These Site Terms and Conditions (the "Terms") were last updated on March 20, 2020.
These Site Terms and Conditions (the "Terms") is a legally binding agreement made by and between CC Learning JSC and you, personally and, if applicable, on behalf of the entity for whom you are using this web site or any of its services (collectively "you"). These Terms govern your use of CC Learning JSC's web site located at www.customsclearance.net (hereinafter the “Platform”) and CC Learning JSC‘s services so please read the following carefully.
These Terms address your legal rights and obligations and include important disclaimers.
1. GENERAL OVERVIEW
CC Learning JSC, its content and related Materials and Services are available to all individuals and legal entities who are fully authorized to conclude contracts (binding agreements). The proof of this criterion in the form of identification data or contact details can be requested when entering any (or some) of the Services.
You use the Services at Your own risk. CC Learning JSC is not responsible for any Content posted on the Platform.
Any Services and Content provided under these Terms are personal to you and cannot be transferred or assigned to any other person unless otherwise specified on additional documents.
You present yourself as a business person or student (collectively "user") and by no means consumer. If You do not accept this condition You must immediately stop using the Platform.
If any court or regulator decides that any provision of these Terms is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Terms and the remaining terms and conditions shall continue to have full force and effect.
We reserve the right to vary or withdraw any of the Services and Content described on the Platform without notice.
2. CHOICE OF LAW AND FORUM PROVISIONS (GOVERNING LAW)
These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Lithuania and You hereby submit to the exclusive jurisdiction of the courts of the Republic of Lithuania.
The Platform is run by CC Learning JSC, a non-governmental, privately held organization. You agree that these Terms and your use of the Platform and the materials and content placed on the Platform shall be governed by and construed in accordance with the law of the Republic of Lithuania and You hereby submit to the exclusive jurisdiction of the courts of the Republic of Lithuania. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in aforementioned local jurisdiction in all disputes:
- Arising out of, relating to, or concerning the Platform, CC Learning JSC, and/or these Terms.
- Where the Platform, CC Learning JSC, and/or these Terms is an issue or a material fact.
- Where the Platform, CC LEARNING JSC, and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
CC Learning JSC has endeavored to comply with all legal requirements known to it in creating and maintaining the Platform, but makes no representation that materials on the Platform posted by Course providers and/or Publishers, or produced by CC Learning JSC are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall govern such use.
Your use of and browsing of the Platform is at your own risk. CC Learning JSC does not warrant that the software used for the Platform, and the information, material, and content on it, or any other services and materials provided by means of the Platform or by CC Learning JSC are error-free, or that their use will be uninterrupted. CC Learning JSC expressly disclaims all warranties related to the above-mentioned subject matter, including, without limitation, those of accuracy, condition, merchantability and fitness for a particular purpose. Notwithstanding anything to the contrary on the Platform, in no event shall CC Learning JSC be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with the Platform or out of the use of any of the services proposed by means of the Platform.
CC Learning JSC make no representations or guarantees about any aspect of the content on the Platform and does not endorse any opinions expressed by any users. ALL CONTENT IS POSTED "AS IS" AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT, ADVICE OR OPINION DISPLAYED IN THE PLATFORM.
5. LEGAL DISCLAIMER
CC Learning JSC and its authors make no representations as to the accuracy, completeness, currentness, suitability, or validity of any information, material, or content on the Platform.
THE MATERIAL AND CONTENT POSTED ON THE PLATFORM AND ANY CONTENT PRODUCED BY OR PUBLISHED THROUGH CC Learning JSC ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CC LEARNING JSC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CC LEARNING JSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CC LEARNING JSC, ITS AFFILIATES AND/OR PAYMENT PROCESSING VENDORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential and or incidental damages, the above limitation may not apply to you. Furthermore, CC Learning JSC does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.
6. PROVISION REGARDING CHANGE IN ATTRIBUTION OF COPYRIGHTED MATERIALS
Please contact us at firstname.lastname@example.org if you, or your organization, wish to correct or change attribution or presentation of any image/material used on the Platform, which you, or your organization, are the rightful copyright holder of. We will request that you submit proof of your ownership of the copyright on this material but will act immediately on any reasonable request.
7. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Every effort has been made by the Platform's individual contributing authors as well as CC Learning JSC to discover and contact copyright holders of artwork/illustrations/content used on the Platform. To the extent that a copyright holder could not be found or an inadvertent permission or copyright error was made, CC Learning JSC stands ready to remove content upon notice and request by a copyright holder. In the case that you believe that any content or other material provided through the Platform allegedly infringes your copyright, you should notify CC Learning JSC of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which CC Learning JSC receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to email@example.com (subject: "Takedown Request").
The notification must contain at least the following information:
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you allegedly claim has been infringed.
