Terms and Conditions

The following Terms and Conditions govern your use of the KnowledgeSpaceLtd.com website, purchase of products from the site and your relationship with KnowledgeSpaceLtd.com and © Knowledge Space Ltd (we, us, The Company, KSL). KnowledgeSpaceLtd.com is a trading name of The Company. Please read the Terms and Conditions carefully as they affect your rights and liabilities under the governing law. If you do not agree to these Terms and Conditions, please do not register or use this website or purchase products from the website. To use any of the site’s online commercial products you may be required to register as an authorised user on the site.

The licence for personal and enhanced use of KSL’s Digital Goods are covered in Pargraphs 25 and 26 respectively .

The failure of the Company to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. The Company reserves its rights in respect of these terms and conditions at all times and in other situations where you breach the Terms and Conditions.

1. Use
The KnowledgeSpaceLtd.com website (the Site) is provided for your personal use subject to these Terms and Conditions. You agree to be bound by these Terms and Conditions by using the Site.
All orders and purchases made on the Site shall be governed by the given products’ Terms and Conditions, if any, in addition to these.

2. Amendments
We reserve rights to make changes to our policies and to update these Terms and Conditions from time to time. Changes shall be notified via a suitable announcement on the Site. When doing so, the company shall make all possible effort to minimize any disruption and to ensure backward compatibility where necessary (e.g. an Online course)
If you do not wish to accept such new Terms and Conditions, you should not continue to use the Site and the online product which you are using at the time. If you continue to use the Site after the date on which the change(s) comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions. The registration fees of the online course shall be refunded if you discontinue the course as a result of the update, provided you inform us regarding the discontinuance. We shall not accept any other liability in such a situation.

3. Events beyond our reasonable control
The Company shall not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond the Company’s reasonable control.

4. Site access
You may make personal use of this website, but not download (other than page caching) the site or any part of it unless the download of the portion is allowed as mentioned on the Site explicitly.
This use does not include any:

Sale, resale or commercial use of this Site or any portion of it or its contents;
Collection and use of its product listings, descriptions, or prices;
Derivative use of the Site or its contents, except as explicitly included herein;
Downloading or copying of account information for the benefit of another merchant;
Data mining, robots, or similar data gathering and extraction tools.

You may not modify, reproduce, duplicate, copy, visit for any commercial purpose without our express written consent, the Site or any portion of it, except as explicitly included herein. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without our express written consent. You may not use any meta tags or any other “hidden text” utilising KnowledgeSpaceLtd.com names or trademarks without the express written consent of KnowledgeSpaceLtd.com.

5. Registration
To register with the Site you must be over eighteen years of age. If you are under 18, you may register with the involvement of a parent or guardian who may register on your behalf. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details or informing our Customer Service by an e-mail. We reserve the right to refuse access to the website, terminate accounts, remove or edit the Site’s content, or cancel orders at our discretion. If we cancel an order, the cancellation shall be without charge to you.

6. Password and Security
When you register to use an online commercial product, you may be assigned a username and password or asked to create one. The registration comprising of your user name and password becomes your Account. For free online products you may not be assigned a user name/password and be requested to register on each use. An example of a free online service would be a demonstration of an online course.
You are responsible for maintaining the confidentiality of your Account when assigned one, and for restricting access to your computer to prevent unauthorised access to your Account. You should take all necessary steps to ensure that the account’s password is kept confidential and secure. You shall be responsible for all activities and orders that occur, or are submitted under your Account. You agree to accept responsibility for all activities that occur under your Account.
If you have any reason to believe that your Account details (e.g.., username/password) have become known to anyone else, or if the details are being, or are likely to be, used in an unauthorised manner you should notify us immediately by contacting our Customer Services (See the ‘Contact us’ page). If we have any reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or suspend your Account.

