Termos De Uso Do Website Da Desire2Learn | D2L Brasil
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Termos De Uso Do Website Da Desire2Learn

This website (“the Site”) is operated by Desire2Learn Incorporated (“Desire2Learn”) and provides information about Desire2Learn, its products, services and opportunities that it offers (“the Service”). By accessing and using this Site, you agree to each of the terms and conditions set out in this document (“Terms of Use”).  Additional terms and conditions applicable to specific areas of this Site or to specific content or transactions are also published in specific areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with the applicable additional terms and conditions, will hereinafter be called “Agreement”.

Desire2Learn reserves the right to modify this Agreement at any time without prior notice. Your use of the Site after any such modification constitutes your agreement to the Agreement and its modifications. The last date these Terms of Use were revised is set out below.

1. Use of the Site

You may use the Service, the Site and the information, texts, images and / or other works that you see, hear or otherwise experience on the Site (individually or collectively, the “Content”) solely for non-commercial purposes, and / or to learn more about Desire2Learn’s products and services. No right, title or participation in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Desire2Learn reserves full ownership and all intellectual property rights in all Content. Unless expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit or derive other work from any Content obtained from the Site or the Service, unless expressly permitted by the Terms of Use.

2. Copyright

The Site and Content are protected by the copyright laws of the United States, Canada and / or other countries, and belong to Desire2Learn or its partners, affiliates, collaborators or third parties. The copyright in the Content is held by Desire2Learn or other copyright holders who have authorized its use on the Site. You may download and reprint the Content for non-commercial, private and personal use only. (If you are browsing the Site as an employee or member of any business or company, you may download and reprint the Content only for educational or other non-commercial purposes within your business or company, unless otherwise permitted by Desire2Learn , for example, in certain password-restricted areas of the Site).

3. Trademarks

The use of any marks or logos that appear on the entire Site without the permission of the trademark owner is prohibited, except as permitted by applicable law.

4. Links to third party websites

Links on the Site to third party websites or information are provided to you solely as a convenience. If you use these links, you will leave the Site. These links do not constitute or imply an endorsement, sponsorship or recommendation by Desire2Learn regarding the third party, the third party’s website or the information contained on such website. Desire2Learn is not responsible for the availability of any such websites. Desire2Learn is not responsible for any of these websites or their content. If you use links to the websites of Desire2Learn’s affiliates or service providers, you will leave the Site and be subject to the terms of use and privacy policy applicable to such websites.

5. Links to this Site

If you want to link to the Site, we recommend that you direct it directly to our homepage. You must not direct the link directly to a product on this Site. You may not mirror or frame the homepage or any other pages on this Site on any other website or webpage.

6. Download files

Desire2Learn cannot and does not guarantee that the files available for download through the Site are free from contamination by software viruses or other dangerous codes, files or computer programs.

7. Software

Any software available for download through the Site is copyrighted work by Desire2Learn and / or its licensors. When applicable, use of such software will be governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing and / or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties

Desire2Learn MAKES NO EXPRESS OR IMPLIED WARRANTIES OR ENDORSEMENTS OF ANY KIND REGARDING THE SITE, SERVICE OR CONTENT. DESIRE2LEARN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, LEGAL OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE SPECIFIC FICTION, SERVICE, THE CONTENT AND ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY THE SITE. DESIRE2LEARN DOES NOT GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL NOT BE INTERRUPTED, THAT WILL BE AVAILABLE FROM THE SAME TIME, THAT WILL BE SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR IN THE SERVICE WILL BE CORRECTED. DESIRE2LEARN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, NOR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

9. Limitation of Liability.

IN NO EVENT SHALL DESIRE2LEARN BE LIABLE FOR INDEMNITY OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY INDEMNITY FOR DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES ARISING OUT OF THE USE OR DISABILITY OF USING OR DISABLING THE USE OR DISABILITY OF USING OR DISABLING THE USE OR DISABILITY THE CONTENT; (II) ANY TRANSACTION CARRIED OUT THROUGH THE SITE OR FACILITATED BY IT; (III) ANY COMPLAINTS ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES ON THE SITE, THE SERVICE AND / OR THE CONTENT; (IV) UNAUTHORIZED ACCESS OR CHANGE OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER PROBLEM RELATING TO THE SITE, SERVICE OR CONTENT, EVEN IF DESIRE2LEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE OR THE CONTENT, OR WITH THE TERMS OF USE,

IF THE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASES, DESIRE2LEARN’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED FROM THE MINIMUM PERMITTED AMOUNT, AS LAW. DESIRE2LEARN RESERVES THE RIGHT TO EXEMPT FROM LIABILITY OUTSIDE THE JURISDICTIONS IN WHICH IT MAY BE LIABLE.

10. Indemnity

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and exempt Desire2Learn, its parent companies, subsidiaries, affiliates, consortium companies, business partners, licensors, employees, agents and any third party providing information to the Service against all claims for damages, losses, expenses, damages and costs (including, but not limited to, direct, incidental, indirect and punitive damages), and reasonable attorney’s fees arising from your use, misuse, or inability to use the Site, Service or Content, or any breach of your part of this Agreement.

11. Privacy policy

See   Desire2Learn’s Privacy Policy .

12. User conduct

You agree to use the Site only for lawful purposes. You agree not to act in a manner that compromises the security of the Site, generates inaccessibility of the Site to third parties or otherwise causes harm to the Site or the Content. You agree not to add, subtract or otherwise modify the Content or attempt to access any Content that is not intended for you. You agree not to use the Site in any way that could interfere with the rights of third parties.

13. Information provided by the user

Desire2Learn does not wish to receive confidential or private information from you through the Site. You agree that any materials, information or data that you transmit or post to us on the Site will be considered non-confidential and non-private. If you provide or publish any information or material on the Site, you warrant that you have a legal right to publish such material without violating any law or the rights of any person or entity. By publishing material on the Site, you grant Desire2Learn the global, royalty- free  , irrevocable and perpetual right to use, distribute, display and create works from this material, in any and all types of multimedia, in any way, at all or in part, without any restrictions or liability to you.

14. Password security

If you register to become a member of Desire2Learn in any way, you are responsible for maintaining the confidentiality of your member ID and password information, and for restricting access to your computer. You agree to be responsible for all activities that occur under your member ID and password.

15. General provisions

The. Full agreement / No waiver.  These Terms of Use constitute the entire agreement of the parties regarding the object of this document. No waiver by Desire2Learn of any breach or default under this instrument will be considered a waiver of any breach or default prior or later.

B. Correction of errors and inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may also not be complete or current. Therefore, Desire2Learn reserves the right to correct any errors, inaccuracies or omissions, and to change or update the Content at any time, without prior notice. However, Desire2Learn does not guarantee that any errors, inaccuracies or omissions will be corrected.

ç. Application / Choice of Law / Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, this determination will not impact any other provision of this Agreement, all other provisions remaining in full force and effect. Any and all disputes related to this Agreement, Desire2Learn’s Privacy Policy, your use of the Site, any other Desire2Learn website, the Service or Content will be governed and construed in accordance with the laws of the Province of Ontario, Canada, regardless of the legal provisions on conflict of laws.

d. Copyright Infringement Claims  Notifications of copyright infringement complaints must be sent to the Service Provider’s Designated Agent via email  info@D2L.com .

Last Modified Date: April 15, 2008