- A description of where the material that you claim is infringing is located on the Platform that is reasonably sufficient to enable us to identify and locate the material.
- Means for CC Learning JSC to contact you, such as your address, telephone number, and email address
- A written 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.
- If you represent a publisher, a written statement by you that you have a good faith belief that the material has not been placed in the public domain, or licenced under another licence, before you acquired the copyright as this would possibly invalidate your copyright.
- A statement by you indicating that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. INTELLECTUAL PROPERTY
All copyright work, materials, trademarks and other parts of the Website (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) and content, or parts supplied together with the Website that are protected by copyright, remain, under any circumstance, ownership of Us or Partners. You are not entitled to use such protected content or material without having explicit authorization of Us and specific Partner. The authorization relates only for the use described in Terms and Conditions and no other.
You are neither not allowed to copy, reproduce, distribute, or benefit in any form from such materials or content, nor can You assist at or enable activities listed above to the third party.
In case You become aware of the fact that the Terms and Conditions are being violated in any way, You agree to notify Us immediately.
9. TRADEMARKS AND OTHER RIGHTS
All trademarks, logos, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited by CC Learning JSC and its authors are the property of their respective owners. The use of any trademark in our materials does not vest in the author or CC Learning JSC any trademark ownership rights in such trademarks, nor does the use of such trademarks imply any affiliation with or endorsement of CC Learning JSC and its authors by such owners. As such, CC Learning JSC cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk. Content which in CC Learning JSC's reasonable opinion are believed to constitute trademarks may or may not have been labeled as such. However, neither the presence nor absence of such labels should be regarded as affecting the legal status of any trademarks. If you, or your organization/company, sign up for a company membership with the CC Learning JSC we will use your logo - for example - on your company-specific sign-up page or on public pages where we list examples of companies that have taken up company memberships with us. By agreeing to these Terms, You allow the CC Learning JSC to use your logo on the Platform. Some companies are very particular about the usage of their logo and it you would like the CC Learning JSC to NOT use your logo, simply tell us by writing an email to firstname.lastname@example.org(subject: "Takedown Request") and we will remove your logo on the next Platform update.
10. THIRD-PARTY WEBSITES
CC Learning JSC is not responsible for the content or practices of any other website. By using the Platform, you acknowledge and agree that CC Learning JSC is not responsible or liable to you for any content or other materials hosted and served from any third party website.
11. EMAIL COMMUNICATION: CONFIDENTIAL AND PROPRIETARY INFORMATION NOTICE
Email messages sent from members of CC Learning JSC, including emails generated from the use of the Platform website, are proprietary to CC Learning JSC, and are intended solely for the use of the individual to whom they are addressed. Such messages may contain privileged or confidential information and should not be circulated or used for any purpose other than for what they are intended. If you receive a message from a member of CC Learning JSC in error, please notify the sender immediately. If you are not the intended recipient, you are hereby notified that you are strictly prohibited from using, copying, altering, or disclosing the contents of the message. CC Learning JSC accepts no responsibility for loss or damage arising from the use of the information transmitted by email message including damage from virus.
You may not use or allow others to use your username and CC Learning JSC email address to e-mail, instant message, voice mail, fax, chat, send 'spam' (e-mail) and 'spim' (instant messages), or send any other unsolicited bulk communication to users of the Platform or anyone else. You may not access the Platform to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on the Platform. Any violation of these provisions may result in immediate suspension or termination of your account.
12. USAGE CONDITIONS
Please make sure that you understand that some or all of the information provided by CC Learning JSC is being provided freely, and that no kind of agreement or contract is created between you and the owners, partners, users, or authors of this Platform, the owners of the servers upon which it is housed, the individual contributors of the CC Learning JSC, any project administrators, sysops or anyone else who is in any way connected with this project. If you choose to use or copy anything from this Platform it does not create or imply any contractual or extra-contractual liability on the part of CC Learning JSC or any of its members, partners, sponsors, affiliates, contributors or other users. Your use of any such or similar incorporeal property is at your own risk.
If a court of law finds that any provision of these Terms is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
When you purchase Material, whether it’s a free or paid Material, CC Learning JSC grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Material unless we give you explicit permission to do so in a written agreement signed by a CC Learning JSC authorized representative.
14. VIDEO COURSE ACCESS
We generally give a 1-year access license to our users when they purchase in a video course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint.
Course providers and/or Publishers may not grant licenses to their courses to users directly and any such direct license shall be null and void and a violation of these Terms.
15. ARTICLE/S ACCESS
There are two ways how you can get access to paid articles on the Platform, namely, by purchasing an individual article, and by paying a subscription fee (monthly, or annual). Either way, CC Learning JSC grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a CC Learning JSC authorized representative.