7. Privacy
Please review our Privacy Notice, to understand our privacy practice.

8. Our Contract and related liability
Your order represents an offer to us to purchase a product. Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract shall be made and you shall be charged for your order. When you purchase an online course, we shall send you by e-mail your log-in details and its expiry date and time in Greenwich Mean Time (GMT) of the course. When you purchase a software, we shall send you a soft key to download the software.In the event that the payment card has expired we shall be unable to fulfil your order. The agreement at the time of purchase of a product is the entire and only agreement and is in no way tied to any other purchase.
You shall use the product for personal use only except when agreed otherwise explicitly in writing or as mentioned herein.
You shall not use the product for any commercial activity, except as mentioned herein. Knowledge Space Ltd owns the exclusive copyright of the material, although copyright of parts of the product may be owned by third parties who have a suitable licensing arrangement with Knowledge Space Ltd
All the offers are subject to availability and while stocks last.
We shall not be liable to you or anyone for any financial loss arising out of the refusal, cancellation, or withdrawal of a product.
We shall not be liable to you or anyone for any financial or any other loss arising out of the use of the product purchased from this site even if the product is not error free. In no event shall our liability exceed the value paid for the product even if the warranty or guarantee fails. We shall communicate with you by regular post or electronically by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement provided that such communications be in writing.

9. Customs
You may be subject to import duties and taxes, which may be levied when the package reaches the specified destination. Additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. You should contact your local customs office for further information.
You are considered an importer outside of the United Kingdom. Hence, you must comply with all laws and regulations of the country where you are receiving the goods including any online material.
Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

10. Returns and Warranty
We exercise a 7-day returns guarantee wherein you are entitled to return the faulty good within 7 days of receipt of the good. The good as defined in this paragraph applies to a physical good (i.e., a tangible product, for example, a book). It does not explicitly include on-line product.
Each online product, including software, may be covered by its own specific warranty and Terms and Conditions which you should read before acceptance of the product. Online courses can not be returned after a purchase.

11. Availability and Delivery
We list availability information of our products on the Site to the extent feasible.
Delivery of physical goods is undertaken by specialist service providers or the postoffice over which we have no control. Hence, the delivery times mentioned on the Site are our best estimate based on the service provider’s stated target.
We shall inform you by e-mail if any product (or products) you order turns out to have run out-of-stock or any other problems are encountered in its (or their) dispatch that we are aware of.In such cases we shall attempt to provide you with an approximate revised schedule of its availability, and if the revised schedule is not acceptable, refund the sum, if you so inform us by e-mail or .

12. Excluded Services
The product and services provided by the Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site you shall require a good Internet connectivity and appropriate telecommunication links. Some of the online material require a broadband connectivity and widely-used software plug-ins in order to obtain the desired quality. We shall not be liable for any costs that you may incur in this respect.
You shall be responsible for all electronic communications and content including their fidelity in terms of absence of software virus and malware, etc., sent by you to us.

13. Intellectual property
The content of the Site is the property of Knowledge Space Ltd (except where marked otherwise) and protected by copyright, trade marks, database and other intellectual property rights.
You may retrieve and display the content of the Site on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Site.
No licence is granted to you in these Terms and Conditions to use any trade mark of the Company.
You may not systematically extract and/or re-utilise parts of the contents of the website without KnowledgeSpaceLtd.com’s explicit written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our explicit written consent.
You also may not create and/or publish your own database that features substantial parts of this website without our explicit written consent. KnowledgeSpace Ltd.com respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please inform us immediately in order to settle the matter.

14. Conduct and Limitations
You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way. You must not use the Site for any of the following:

for fraudulent purposes, or in connection with a criminal offence or any other unlawful activity;
to send, use or reuse any material of the Site such that: it is made a part of illegal, offensive, abusive, indecent, defamatory, obscene or menacing ; or is in breach of copyright, trademark, confidence, privacy or any other right; or it is made injurious or objectional to third parties; or it is made a part of material which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
to cause annoyance, inconvenience or needless anxiety;
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
gaining unauthorised access to other computer systems;
interfering with any other person’s use or enjoyment of the Site;
breaching any laws concerning the use of public telecommunications networks;
interfering or disrupting networks or web sites connected to the Site;
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

The Company reserves the right to refuse to post material on the Site or to remove material already posted on the Site. You shall indemnify us against all losses, liabilities, costs and expenses suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.

