[vc_row][vc_column][vc_column_text]TERMS AND CONDITIONS
Signing authority for user below 18 will be their legal guardian, whose details has to be provided in the required field.
Welcome to the LALIMBER.COM’s terms and condition. These terms and conditions (“Terms and Conditions”), are between LALIMBER.COM and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.LALIMBER.COM.com (“Website”) and/or our website ‘LALIMBER.COM’ you agree to be bound by the provisions of these Terms and Conditions.
Specific Instruction to User
Lalimber.com Website’s Main Focus is to enhance the Intelligence and Talent of the User. Lalimber.com website will be a comprehensive Education guide to the user . User has all the right to utilize this medium and enhance their Talent. At the same time, they possess a responsibility of accessing the lalimber.com website for required purpose failing which their account will be termination permanently.
Lalimber.com is a facilitator for providing online coaching and counseling.
Lalimber.com website will not be responsible for content posted by its 3rd party service provider which include both Educator and counselor.
Here 3rd party service provider includes “EDUCATOR AND CONSELOR”.
ABOUT THE WEBSITE:
Lalimber provides three types of services,
1. Online education by providing subject related videos which will be uploaded by 3rd party educator and counselor who will get the 50% of net amount after deducting all the taxes and basic marketing expenses of your course.
2. Online counseling’s like Career counseling, admission counseling, motivational counseling and improving mental health counseling.
3. Online quiz program for entertainment and for improvement of knowledge.
All the facilitation will herein after refer as “ lalimber.com Platform” . Lalimber strictly states that it is only a facilitator, does not take liability for 3rd party service provider. It is upto the user to utilize the medium with utmost care.
1.1. These Terms and Conditions apply to all Users of the LALIMBER.COM Platform, including educators who are also contributors of User Content on the LALIMBER.COM Platform. The LALIMBER.COM Platform includes all aspects of the Website and Websites which includes but is not limited to products, software, Counseling, quiz program and service offered via the LALIMBER.COM Platform, such as the LALIMBER.COM online platform introduces from time to time.
1.2. LALIMBER.COM Platform is an online platform that supports and facilitates the online uploading of educational videos/or tutorials, by the Users of the LALIMBER.COM Platform and acts as an intermediary between the educator and the User. A User may upload a video, audio clip or tutorial, by using the LALIMBER.COM Platform. Such content uploaded through the use of the LALIMBER.COM Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that LALIMBER.COM has no control over and assumes no responsibility for, the User Content and by using the LALIMBER.COM Platform; you expressly relieve LALIMBER.COM from any and all liability arising from the User Content.
1.5. You agree and acknowledge that LALIMBER.COM shall have the right at any time to change or discontinue any aspect or feature of the LALIMBER.COM Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, LALIMBER.COM may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. LALIMBER.COM reserves the right to refuse access to the LALIMBER.COM Platform, terminate Accounts, remove or edit contents without any notice to You.
2. ACCESS, PERMISSIONS AND RESTRICTIONS
LALIMBER.COM hereby grants you permission to access and use the LALIMBER.COM Platform as set forth in these Terms and Conditions,provided that:
2.1 You agree not to distribute in any medium any part of the LALIMBER.COM Platform or the content without LALIMBER.COM’s prior written authorization.
2.2 You agree not to alter or modify any part of the LALIMBER.COM Platform.
2.3 You agree not to access content of any other User through any technology or means other than the video playback pages of the LALIMBER.COM Platform itself.
2.4 You agree not to use the LALIMBER.COM Platform for any of the following commercial uses unless you obtain LALIMBER.COM’s prior written approval:
the sale of access to the LALIMBER.COM Platform;
the sale of advertising, sponsorships, or promotions placed on or within the LALIMBER.COM Platform or content; or
the sale of advertising, sponsorships, or promotions on any page or website that provide similar LALIMBER.COM Platform as that of LALIMBER.COM.
2.5 You agree to receive installs and updates from time to time from LALIMBER.COM. These updates are designed to improve, enhance and further develop the LALIMBER.COM Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit LALIMBER.COM to deliver these to you) as part of your use of the LALIMBER.COM Platform.
2.6 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the LALIMBER.COM Platform in a manner that sends more request messages to LALIMBER.COM’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LALIMBER.COM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. LALIMBER.COM reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the LALIMBER.COM Platform, nor to use the communication systems provided by the LALIMBER.COM Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the LALIMBER.COM Platform with respect to User Content.