When you purchase an article individually, we generally give a lifetime access license to the purchased article. However, we reserve the right to revoke any license to access and use articles at any point in time in the event where we decide or are obligated to disable access to an article due to legal or policy reasons, for example, if the article is the object of a copyright complaint.
Monthly subscription. By purchasing a monthly subscription you agree to an initial and recurring Monthly subscription fee at the then-current Monthly Subscription Rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancelation policy.
Annual subscription. By purchasing a monthly subscription you agree to an initial and recurring Annual subscription fee at the then-current Annual Subscription Rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Annual Subscription at any time, subject to the terms of our cancelation policy.
CC Learning JSC will have the right to terminate your access to the Platform if it reasonably believes you have breached any of the terms and conditions of these Terms. Following termination, you will not be permitted to use the Platform. If your access to the Platform is terminated, CC Learning JSC reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Platform, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms will survive indefinitely unless and until CC Learning JSC chooses to terminate them, regardless of whether any account you open is terminated by you or CC Learning JSC or if you have the right to access or use the Platform.
17. FORCE MAJEURE, PLATFORM DOWNTIME, AND SERVICE OUTAGES
CC Learning JSC will not be liable for failing to perform under these Terms because of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to CC Learning JSC to perform, fire, terrorism, natural disaster, or war.
18. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Platform, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
19. BILLING, PAYMENTS, REFUNDS, CANCELLATION
Billing. By creating an account on the platform and providing your payment method (e.g. Credit Card, or other payment methods introduced in the future), you hereby authorize CC Learning JSC to charge and process a monthly or yearly membership fee depending on the subscription type at the then-indicated current rate, and any other charges you may incur in connection with your use of CC Learning JSC's services. In other words, you authorize the CC Learning JSC to initiate payment collection for your membership without further consent from you until you cancel (see below for information on cancellation).
CC Learning JSC hereby reserves the right to adjust pricing for its services or any components thereof in any manner and at any time, as determined in CC Learning JSC's sole and final decision. Except as otherwise expressly provided for in these Terms, any price changes to your membership will enter into force following e-mail notice to you.
The fee for your subscription service will be billed at the beginning of the paying term of your membership and each month or year thereafter (depending on whether the given membership is paid monthly or yearly). CC Learning JSC reserves the right to modify or otherwise change billing dates. In the event your membership begins on a day not contained in a given month, CC Learning JSC may bill your payment method on a day in the applicable month or such other day as CC Learning JSC deems appropriate.
Payments. Online payments for services offered through the Platform are done by Stripe, referred to as “Payment Gateway”. The Payment Gateways is external, third party payment processing vendors and their payment services and other services are subject to their respective Terms and Conditions. CC Learning JSC hereby reserves the right to offer further Payment Gateways, which will be governed and subject to the respective terms and conditions of such third party payment processing vendors. CC Learning JSC does NOT directly or indirectly, receive, retain, store or use your credit card information - in fact it never touches the CC Learning JSC servers. Your credit card data constitutes sensible personal information which will be processed by third parties not directly related to CC Learning JSC.
If a payment is not successfully charged, due to credit card expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you shall remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be available and/or updated. For certain payment methods, the issuer of your credit card or other payment method may charge you transaction fees or other charges. CC Learning JSC is not responsible for such fees or charges. Please revise your payment method service provider for details.
Refunds. CC Learning JSC currently offers a 14 day money-back guarantee for first-time payments of its memberships - unless of course there is a material and documented issue (like fraudulent or mischievous behaviour by you). Such material and documented issue shall be jointly considered between you and CC Learning JSC, and you accept that CC Learning JSC decision will be final, at its sole and absolute discretion. All other payments made to CC Learning JSC are, as a general rule, not refundable. However, CC Learning JSC may provide you a refund or other consideration, with the amount and form - and the decision to provide it - at its sole and absolute discretion. Any effectuated refund does not entitle you to further refunds or other considerations in the future for similar instances, nor does it obligate CC Learning JSC to provide them in the future, under any circumstance.
Cancellation. You may cancel your subscription at any time. Here is how you can do it:
You can delete your payment method and simply let your membership run out without adding a new payment method. We will send you a series of emails urging you to renew but if you do not respond, we will cancel your account. If you choose to cancel this way, you will continue to access your account service through the end of your monthly or yearly billing period.
20. CHANGES TO THE PLATFORM
CC Learning JSC may, in its sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect, functionality, content or service of the Platform, temporarily or permanently, at any time without notice to you, and CC Learning JSC will not be liable for doing so.
21. ADDITIONAL TERMS
These Terms contain the entire understanding between you and CC Learning JSC regarding the use of the Platform and the services of CC Learning JSC, and supersedes all prior and contemporaneous agreements and understandings between you and CC Learning JSC relating thereto. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without the prior written consent of CC Learning JSC. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. You and CC Learning JSC are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.