15. Availability of Site, Faults and Errors
Although the Company aims to offer you the best service possible through the Site, the Company makes no promise that the services at the Site shall meet your requirements. We cannot guarantee that the Site and its product or its service shall be fault and error free. If a fault occurs or an error is identified in the service or product you should report it to the Customer Services. We shall attempt to correct the fault as soon as we reasonably can.
Your access to the Site may be occasionally restricted or suspended to allow for repairs, maintenance, or the introduction of new facilities or services. We shall attempt to restore the service as soon as we reasonably can if the fault lies within our control. We shall attempt to limit the frequency and duration of any such suspension or restriction. The Company shall not be held responsible for non-availability of the Site if the fault occurs due to your telecommunication connection or the Internet, including the Sites’s hosting site or events outside our control.

16. Our right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing the customer services. If you do so, you must stop using the Site thereafter.
The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s rights or liabilities. Paragraphs 13, 14, 17, 20, 22, 23 , 24 of these Terms and Conditions shall survive cancellation.

17. Our liability
While every effort is made to maintain high quality of the Site in all the respects, the Site is provided by the Company ‘As is’ withouties or guarantees with regards to its presentation, use or the contents neither is the Site guaranteed to be fault-free and error-free. If we are informed of any inaccuracies or fault on this Site we shall attempt to correct them as soon as we reasonably can.
We disclaim all liabilities in connection with the following:

incompatibility of the Site with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Site;
unsuitability, unreliability or inaccuracy of the Site and its content;
inadequacy of the site to meet your requirements

To the full extent allowed by applicable law, you agree that we shall not be liable or responsible to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, loss of business, wasted expenditure, loss of privacy, loss of data, loss of health, or death) or any other indirect, special or punitive damages whatsoever that arise out of your use of or related to the Site or its product purchased by you at any time or when a contract for the sale of goods by us to you was formed/executed.

18. Third Party websites
For your convenience the Site may provide links to other Internet sites or resources While care is exercised to link only to reputable sites we cannot accept responsibility if this is not the case. We shall not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with or due to such sites.

19. Advertising and Sponsorship
A part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies applicable and relevant laws and codes. We shall not be responsible for any error or inaccuracy in advertising and sponsorship material.

20. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes shall be decided only by the English courts at a location within England.

21. International Use
We do not promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible to comply local laws and regulations.

22. User message boards and Forum
The Site may allow users to interact with each other via message boards, and other user forums. You may not use such ‘common’ areas of the Site for any of the following purposes:

disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
gaining unauthorised access to other computer systems;
interfering with any other person’s use or enjoyment of the common area;
making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
impersonating another person;
advertising;

The Company does not control the content placed on the common areas, if any. However, we reserve the right to refuse to post material, to remove and edit material posted on the community areas and to contact you in the event that there are concerns about the content you have added to an area. We reserve the right to review or edit the content of the area. Therefore, if you have concerns about any of the content of the common areas you should contact our customer services. If we believe that any material placed on the common area by you is unlawful, we shall remove the mateial and contact the relevant authority. We do not make representations as to the validity of any opinion, advice, information, or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent our views. You shall be responsible for:

any claim by any third party that the use of the common areas by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the common areas by you infringes that third party’s copyright or other intellectual property rights of any nature;
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the common areas by you.

By submitting material you are granting the Company a perpetual, royalty free, non-exclusive license to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form. You shall be responsible for our losses and costs resulting from your breach of these specific Terms and Conditions.

23. Reviews, comments, communications and other content
You may post us reviews, comments and other relevant content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing 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 form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

24. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect in the jurisdiction of the said court, and elsewhere.
The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, notify us immediately , we shall make all reasonable endeavour to remove the defamatory content within a reasonable time.

25. Terms and Conditions for personal use of Digital Good including Online courses
Standard Licence
The following is a ‘Standard’ legal agreement between you and KSL for personal use of KSL Digital Goods purchased by you. Please read this agreement before purchasing/downloading any of image, animation, video content, online course, e-book, software and other Digital Good from the Site. All such content downloaded directly or indirectly from the Site by you are referred in the remaining part of this document as Digital Good. By downloading any of Digital Good, you agree to be bound by the terms of this agreement. KSL reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to these and the following terms, as same may be amended from time to time, do not download or use any Digital Good from the Site.

