This Terms of Service Agreement ("Terms") is a valid, binding contract between you and Illumen Studios, LLC ("Illumen"). This Agreement provides the terms and conditions of your subscription to eLearning Locker (“Site”).

By clicking on the "I AGREE" button, You acknowledge and agree that You have reviewed and understand this terms of service agreement. If You do not agree or are not willing to be bound by this agreement, do not click on the "I AGREE" button, and do not seek to obtain or continue using eLearning Locker content.

User License

  1. A User License is a subscription for a single person to have access to some or all content available in the Site. A User License, or Single User License, allows only one person, either you or one person on behalf of you (you being a payor), access to the Site.
  2. An eLearning Locker Account can have several User Licenses purchased for one Account.
  3. Shared usernames and passwords, shared browser sessions, or other multi-user access is not permitted to those who do not have a User License for the Site..

Content

Content is considered any Intellectual Property on the Site. "Intellectual Property" means any and all creationsassociated with the Site and all related Content including, but not limited to, template, layout, designs, game, animation, image, graphic, audio, and music files.

Content Use and Obligations

  1. Content is to be downloaded as needed and the files are not to be stockpiled as a reserve for future use.
  2. To limit stockpiling, Content downloads may be limited to 20 downloads a day.
  3. Content is not to be resold in the form of a template file, stock file or stock image or graphic. These files cannot be combined or be edited and be resold or distributed as stock assets.
  4. The content can be included as part of a resold published learning module that does not include source files.

Site Use and Obligations

  1. You are at least 18 years of age and have the right to enter into this Agreement.
  2. You will not use the Content in any way that is not permitted by this Agreement.
  3. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
  4. The information you provide to the Site is accurate and true, including, without limitation, all credit card information.
  5. The eLearning Locker Site must be used as defined on the Site’s instructions.
  6. The Site is not to be hacked, tampered with in any way, or logged in to from an administrator or user level without permission or a User License.

Renewals

A Renewal is an automatic payment for re-subscription and continuation of a User License. Automatic renewals will be setup upon initial payment and registration of the Site. A renewal takes place every year after the initial payment and registration of the Site. It is on the part of the subscriber to cancel their subscription when they no longer use the subscription. This agreement automatically renews with the renewal of a subscription.

Refund

There is no refund for a purchase and all payments are final.

Cancellation

The subscription to the Site can be canceled by emailing info@elearninglocker.com and requesting the cancellation. Because a payment is for a year of site access, the cancellation of the subscription will occur at the time the next renewal would normally take place. No further renewal payments will occur and the Site or Content will no longer be available.

Termination

Illumen Group may suspend or terminate a Subscription or User License at any time if the Terms have not been followed or if there is suspicion of the Terms not being followed. If Your Agreement is terminated or suspended, You shall no longer use the Site or Content.

Ownership

  1. The System and all related Intellectual Property (as defined below) is now and will remain the exclusive property of Illumen Studios, LLC. "Intellectual Property" means any and all intellectual property associated with the Site and all related Content including, but not limited to, templates, designs, images, …
  2. The Published Works (as defined) and all intellectual property rights associated will remain your exclusive property, subject to the non-exclusive license granted to... [User has right to sell published work]

Warranty

  1. While elearning locker does its best to provide quality products, it does not warrant the accuracy of information or functionality of its content and any products. The site does not represent or warrant that the content will meet your requirements. You may use the content as-is and elearning locker or illumen studios has no obligation to fix errors or functional problems.
  2. The entire risk as to the quality and performance of the content is with you. Should the content prove defective, you (and not the site, elearning locker, or illumen studios, llc.) Assume the entire risk and cost of all necessary corrections.
  3. The site has many files in many formats and does not warrant that any of these formats will work with other software or hardware.

Indemnification

You agree to indemnify, defend and hold Illumen Studios and eLearning Locker, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.

Limitation of Liability

In no event shall illumen studios, llc, elearning locker, or any of its affiliates or content providers or their respective directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the content, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

Changes to Service and Pricing

Illumen reserves the right to change any aspect of the services, products, pricing, or pricing model at any time.

Changes to Terms and Conditions (This Agreement)

Illumen reserves the right to amend these Terms and Conditions at any time. Your continued use of the Site following the posting of any amendments to these Terms and Conditions constitutes your acceptance of those changes and Illumen has no obligation to inform you of such changes in any other manner.

Acknowledgement

You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. You agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and illumen, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and illumen relating to the subject of this agreement.

Contact Us

If you have any questions regarding this agreement or the eLearning Locker site, please email us at info@elearninglocker.com or call us at 847-440-2222.

Privacy Policy

Our Privacy Policy can be viewed here.

This document was last updated on July 25, 2014