Thank you for using Kólá Abímbọ́lá LMS. As a learner enrolled in one of my courses, you are required to use, access and interact with the learning management system (“LMS”), which includes all content, information, and functionality available through the https://abimbola.us domain name, mobile applications, and any other media, telephony, software, devices or networks now in existence or developed later in connection with the program or other functionality displayed or available to you through this LMS.
Learning Management System Services
Kọ́lá Abímbọ́lá LMS provides the LMS as a service to you in order to facilitate your studies in classes you take with Dr. Kọ́lá Abímbọ́lá. You are required to use the LMS to participate in my courses, such as to attend class sessions or discussions, obtain faculty feedback, or submit assignments. You agree that Kọ́lá Abímbọ́lá LMS may record, archive and make available recordings of live class sessions through the LMS (the “Recordings”) for your reference. The Recordings may be made available to other users who access the LMS who have a need to view the Recordings as part of their participation in my courses.
In addition, by using the LMS, you acknowledge and agree that Kọ́lá Abímbọ́lá may communicate with you and send you administrative messages and service announcements regarding your participation in my classes (the “Class Communications”). You are not permitted to opt out of receiving the Program Communications while enrolled in my classes.
Account Information Obligations
You are responsible for submitting, maintaining and updating information you submit through your account (such as your user name and password) (“Your Account Information”) to ensure that all information is and remains accurate, current, and complete. You are solely responsible for all activity associated with your account information, including your online conduct and use of the LMS and the consequences of any such use. As such, you should maintain the confidentiality of your account login and password.
LMS Materials; Use Restrictions
The LMS contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, user generated content, and compilations of individual data), trademarks, trade names, other proprietary information, and other content such as text, graphics, images, photographs, illustrations, logos, information obtained from Kọ́lá Abímbọ́lá LMS’s licensors (collectively, “LMS Materials”). You acknowledge and agree that Kọ́lá Abímbọ́lá LMS retains all ownership, rights, title and interest to and in the LMS Materials. You represent and warrant that you will not: (i) copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any LMS Materials (including but not limited to any LMS Materials that you download), excluding information that is in the public domain or has been licensed to you; and (ii) endeavor to ascertain any source code used in connection with the LMS.
By publishing, uploading, displaying or transmitting Your Content to the LMS, you permit and direct the Kọ́lá Abímbọ́lá LMS to create such copies of Your Content as may be deemed necessary in order to facilitate the posting and storage of Your Content on the LMS. By publishing, uploading, displaying, or transmitting Your Content to the LMS, you hereby grant to Kọ́lá Abímbọ́lá LMS a limited, transferable, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, or publicly display Your Content. You may remove Your Content at any time, unless otherwise instructed by your professor. If you remove Your Content, you agree that Kọ́lá Abímbọ́lá LMS may preserve archived copies of Your Content and that any previous uses by Kọ́lá Abímbọ́lá LMS prior to your removal shall remain fully permissible as set forth hereunder.
By publishing, uploading, displaying or transmitting Your Content to the LMS, you understand and agree that other users of your LMS community may access, view, store and reproduce any of Your Content posted by you on the LMS to the extent permitted herein, subject to any applicable restrictions.
User Code of Conduct
Kọ́lá Abímbọ́lá LMS provides the LMS to you for your personal, educational, and non-commercial use only. You agree that Your Content does not include any libelous, defamatory, or otherwise unlawful material, or violate or infringe upon the rights of any third party, including but not limited to any and all copyright, trademark, privacy, publicity, or other personal or proprietary rights.