The legal agreement for enhanced use of Digital Goods are covered in Para 26 of this document.

PART I

25.1
All Digital Goods on the KSL website are protected by English and international copyright laws and treaties. KSL and/or the various artists and/or entities that provide Digital Good to KSL (“Contributors”) own all rights, including the copyrights in and to the Digital Good. KSL and/or its Contributors reserve all rights in and to the Digital Good not expressly granted to you by the terms of this license. Your rights to use any Digital Good are subject to this license agreement and are conditioned upon your payment to KSL for the Digital Good. If you fail to make any payment to KSL when due, or if any cheque is dishonoured or credit card charge refused or charged back, your license shall be deemed delinquent. Your right to use any Digital Good downloaded at any time shall automatically terminate unless all payments together with any interest thereon and KSL’s costs of collection, bank charges and credit card processing fees are received by KSL no later than fifteen (15) days from the date that the license became delinquent.

25.2
By this Agreement, KSL grants you a personal, non-exclusive, non-transferable, right to use the Digital Good for personal use.

25.3
(i) This license does not grant you right to use the watermarked version of the Digital Good displayed on any KSL website or to reverse engineer, modify or create derivative work of the Digital Good.

(ii) The Digital Good sold to you shall include a KSL copyright and/or a Site stamp.

25.4
KSL shall be under no obligation to refund any fees paid by you for the Digital Good under any circumstances. However, in the event that KSL determines that you are entitled to a refund of all or part of such fees, any due refund shall only be made to the credit card account originally used by you to purchase the content. If the content was paid by cheque, any refund due shall be made by cheque.

PART II

RESTRICTIONS

25.5
You may not use the Digital Good other than as specified in PART I of this document.

25.6
You may not use the Digital Good in any way that might be considered defamatory, libellous, obscene, immoral or illegal. This includes use of the Digital Good in a way that places any person(s) depicted within the content in a negative light or depicts them in a way that they may find offensive. The content or its part may not under any circumstances be used in a way that would defame, malign, slander or libel the persons, property, countries, races, customs, cultures or religions depicted in the Digital Good. The content or its parts shall not be incorporated into a logo, trademark or service mark. All trademarks and service marks visible in the Digital Good are and shall remain the exclusive property of the trademark or service mark owner. If there are any incidental trademarks or logos contained in the Digital Good, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks. The inclusion of these incidental trademarks in the content does not in any way constitute or imply such association with or endorsement of the content. If any Digital Good features an individual, the picture of the person is for illustrative purposes only.

25.7
The Digital Good may not, in whole or in part, be used, sold, sub-licensed, reproduced, distributed, displayed, incorporated into or otherwise made available as screensavers, templates, standalone backgrounds, stock elements, imagery elements or downloadable files. The Digital Good shall not be posted on any electronic bulletin board, put on-line in a downloadable form or otherwise made available via FTP, IRC, peer-to-peer file sharing services or the like. The Digital Good may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale.

25.8
You agree to take all reasonable steps to prevent any third party from duplicating or distributing any of the Digital Good in your possession. You may not resell, redistribute or transfer the Content or any portion of such Content.

25.9
You may not share any Digital Good by providing access to it on shared disk drives, computer networks, intranets of any nature or otherwise.

25.10
You may not use any Digital Good in whole or in part as a trademark, logo or an element thereof.

25.11
You may not produce or otherwise create for resale or distribution, printed reproductions of any portion of the Content on canvas, paper or any other medium.

25.12
You may not use automated programs, applets, bots, etc., to download any Digital Good.

PART III

25.13
Upon notice from KSL or if you learn that any Digital Good is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which KSL may be liable, you shall remove the Content from your computer systems and storage devices (electronic or physical) and cease future use of the removed Content at your own expense. On your request, KSL shall provide you with a comparable Digital Good (whose comparability shall be determined by KSL in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this agreement, or if a replacement is not possible, refund the sum originally charged for the Content.

25.14
You acknowledge that some jurisdictions prevent the use of a person’s image, likeness or property for commercial purposes without their written consent. KSL makes no representations or warranties regarding whether or not any additional fees or payments to you may be due to any union, association or other organization for personal use of any Digital Good.

