Privacy, Security, Usage and License

Introduction
We are committed to the highest security and privacy standards in all our courseware and online systems. We are committed to continuously assess this Policy against new systems, business practices and standards being enacted by other courseware and internet-based companies.

Breadth of Policy
This Policy guides how we collect and use information about subscribers to our online learning service/systems and Users of our courseware that access our online service. It does not extend to individuals who submit information to us outside of our online learning service. Please read this Policy in its entirety. By using our software, which includes its courseware and online services, you consent to the practices and terms of this Policy and License.

Collection and Use of Information
We are particularly committed to the safety and security of children under the age of 13 who use our online learning service/systems. We make every effort to conform to The Children's Online Privacy Protection Act (COPPA) http://www.coppa.org/. If we learn that personally identifiable information of persons under 13 years of age has been collected on the our sites, then once we are informed we will take the appropriate steps to delete this information.

In order to access our courseware and associated online systems, we may require that schools provide us with information including a school's designated contact's name, e-mail address, username, title and password. When seeking technical support, we may request the school to provide us with a phone number so that we can contact your designated staff member directly concerning your particular support needs.

We also collect certain information about each user's computer hardware, software and courseware usage. This information may include: IP address, browser type, operating system, domain name, access times, completion data, discussion text, leader board position, hard-disc serial number, amount of available memory, CPU type, CPU speed, operating system version, screen width and depth, and referring Web site addresses. This information is used for the operation of the courseware and online systems, to maintain quality of the service, and to provide general statistics regarding use of the system.

The Information We Collect
  • Cookies Information: When you visit our sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the our sites may not function properly if the ability to accept cookies is disabled.
  • Log File Information: When you use our sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
  • Clear GIFs Information: When you use our sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way We Use Information
  • We take all reasonable steps not to collect individually identifiable information about a student/user such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child.
  • Any personal information or video content that authorized school staff voluntarily or involuntarily disclose online within a school's publicly published content becomes publicly available and can be collected and used by others. Your school name is displayed to other users when you upload videos or other content through our sites and other users can contact you through messages and sharing. Any videos that you submit to our sites which are not specifically marked by the approved school staff as Private may be viewed by the general public.
  • We do not use your school email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your school email address without further consent for non-marketing or administrative purposes (such as notifying you of any major site changes or for customer service purposes).
  • We use certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click-stream data, etc.) to improve the quality and design of our sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.
  • We use cookies, clear gifs, and log file information to: (a) provide custom, personalized content and information; (b) monitor the effectiveness of our marketing campaigns; (c) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, and status in promotions, sweepstakes, and contests.
We may disclose your school information to any outside contractors, related companies and/or other companies that we use to ship products, provide technical support, handle order processing and/or otherwise act on our behalf for the purpose of providing products and services.

We may also disclose your school information in the good faith belief that disclosure is necessary to resolve disputes, investigate problems, conform to the law or comply with legal process, protect and defend the rights, property, and safety of our company, its affiliates or partners, our and their respective employees and customers, or members of the public; or in connection with any sale of our company or any substantial portion of its assets.

Except as described in this Policy, we will not share any school or personal information (whether required or voluntarily provided) with a third party without that school's or person's permission.

Information we collect may be stored and/or processed in any country where we or our affiliates, subsidiaries or agents maintain facilities. By using the courseware, system and site, you consent to the transfer of information outside of your country.

Where students and administrators are sponsored by a school, we require the school to specify a username and password for each student/user who will access an interactive element of our service. Creating a username and password for a student/user is solely the responsibility of the school. All student/user access to the areas of our online learning service that require a login is through a school-sponsored subscription, as above. All information gathered through the online learning service may be revealed to the student's/user's sponsoring school. This Policy does not extend to the use of personal information by the relevant subscribing school.

Where the students and administrators are not sponsored by an employer we may require basic contact information (including name and email address) when you access our courseware and online systems, as above. Upon registration, you must also specify a username and password that will enable you to access the particular course(s) and/or online systems.

Changing Your Personal Information
We strive to keep your school information accurate and up-to-date. Should you find inaccuracies in your school information, please update your information by sending it to our email address below.