2.7 You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give LALIMBER.COM, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its LALIMBER.COM Platform and in any of its marketing or promotional activities.
2.8 In your use of the LALIMBER.COM Platform, you will at all times comply with all applicable laws and regulations.
2.9 LALIMBER.COM reserves the right to discontinue any aspect of the LALIMBER.COM Platform at any time with or without notice at its sole discretion.
2.10 LALIMBER.COM reserves the right to remove the content at any point without the prior permission of the educator. At the same time, 3rd party or the user barred from removing the contents uploaded by the user or 3rd party.
3 CONTENT USE
In addition to the Specific restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
3.1 LALIMBER.COM Content utilized on the LALIMBER.COM Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to LALIMBER.COM and subject to copyright and other intellectual property rights under the law.
3.2 User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the LALIMBER.COM Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by LALIMBER.COM on the LALIMBER.COM Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of LALIMBER.COM or the respective licensors of the User Content. LALIMBER.COM and its licensors reserve all rights not expressly granted in and to the LALIMBER.COM Platform and the User Content.
3.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the LALIMBER.COM Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the LALIMBER.COM Platform or the User Content therein.
3.4 You understand that when using the LALIMBER.COM Platform, you will be exposed to User Content from variety of sources and by different Users, and that LALIMBER.COM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LALIMBER.COM with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless LALIMBER.COM, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the LALIMBER.COM Platform.
4 CONTENT AND CONDUCT
4.1 As an LALIMBER.COM User, you may submit User Content on the LALIMBER.COM Platform, including videos and User comments. You understand that LALIMBER.COM does not guarantee any confidentiality with respect to any User Content you submit.
4.2 You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the LALIMBER.COM Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant unlimited license to LALIMBER.COM to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the LALIMBER.COM Platform pursuant to these Terms and Conditions for the duration the said User Content is available on LALIMBER.COM Platform.
4.3 For clarity, you do not retain your ownership rights in your User Content. However, by submitting User Content to LALIMBER.COM, you hereby grant LALIMBER.COM , worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the LALIMBER.COM Platform and LALIMBER.COM’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the LALIMBER.COM Platform in any media formats and through any media channels. You also hereby grant each User of the LALIMBER.COM Platform is non-exclusive license to access your User Content through the LALIMBER.COM Platform.
4.4 User or 3rd party educator at the discretion of Lalimber.com can remove the video or content provided your request should satisfy the lalimber.com.
4.5 You further agree that User Content you submit on the LALIMBER.COM Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LALIMBER.COM all of the license rights granted herein.
4.6 Furthermore, you confirm that the User Content uploaded by you is not:
4.6.1 False, inaccurate or misleading;
4.6.2 Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.6.3 Violate any law, statue, ordinance or regulation;
4.6.4 defamatory, unlawfully threatening or unlawfully harassing;
4.6.5 obscene or contain pornography.
4.6.6 Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4.7 You understand and confirm that you shall not during your use of the LALIMBER.COM Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of LALIMBER.COM that you are engaged in any kind of harassment of other Users, then in such a case you agree that LALIMBER.COM shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
4.8 LALIMBER.COM at its sole discretion may process any audio or audio-visual content uploaded by you to the LALIMBER.COM Platform to confirm if the same is in accordance with the LALIMBER.COM internal quality requirements and is compatible with the LALIMBER.COM Platform.
4.9 LALIMBER.COM does not endorse any User Content submitted on the LALIMBER.COM Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and LALIMBER.COM expressly disclaims any and all liability in connection with User Content. LALIMBER.COM does not permit copyright infringing activities and infringement of intellectual property rights on the LALIMBER.COM Platform, and LALIMBER.COM will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. LALIMBER.COM reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
5 LALIMBER.COM INTELLECTUAL PROPERTY RIGHT
The LALIMBER.COM Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the LALIMBER.COM Platform is owned and controlled by LALIMBER.COM and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, LALIMBER.COM owns all IPR to and into the trademark “LALIMBER.COM”, “LALIMBER.COM PLUS” and the LALIMBER.COM Platform.
The mark “LALIMBER.COM” is the sole property of LALIMBER.COM. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from LALIMBER.COM.
6 TERMINATION OF ACCOUNT
6.1 LALIMBER.COM will terminate a User’s access to the LALIMBER.COM Platform, if
6.1.1 the User is a repeat copyright infringer;
6.1.2 the Users breaches any terms of these Terms and Conditions.