25.15
You must retain the copyright notice and the Digital Good identification number associated with the Content. You may make no more than one high-resolution copy of the Content for back-up purposes only. Upon the expiration or termination of this agreement, whichever occurs earlier, you shall promptly delete the Content from your computer and/or other electronic storage systems.

25.16
You agree to indemnify and hold KSL, its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Digital Good. You further agree to indemnify KSL for all costs and expenses that KSL incurs in the event that you breach any of the terms of this or any other agreement between you and KSL.

25.17
Neither owners of KSL nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Digital Good.

25.18
This contract shall be governed by and construed in accordance with laws of England. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within England. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall limit the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of either of the parties, but rather in accordance with the fair meaning thereof.

25.19
If you are unsure of your rights under this agreement then please contact KSL support at support@knowledgespaceltd.com

25.20
To its best knowledge KSL represents that the unaltered downloaded contents and used in full compliance with these terms, conditions and applicable law:
a
shall not infringe any copyright, trademark or other intellectual property right, nor shall such content violate any third parties’ rights of privacy or publicity;
b
shall not violate any English law, statute, ordinance, or regulation;

25.21
While KSL makes commercially reasonable efforts to ensure the accuracy of the Digital Good, keywords and descriptions, as well as the integrity of its content, KSL makes no warranties and/or representations regarding such keywords, descriptions or content integrity.

25.22
KSL shall not be liable for any damages, costs or losses arising as a result of use of the Digital good by you.

25.23
In the event that you breach any of the terms of this or any other agreement with KSL, KSL shall have the right to terminate your account without further notice. Such termination shall be in addition to KSL’s other rights at law and/or equity. Your rights under this agreement shall immediately terminate upon your insolvency, assignment of your assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. Upon termination of this agreement for any reason, you shall immediately cease use of the Digital Good in any form and immediately return or destroy all copies of the content in your possession or control. Any provisions in this agreement that by their sense and context are intended to survive the termination of this agreement shall survive such termination. Any cause of action that KSL may have against you for breach of this agreement prior to the date of termination shall survive such termination. KSL makes no representations or warranties whatsoever as to the legality or validity of any release associated with any Digital Good except as provided herein. The Digital Good and accompanying materials (if any) are provided “as is” without warranty, either express or implied, of merchantability, or fitness for a particular purpose. Except as otherwise specifically set forth in this agreement, KSL grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, logos, music, likenesses, copyrighted designs or works of art or architecture depicted or otherwise incorporated in any KSL Digital Good. KSL does not warrant that its website(s) shall meet your requirements or that use shall be uninterrupted or error free. KSL shall not be liable to you or to any other entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Digital Good, or otherwise, even if KSL has been advised of the possibility of such damages, costs or losses

26. Terms and Conditions for personal use of Digital Good including Online courses
Enhanced Licence
The following is an ‘Enhanced’ legal agreement between you and KSL that permits public display and creation of derivative work for applications such as industrial presntation and class-room teaching aid of Digital Good purchased by you provided that the Digital Good and/or its derivatives are not resold and compliant to other terms and conditions expresed herein. Please read this agreement before downloading any of images, animations, video content, e-book, online courses, software and other digital goods directly or indirectly from the Site. Such goods are referred in the following part of the document generically as Digital Good. By downloading any Digital Good for enhanced use as defined here, you agree to be bound by the terms of this agreement. KSL reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to these and the following terms, as same may be amended from time to time, do not download or use any Digital Good.

PART I

26.1
All Digital Good on the Site is protected by English and international copyright laws and treaties. KSL and/or the various artists and/or entities that provide Digital Good to KSL (“Contributors”) own all rights, including the copyrights in and to the Digital Good. KSL and/or its Contributors reserve all rights in and to the Digital Good not expressly granted to you by the terms of this license. Your rights to use any Digital Good are subject to this licence and are conditioned upon your payment to KSL for the Digital Good. If you fail to make any payment to KSL when due, or if any cheque is dishonoured or credit card charge refused or charged back, your license shall be deemed delinquent. Your right to use any Digital Good downloaded at any time shall automatically terminate unless all payments together with any interest thereon and KSL’s costs of collection, bank charges and credit card processing fees are received by KSL no later than four weeks from the date that the license became delinquent.