We use an optional Cookie to store your login names and other data created by you when using the courseware, online systems or site. Cookies are small data files that are transferred from a Web server to your browser. These files contain information that may later be read back by the Web server for record keeping purposes. Cookies provide you the ability to re-enter some of our systems without retyping your password. While Cookies allow for simpler access to our systems, you may access our systems without them. If you desire, most Internet browsers allow you to erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored.

We do not host chat rooms and/or facilitate threaded message board discussions in connection with any of our courses and/or online systems.

Our online system may feature links to external websites, including those of our affiliates and third party partners. We recommend that you review the privacy policy of any external website that you may enter from our site.

Our online learning service features event-triggered messages to facilitate use of the service, including, but not limited to, password reminders, registration confirmations and course/class start reminders.

We use a variety of security technologies and procedures to help protect students'/users' personal information from unauthorized access, use, or disclosure.

We may make changes to this Policy at any time. If we make any changes to this Policy, we will post the changes on our site. You should check this Policy so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of our service following any changes constitutes your agreement to this Policy, as changed.

Uploading
If you are given permission to upload content onto any of our sites, or software, by us or by an organisation that has been approved by us you confirm that you are aged over the age of 18 and if the organisation is a school that you are a registered teacher of that school.

You agree not to upload material that has any of the following: nudity, images of persons smoking, violence, bullying, images of drug use, images of persons drinking alcohol, alcohol brands, tobacco brands, identifiable information of children, viruses, Trojan horses, images of dangerous stunts, images portraying war or violent acts, guns, copyrighted material that you have no right to upload or dangerous acts that could be harmful if performed without adult or specialist supervision.

We do not claim to own the copyright of content that rightfully belongs to you or the organisation that you represent.

We advise you to not upload any content that makes any child readily identifiable, nor to use first names, second names, surnames or middle names of children. We make it clear to you that there are criminal and or negligent consequences of uploading anything that could be harmful to children and we rely on your discretion, good judgment and respect for all persons involved in your uploaded media when choosing to upload content onto our site. If you are unsure then do not upload it.

You must not represent yourself as anyone other than yourself.

Advertising
You agree that we can place adverts on any of our sites and software, and that these adverts are for the sole benefit of us.

License Agreement
Important: read this license agreement carefully before completing the registration process and using our online service. It provides a license to use our Online Learning Environment services and contains warranty information and liability disclaimers. By using our Online Learning Environment services and software, you are confirming your acceptance of the service and software and agreeing to be bound by the terms of this agreement. If you do not agree to be bound by these terms then select the "I disagree" button and or do not register for the service.

1. License Grants
(a) You may register, access and use the online service including the associated courseware, upload services and reporting systems. We reserve the right to discontinue Internet-based and online based services provided to you or made available to you through the use of the Services, Software or Courseware.

(b) You agree that we may audit your use of our service and software for compliance with these terms at any time, upon reasonable notice. You agree to give us access to your server or computer for this purpose.

(c) Your license rights under this User License Agreement are non-exclusive. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties.

2. License Restrictions
Within our Online Learning Environment services and software there are several software programs. The restrictions referred to in section 2 below relate to these programs:

(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.

(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

(c) You may not rent, lease, or sublicense the Software.

(d) You may not modify the Software or create derivative works based upon the Software.

(e) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Software, (B) download the Software under more than one username, (C) use license or distribute the Software for any commercial purpose including commercial training.

(f) You shall not use or distribute the Software for any commercial purpose.

(g) You may not export the Software.

(h) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.

(i) In the event that you fail to comply with this End User License Agreement, we may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this End User License Agreement surviving any such termination).

(j) Any time or date referred to in the software is to be real time.

3. Upgrades
If the copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier End User License Agreement and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.

4. Ownership
The foregoing license gives you limited license to use the Service and Software. We and our suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, websites and service (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by us and our suppliers.

5. Limited Warranty And Disclaimer
(a) If you have purchased the Software from us we warrant that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt or your school's receipt if your school has purchased on your behalf): (i) when used with our recommended hardware/software/internet configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) any physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.

(b) We provide no remedies or warranties, whether express or implied, for the Software. The Software is provided "as is".