Additionally, you represent and warrant that you will not visit or use the LMS to:
publish, upload, display, transmit, or otherwise make available:
any of Your Content that Kọ́lá Abímbọ́lá LMS may reasonably deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, false, invasive of privacy or publicity rights, hateful, discriminatory, defamatory, or racially, ethnically, or otherwise (similarly) objectionable;
any of Your Content that would constitute, encourage, or provide instructions for a criminal offense or violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
any of Your Content that Kọ́lá Abímbọ́lá LMS may reasonably deem to be objectionable, that restricts or inhibits any other person from using or enjoying the LMS, or that may expose Kọ́lá Abímbọ́lá LMS or LMS users to any harm or liability of any type;
engage in any unlawful conduct or act in any other manner that could damage, disable, overburden, or impair the LMS;
obtain email addresses or other contact information of any individual from the LMS for the purposes of sending unsolicited emails or other unsolicited communications for commercial purposes or unrelated to your participation in the Program;
intimidate or harass any individual;
use automated scripts to collect information from or otherwise interact with the LMS;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or
use or attempt to use another’s account, service, or system without authorization from Kọ́lá Abímbọ́lá LMS, or create a false identity on the LMS.
You are solely responsible for your interactions with any other individuals who visit or use the LMS and resolving any disputes that might arise due to your interactions. Notwithstanding the foregoing, Kọ́lá Abímbọ́lá LMS reserve the right to monitor disputes between you and any other individual who visits or uses the LMS and to take any action that they, in their sole discretion, deem necessary up to and including termination of an individual’s access to and use of the LMS.
Hyperlinks from the Website
The LMS may contain hyperlinks to other websites and webpages (“Third-Party Websites”) as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Kọ́lá Abímbọ́lá LMS does not investigate, monitor, or review any Third-Party Website or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Kọ́lá Abímbọ́lá LMS is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the LMS does not indicate Kọ́lá Abímbọ́lá LMS’s approval or endorsement thereof. If you choose to leave the LMS to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Intellectual Property Rights
Trademarks, logos, and service marks displayed or otherwise used on the LMS, including, but not limited to “Southern Methodist University” and “Kọ́lá Abímbọ́lá LMS” (collectively the “Intellectual Property”), are registered trademarks of Kọ́lá Abímbọ́lá LMS. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Kọ́lá Abímbọ́lá LMS, the University, or their licensors, affiliates, principals, or partners. Nothing contained on the LMS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the LMS without the written permission of Kọ́lá Abímbọ́lá LMS or the third party that may own the Intellectual Property displayed on the LMS. Your misuse of the Intellectual Property displayed on the LMS is strictly prohibited.
Digital Millennium Copyright Act
Any copyright owner or its agent that believes that any Materials or other content on the LMS infringes upon its copyright(s) should give written notice to Kọ́lá Abímbọ́lá LMS’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to Kọ́lá Abímbọ́lá LMS shall contain the following information:
- A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit Kọ́lá Abímbọ́lá LMS to locate the material;
- The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
- A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to Kọ́lá Abímbọ́lá LMS’s at: email@example.com .A notice may not be valid if it fails to comply with all of the above-listed requirements
Disclaimers and Warranties
KỌ́LÁ ABÍMBỌ́LÁ LMS PROVIDES THE LMS “AS IS” AND “AS AVAILABLE,” AND KỌ́LÁ ABÍMBỌ́LÁ LMS, ITS SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LMS WILL MEET YOUR ACADEMIC REQUIREMENTS; (B) YOUR USE OF THE LMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LMS WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE LMS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KỌ́LÁ ABÍMBỌ́LÁ LMS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KỌ́LÁ ABÍMBỌ́LÁ LMS, IT’S SUBSIDIARIES, AGENTS, AFFILIATES, AND LICENSORS SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH KỌ́LÁ ABÍMBỌ́LÁ LMS MAY MAKE TO THE LMS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LMS (OR ANY FEATURES WITHIN THE LMS); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LMS; (III) YOUR FAILURE TO PROVIDE KỌ́LÁ ABÍMBỌ́LÁ LMS WITH ACCURATE PERSONAL INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON KỌ́LÁ ABÍMBỌ́LÁ LMS’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT KỌ́LÁ ABÍMBỌ́LÁ LMS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Modification or Suspension of the LMS
You agree that Kọ́lá Abímbọ́lá LMS may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the LMS, any part thereof or any LMS Materials, temporarily or permanently, without notice or liability to you.
Governing Law; Severability