26.2
By this Agreement, KSL grants you a non-exclusive, non-transferable, right to use, modify and reproduce the Digital Good for use by incorporating it into a not-for-sale derivative work such as a part of multimedia presentation for teaching, etc., advertisement, internet website and distributing that derivative work to the audience for information, provided these are not resold by any means now known or hereafter developed.This paragraph shall be read in conjunction with Paragraphs 26.7 and 26.16.You shall be responsible for such distribution to the extent that the distributed Goods are not resold, even if the derivative work has beeen substantially altered.

26.3
i) This license does not grant you any right to use the watermarked version of the Digital Good displayed on KSL website.
ii) The Digital Good sold to you shall include KSL copyright and website stamps/marks. These stamps/marks shall not be removed in any derivative work whatsoever.

26.4
KSL shall be under no obligation to refund any fees paid by you for the downloaded Digital Good under any circumstances. However, in the event that KSL determines that you are entitled to a refund of all or part of such fees, any refund shall be made to the credit card account originally used by you to purchase the content. If the Digital Good was paid by cheque, any refund shall be made by cheque drawn in UK currency and sent to you by prepaid traditional mail.

PART II

RESTRICTIONS

26.5
You may not use the Digital Good other than as specified in PART I of this document.

26.6
You may not use the Digital Good in any way that might be considered defamatory, libellous, obscene, immoral or illegal. This includes use of the Digital Good in a way that places picture of any person depicted in the content in a negative light or depicts them in a way that they may find offensive. The content may not under any circumstances be used in a way that would defame, malign, slander or libel the persons, property, countries, races, customs, cultures or religions depicted in the Digital Good. The content shall not be incorporated into a logo, trademark or service mark. All trademarks and service marks visible in the content are and shall remain the exclusive property of the trademark or service mark owner. If there are any incidental trademarks or logos contained in the Digital Good, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks. The inclusion of these incidental trademarks in the content does not in any way constitute or imply such association with or endorsement of the content. If any Digital Good featuring a model is used in:
(a) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or
(b) connection with a subject that would be unflattering or controversial to a reasonable person, you must accompany each such use with a statement that indicates that the person so pictured is a model used for illustrative purposes only.

26.7
The Digital Good and any derivative work incorporating the Digital Good, may not, in whole or in part, be used, sold, sublicensed, reproduced except as permitted by this licence, distributed, incorporated into or otherwise made available as screensavers, templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files. You may not post any Digital Good on any electronic bulletin board, put it on-line in a downloadable form or otherwise make it available via FTP, IRC, peer-to-peer file sharing and chat services or the like. Except as permitted by this licence, the Digital Good and any derivative work containing the Digital Good may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These restrictions apply even if the Digital Good has been significantly altered. If the Digital Good is used in a project that will be reproduced or distributed not-for-sale or resale the Digital Good may not comprise more than ten percent (10%) of the length of the finished work, even if the content is layered with other graphics, nor may the primary value of the work into which the content is incorporated come from the Digital Good.This article shall be read in conjuction with articles 26.16.

26.8
You agree to take all reasonable steps to prevent any third party from duplicating or distributing any of the Digital Good included in your finished derivative work. You may not resell, redistribute or transfer the Digital Good or any portion of it except as specifically provided herein.

26.9
You may share any Digital Good by providing access to it on shared disk drives, computer networks, intranets of any nature or otherwise only within your organisation.

26.10
You shall not use any Digital Good (in whole or in part) as a trademark, logo or an element thereof.

26.11
You shall not produce or otherwise create for resale or distribution, printed reproductions of any portion of the Content on canvas, paper or any other medium.

26.12
You shall not use automated programs, applets, bots, etc., to download Digital Good.

PART III

26.13
26.13. Upon notice from KSL or if you learn that any Digital Good is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which KSL may be liable, you shall remove the Content from your computer systems and storage devices (electronic or physical) and cease any future use of the removed Content at your own expense. On request from you, KSL shall attempt to provide you with a comparable Digital Good (whose comparability shall be determined by KSL in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this agreement and if a replacement is not possible then refund the sum originally charged for the Digital Good.

