, perform, reproduce, distribute, transmit, and
modify Your Subscriber Submissions, solely in order to provide Your Subscriber Submissions to
Authorized Users through the Mycareercube Service. For clarity, the foregoing license includes the
right to combine and process individual Subscriber Submissions along with Your other Subscriber
Submissions, into larger collections comprising a single presentation (each, a "Presentation"),
solely at Your direction through Your use of the Mycareercube Service, and to make such uses of
Presentations as can be made of Subscriber Submissions generally. You agree that, subject to Your
rights in the underlying Subscriber Submissions, you do not gain any ownership rights in any
Presentation, nor do you have any right to download, capture, or otherwise retrieve a copy of any
Presentation, or reproduce or redistribute copies of any Presentation.
- Additional License Grants. You grant Mycareercube Service the right to use
Your name and/or likeness and/or any names and/or likenesses that You submit in connection with Your
Subscriber Submissions in connection with operating the Mycareercube Service. You also agree to
irrevocably waive (and cause to be waived) any claims and assertions of moral rights with respect to
Your Subscriber Submissions. You hereby grant Mycareercube Service a worldwide, non-exclusive,
license to publish, broadcast and use the name, picture, voice, likeness, and/or biographical
information of any individual that You submit in connection with Your Subscriber Submissions solely
for the purpose of operating and promoting the Mycareercube Service.
- Subscriber Submissions Representations and Warranties. You are solely
responsible for Your User Submissions and the consequences of posting or publishing them. By
uploading and publishing Your User Submissions, You affirm, represent, and warrant that: (1) You are
the creator and owner of or have all the necessary licenses, rights, consents, and permissions to
use and to authorize Mycareercube Service to use and distribute Your Subscriber Submissions as
necessary to exercise the licenses granted by You in this Agreement; (2) Your Subscriber Submissions
do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right
of privacy, publicity or other property rights of any other person; (3) Your Subscriber Submissions
do not contain unlawful, fraudulent, false or misleading instruction, information, or material, or
advocate , any unlawful, fraudulent, or unethical activity; (4) You possess the knowledge and skill
in the field that Your Subscriber Submissions focus on to provide meaningful instruction in such
field; (5) Your Subscriber Submissions are not targeted at, intended for, or designed to appeal to,
users under the age of thirteen (13); and (6) Your Subscriber Submissions do not contain any
viruses, adware, spyware, worms, or other malicious code. Violators of third-party rights may be
subject to criminal and civil liability.
- Subscriber Submissions Disclaimer. Mycareercube Service is not responsible
for the quality, accuracy, usefulness, or intellectual property rights of or relating to Subscriber
Submissions and other content, and Mycareercube Service makes no representation as to Your skill,
knowledge, accreditation, credential, or expertise. Mycareercube Service does not endorse Your
Subscriber Submissions or any content, opinion, recommendation, or advice expressed therein, and
Mycareercube Service expressly disclaims any and all liability in connection with Subscriber
Submissions and other content. If notified by a content owner of an Subscriber Submission or other
content that allegedly does not conform to these Terms, Mycareercube Service may investigate the
allegation and determine in its sole discretion whether to remove the Subscriber Submission or other
content, which it reserves the right to do at any time and without notice. For clarity,
Mycareercube Service does not permit copyright infringing activities on the Mycareercube
Service.
Embeddable Player and Other Widgets
Mycareercube Service may supply certain "embeddable widgets",
consisting of HTML code that enables You to expose certain features of the Mycareercube Service
through other web sites ("Widgets"), such as Your personal web site or social networks You subscribe to,
including without limitation an embeddable player widget which allows You to enable access to Your
Subscriber Submissions through Your own web site or third party web sites that allow inclusion of such
widgets. Widgets are expressly a part of the Mycareercube Service, and their use is governed by these
Terms and any applicable associated guidelines. You may only embed Widgets on other web sites as
originally provided to You by Mycareercube Service without modification. You must ensure that any
logos, branding and other visual interface elements are visible and unmodified. You may not use
Mycareercube Service Widgets in a way that might confuse third parties as to the source or origin of
the Widget itself, or the source of the service or content that the Widget connects to and exposes.
Further, Your rights with respect to what materials You may incorporate into third party services are
governed by separate terms, which may prohibit the use of Mycareercube Service Widgets. It is solely
Your responsibility to determine whether such use is permitted by a particular third party provider, and
You agree to indemnify and hold Mycareercube Service harmless from any harms or liabilities arising in
connection with Your use of Widgets on third party web sites.
Ownership; Proprietary Rights
The Mycareercube Service is owned and operated by Bhavyam Infotech
Services Pte Ltd. The visual interfaces, graphics, design, compilation, information, computer code
(including source code or object code), products, software, services, and all other elements of the
Mycareercube Service provided by Mycareercube Service (the "Materials") are protected by the
relevant copyright, trade dress, patent, and trademark laws, international conventions, and other
relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on
the Mycareercube Service are the property of Mycareercube Service or its subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary
to Mycareercube Service or its affiliates and/or third-party licensors. Except as expressly authorized
by Mycareercube Service, You agree not to sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized
use of the Materials. Mycareercube Service reserves all rights not expressly granted in these
Terms.
Indemnification
You agree to indemnify, save, and hold Mycareercube Service, its
affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and
partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses,
arising out of Your use or misuse of the Mycareercube Service, any violation by You of these Terms, or
any breach of the representations, warranties, and covenants made by You herein, including without
limitation any claims (i) that Your Subscriber Submissions violate any intellectual property right or
other proprietary right of a third party, or (ii) arising in connection with instruction or information
You provide or any communication or contact with other users You initiate or engage in through the
Mycareercube Service, whether through Your Subscriber Submissions or through use of any communication
feature of the Mycareercube Service such as private messaging, chat, Office Hours, or otherwise.
Mycareercube Service shall use reasonable efforts to notify You of any such claim of which it becomes
aware and shall be entitled to assume, at Your expense, the defense of any such claim. In the event that
Mycareercube Service allows You to conduct the defense of such claim, You shall not, without
Mycareercube Service's prior written consent, acquiesce to any judgment or enter into any settlement
of such claim.