(c) Except as set forth in the foregoing limited warranty, we and our suppliers disclaim all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. We do not warrant that the Software is error-free or will operate without interruption. No rights or remedies referred to in article 2A of the UCC will be conferred on you unless expressly granted herein. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. We specifically disclaim any express or implied warranty of fitness for such purposes.

(d) If applicable law requires any warranties with respect to the software, all such warranties are limited in duration to ninety (90) days from the date of delivery.

(e) No oral or written information or advice given by us, our dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein.

6. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to us no more than ninety (90) days following delivery to you, we will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or if the Software has been purchased refund to you your purchase price for the Software, at our option. We shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than our recommended hardware/software/internet configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. This remedy is the sole and exclusive remedy available to you for breach of express or implied warranties with respect to the software and related documentation.

7. Limitation of Liability
(a) Neither we nor our suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the Software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we or our representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

(b) The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this End User License Agreement.

(c) We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any part of our software programs, websites or services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of our software programs, websites or services or combination thereof, whether accidental or intentional, including any injury or damage to a user's or to any person's computer related to or resulting from participation in uploading, downloading or viewing materials in connection with our software programs, websites or services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our software program, website or service or from any content posted on or through our software programs, websites or services, or from the conduct of any users of our software programs, websites or services, whether online or offline. Our software programs, websites or services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of our software programs, websites or services.

8. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between us and you. We would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability are for the benefit of us.

General
This End User License Agreement and Policy shall be governed by the internal laws of New Zealand, without giving effect to principles of conflict of laws. This End User License Agreement and Policy contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of us to exercise any of our rights under this End User License Agreement and Policy or upon any breach of this End User License Agreement and Policy shall not be deemed a waiver of those rights or of the breach.

None of our dealers, agents or employees are authorized to make any amendment to this End User License Agreement or Policy.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

All questions concerning this End User License Agreement shall be directed to our address below made attention to the Managing Director. The trademarks contained in our Software and websites are trademarks or registered trademarks of ours in New Zealand and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This End User License Agreement and Policy does not authorize you to use our or our licensors' names or any of their respective trademarks.

"BSL-IT" is a trademark of BSL-IT Limited. "Bookless Learning" is a trademark of BSL-IT Limited. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.

We reserve the right to modify this Agreement at any time by providing such revised Agreement to you or by publishing the revised Agreement on our website. Your continued use of our Software shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You acknowledge that the Agreement is subject to changes by us from time to time and you agree to review periodically the latest version of the Agreement at www.booklesslearning.com/eula.

Definitions
"Bookless Learning Limited", "BSL-IT", "We", "Us", "Bookless Learning" , "Ollie", "Online Learning Environment", "BAS" and "Our" means BSL-IT Limited.

"Software" means the BSL-IT Bookless Learning software program(s), courseware, online systems, websites and third party software programs, in each case, supplied by BSL-IT herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.

This software End User License Agreement is a legal agreement between you and BSL-IT Limited. This End User License Agreement shall apply only to the software supplied by BSL-IT herewith regardless of whether other software is referred to or described herein. Copyright 2007 BSL-IT Limited.

Copyright
Microsoft©, Outlook©, Word, Excel, PowerPoint©, Access and Windows© are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Screen shot(s) reprinted by permission from Microsoft Corporation.

The Apple logo, Macintosh and Mac are trademarks of Apple Computer, Inc., registered in the US and other countries.

Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing a screen shot of the page containing the offending material in the body of an email is the best way to help us locate content quickly. 
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Copyright Complaints
Bookless Learning
P.O. Box 7731
Sydenham, Christchurch
New Zealand
Fax: +64 9 353 1675
Email: info@booklesslearning.com

Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements:
  1. A physical or electronic signature of the subscriber. 
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 
  4. The registered User's name, address, and telephone number, and a statement that the registered User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
Bookless Learning
P.O. Box 7731, Sydenham, Christchurch, New Zealand
Fax: +64 9 353 1675
Email: info@booklesslearning.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

Copyright 2008 Bookless Learning™. All rights reserved.



Copyright 2008 Bookless Learning™. All rights reserved.