26.14
KSL does not provide any trademark or copyright clearances with respect to the Digital Good and grants no rights and makes no warranties, other than those specifically set forth herein, with regard to the use of names, people, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Digital Good. You shall be solely responsible for determining whether one or more clearances or releases are required in connection with any proposed use of Digital Good. You acknowledge that some jurisdictions prevent the use of a person’s image, likeness or property for commercial purposes without their written consent. KSL makes no representations or warranties regarding whether or not any additional fees or payments to you may be due to any union, association or other organization for use of any Digital Good.You shall be responble to obtain necessary clearances and make any payments in this respect.

26.15
You must retain the copyright notice and the Digital Good identification number associated with the Digital Good as may be included as part of the Content. You may make no more than one (1) high-resolution copy of the Content for back-up purposes only. Upon the expiration or termination of this agreement, whichever occurs earlier, you shall promptly delete the Content from your computer and/or other electronic storage systems.

26.16
When incorporating a Digital Good in a not-for-sale application as permitted herein, you shall provide KSL with a copyright attribution in substantially the following form: “Courtesy of Knowledge Space Ltd,UK. Used by Permission”

26.17
“Non-transferable”, as used herein, means that except as specifically provided in this agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Digital Good or the right to use the Digital Good. In addition, the work you produce with the Digital Good must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all responsible steps to prevent third parties from duplicating and reselling the Digital Good.

26.18
You agree to indemnify and hold KSL, its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Digital Good. You further agree to indemnify KSL for all costs and expenses that KSL incurs in the event that you breach any of the terms of this or any other agreement between you and KSL.

26.19
Neither KSL or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Digital Good.

26.20
This contract shall be governed by and construed in accordance with laws of England. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within England. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall limit the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of either of the parties, but rather in accordance with the fair meaning thereof.

26.21
If you are unsure of your rights under this agreement or intend to make an outright purhase of any digital good that allows unrestricted use of the product, please contact KSL Support at Support@knowledgespaceltd.com.

26.22
To its best knowledge KSL represents that the unaltered Digital Good used in full compliance with these terms, conditions:
– will not infringe any copyright, trademark or other intellectual property right, nor will such content violate any third parties’ rights of privacy or publicity;
– shall not violate any English law, statute, ordinance, or regulation.

26.23
While KSL makes commercially reasonable efforts to ensure the accuracy of the Digital Good, keywords and descriptions, as well as the integrity of its content, the Company makes no warranties and/or representations regarding such keywords, descriptions or integrity.

26.24
KSL shall not be liable for any damages, costs or losses due to you as a result of use of the Digital Good by you.

26.25
In the event that you breach any of the terms of this or any other agreement with KSL, KSL shall have the right to terminate your account without further notice. Such termination shall be in addition to KSL’s other rights at law and/or equity. Your rights under this agreement shall immediately terminate upon your cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. Upon termination of this agreement for any reason, you shall immediately cease all use of the digital good in any form and immediately return or destroy all copies of the content in your possession or control. Any provisions in this agreement that by their sense and context are intended to survive the termination of this agreement shall survive such termination. Any cause of action that KSL may have against you for breach of this agreement prior to the date of termination shall survive such termination. KSL makes no representations or warranties whatsoever as to the legality or validity of any release associated with any digital good – except as provided herein. The Digital Good and any accompanying material is provided “as is” without warranty, either express or implied of merchantability, or fitness for a particular purpose. Except as otherwise specifically set forth in this agreement, KSL grants no rights and makes no representations or warranties with respect to your use of any names, trademarks, logotypes, music, likenesses, copyrighted designs or works of art or architecture depicted or otherwise incorporated in any digital good. It is your responsibility to assure that all necessary rights, consents, permissions, payments as may be required for your use of any Digital Good are obtained and necessary payments made. KSL does not warrant that its website(s) shall meet your requirements or that use will be uninterrupted or error free. KSL shall not be liable to you or to any other entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the digital good, or otherwise, even if KSL has been advised of the possibility of such damages, costs or losses.