6.1.3 Violation of any applicable laws;
6.1.4 your use of the LALIMBER.COM Platform disrupts our business operations or affects any other party/ User; or
6.1.5 you have behaved in a way, which objectively could be regarded as appropriate or unlawful or illegal or which would bring any claims against LALIMBER.COM.
6.2 LALIMBER.COM reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that LALIMBER.COM deems fit from time to time. LALIMBER.COM may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of these Terms and Conditions.
6.3 We may suspend access to the LALIMBER.COM Platforms or require You to change Your password if we reasonably believe that the LALIMBER.COM Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the LALIMBER.COM Platforms will not affect liability previously incurred by You.
7 EFFECTIVE OF TERMINATION
In case any of the above-mentioned cases occur, LALIMBER.COM reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
7.1 User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
8 COPYRIGHT INFRINGEMENT
9.1 LALIMBER.COM operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
9.2 As part of LALIMBER.COM’s copyright policy, LALIMBER.COM will terminate User access to the LALIMBER.COM Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
9.3 If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
9.4 Notice of Copyright Infringement:
9.5 Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on LALIMBER.COM Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
9.5.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
9.5.2. A description of the copyrighted work that you claim has been infringed upon;
9.5.3. A description of where the material that you claim is infringing is located on the LALIMBER.COM Platform, including the educator name, topic and any other detail identifying the infringing content;
9.5.4. Your email address, your physical address and telephone number;
9.5.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
9.5.6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at firstname.lastname@example.org
Or contact us by:
Our policy to deal with Copyright infringements:
The detailed process is as under:
9.6. First case of violation- The infringing User Content is taken down and educator is given a warning and is suspended for a week from making any new courses.
9.7. Second case of violation- The educator is suspended from making any more videos on the LALIMBER.COM Platform for a month and all User Content that amount to copyright violations are brought down immediately.
9.8. Third violation- The educator is banned from the LALIMBER.COM Platform and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of LALIMBER.COM, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the LALIMBER.COM Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to LALIMBER.COM or LALIMBER.COM Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of LALIMBER.COM and any breach of the same shall cause irreparable damage to us.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall lalimber.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content or any other content available at lalimber.com, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our lalimber.com platforms, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the lalimber.com platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our lalimber.com platforms by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the lalimber.com platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not lalimber.com is advised of the possibility of such damages.
Lalimber.com herewith does not provided guaranty or warranty for the content posted by third party.
You specifically acknowledge that lalimber.com shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The lalimber.com platform is controlled and offered by lalimber.com from its facilities in India. Lalimber.com makes no representations that the lalimber.com platform is appropriate or available for use in other locations. Those who access or use the lalimber.com platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. FEES AND PAYMENT
Lalimber.com reserves the right to require payment of fees for certain Services. You shall pay all applicable fees, as described on the Site in connection with any such Services selected by you. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable. The revenue structure includes:
1. Basic lalimber programmes – Revenue will be 50% of net amount after deducting all the taxes and 15% of basic marketing expenses of your course.
2. Lalimber boost program – 25% of the total net amount and the company will be helping to boost marketing game with different strategies though the company doesn’t guaranty the results it can only try and help you boost your sales by all the strategies.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LALIMBER.COM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the LALIMBER.COM Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the LALIMBER.COM Platform.
14. ELIGIBILITY TO USE AND ACCEPTANCE OF THE TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the LALIMBER.COM Platform.
LALIMBER.COM reserves the right to refuse access to use the LALIMBER.COM Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our LALIMBER.COM Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the LALIMBER.COM Platform is subject to the most current version of the Terms and Conditions made available on the LALIMBER.COM Platform at the time of such use.
15. FORCE MAJEURE
LALIMBER.COM shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
16. INFORMATION TECHNOLOGY ACT
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
17. OTHER LAWS
Certain laws require to maintain data with respect to the LALIMBER.COM Platform and other personal information in a prescribed format and LALIMBER.COM will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
18. GOVERNING LAW AND JURISDICTION
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Maharastra, India.
19. MODIFICATION, AMENDMENT OR TERMINATION
LALIMBER.COM may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the LALIMBER.COM Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the LALIMBER.COM Platform shall be in writing and sent to the registered office of LALIMBER.COM. We do not guarantee continuous, uninterrupted or secure access to the LALIMBER.COM Platform, and operation of the LALIMBER.COM Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.[/vc_column_text][/vc_column][/vc_row]