In the event of a conflict amongst the Agreements, the Terms of Service shall control except as expressly provided otherwise. All capitalized terms have the meanings set forth in the Terms of Service, unless otherwise stated.
If you do not agree, you should decline this vLearn Lab Policy, in which case you are prohibited from accessing or using vLearn Lab.
Use of vLearn Lab
vLearn Lab is owned and operated by Cornerstone Enrichment Pte. Ltd. (the "Company" , "we" or "us") offers our service to you, provided that you are either (i) of legal age to form a binding contract and are not a person barred from receiving our service under the laws of the Singapore and/or other applicable jurisdiction; or (ii) operating during your use of the vLearn Lab under the supervision of a person of legal authority to form such a binding contract on your behalf, under the laws of the Republic of Singapore or other applicable jurisdiction ("you" or the "User"). We recommend that you keep your account password safe and secured. Please notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to keep your account secure.
Registration to vLearn Lab
In order to access the vLearn Lab, you will need to purchase one of our virtual education products/services and open an account with us ("vLearn Lab Account").
Please note that registration to the vLearn Lab will require real identification information (e.g. name of organisation, contact person email etc.) and, thus, others may be able to view your information therein (see our PDPA Policy).
vLearn Lab services offer hosted virtual space/lab and virtual educational coursewares.
As part of the vLearn Lab Services, any User may either create virtual spaces that will be stored in his or her personal vLearn Lab account (a "Virtual World") or visit Virtual Worlds created by others, pursuant to access restrictions, as defined by the relevant World Manager (as such term is defined below).
Virtual World sizes are measured in the number of units ("Regions") they contain. Each Region is equal to 256 x 256m = 65536 virtual square meters.
Each virtual region can house up to 4 different lesson courseware activity areas.
Representations and Warranties of World Managers
A World Manager is a User who has created a Virtual World using our service.
Each World Manager is responsible for managing his or her Virtual Worlds, and will be put in charge of controlling the activity of the Users who visit her or his Virtual Worlds ("Your Visitors").
A World Manager may designate access restrictions, in order to prevent certain Users from entering or being a part of his or her Virtual Worlds in any way ("Access Restrictions"). You hereby undertake that you shall proactively institute such Access Restrictions to comply with all applicable laws and prevent violations of these Terms by Your Visitors.
You agree to not use vLearn Lab to do anything unlawful, misleading, malicious, or discriminatory.
You agree to not use vLearn Lab to bully, intimidate, or harass anyone.
You agree to not use vLearn Lab to threaten or incite violence against anyone.
You agree to not upload, download, modify, copy, store, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, disassemble or use any information, data, text, software, music, sound, photographs, graphics, 3D models, video, messages or other materials ("Content") in vLearn Lab, without permission or license to do so.
You agree to not upload, create, modify, copy, store, or use viruses or other malicious software in vLearn Lab, including, but not limited to, any "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
You agree to not upload any Content which may infringe any third party intellectual property rights, including copyright, trademarks, etc.
You agree to not use vLearn Lab to send or otherwise post unauthorized commercial communications (such as spam).
You agree to not do anything that could disable, overburden, or impair the proper working of vLearn Lab or any other organization or individual.
You agree to not solicit vLearn Lab login information or access other accounts belonging to someone else.
You agree to not upload Content which is not appropriate for the age of the other users in the applicable Virtual World.
You agree to not create an API or GUI around vLearn Lab or parts thereof (e.g. no "frames") without our explicit prior written consent.
You agree to not interfere with or violate users' right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information.
You agree to not falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with vLearn Lab, or express or imply that vLearn Lab endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this site.
You agree to not create a database by systematically copying and storing all or any of vLearn Lab's Intellectual Property (as shall be defined below).
Please be aware that when visiting virtual space / lab owned by others, there is a possibility that some of the Content may be uploaded by other advance Users of vLearn Lab and not by us. We can therefore take no responsibility if you find such Content offensive, indecent or objectionable.
We strongly encourage you to report any activity or Content that may violate the Terms, by using the Company's online form available at https://www.kitely.com/report_violation.
Please do not access the vLearn Lab by any means other than through the interface that is provided by the Company.
Availability of the vLearn Lab
Access to vLearn Lab may not be available at all times or in all areas. Company reserves the right to modify or discontinue, temporarily or permanently, vLearn Lab, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of the vLearn Lab and/or any of the Content (including, without limitation, User Generated Content (as defined below)) presented therein.
The Content may include commercial advertisements uploaded by Users, within their Virtual Worlds. All the information contained in such advertisements has been uploaded on behalf of the Users and at their sole responsibility. Company is not endorsing any of the advertisers and makes no warranties or representations regarding such advertisements.
Cookies & Local Storage
When you visit the website and/or use the services, vLearn Lab may use industry-wide technologies such as "cookies", Flash and/or Silverlight (or similar technologies), which stores certain information on your computer ("Local Storage") and which will allow the company to enable automatic sign-in to the website and/or the services and make your browsing much more convenient and effortless. It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option in Flash or Silverlight you should use the settings option of Flash/Silverlight according to the specific instructions provided by the technology provider. However, if you block or erase cookies, or change the settings of Flash and/or Silverlight, your online experience may be limited.
Company may also use certain third-party cookies. These are a different kind of cookies, which are stored on your computer by a third party site, rather than by vLearn Lab. This kind of cookie is updated each time you visit vLearn Lab's website and/or use any of vLearn Lab's Services, and also when you visit other websites that use similar cookies. Third-party cookies usually store only Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.
We take great care in maintaining the security of the vLearn Lab and your information and in preventing unauthorized access to it through latest industry standard technologies and internal procedures. However, due to ever evolving hacking technologies we do not guarantee 100% that unauthorized access will never occur.
Third Party Sites
Information Received From Third Party Sites
We claim no ownership or control over any Content submitted, posted or displayed by you on or through vLearn Lab ("User Generated Content" or "Items"). You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Generated Content you submit, post, display, or sell on or through vLearn Lab and you are responsible for protecting those rights, as appropriate.
We claim no rights to your User Generated Content, but we must have your permission to use and distribute that Content via vLearn Lab, for us to be able to provide the vLearn Lab you elect to use. Therefore, you may only upload, publish, submit or sell User Generated Content on or through vLearn Lab if you agree to provide us with a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use that Content in or in connection with vLearn Lab. To be clear, we will only use your User Generated Content for providing vLearn Lab, unless we have your written permission to use it in other ways. In addition, the license you grant us to use your User Generated Content will end when you, and all the other Users you allowed to get copies of that Content, delete all your respective copies of that Content from vLearn Lab.
All content imported by Users or created within vLearn Lab (as the term is defined below) are explicitly barred from use outside of vLearn Lab (are marked "No-Export").
vLearn Lab reserves the right to refuse to accept, post, display, transmit, or sell any User Generated Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Generated Content submitted.
An "Avatar" is a vLearn Lab Account or third-party user account that is (A) capable of using Items; and (B) is capable of having a presence in only one location at a time.
vLearn Lab, and all the Content (other than the User Generated Content mentioned above), including without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, guides, manuals, specifications, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos (collectively, "Intellectual Property"), whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, are solely owned by or licensed to vLearn Lab and subject to copyright and other applicable intellectual property rights under Singapore laws, foreign laws and international conventions. Except as permitted by applicable laws, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the prior written permission of the Company.
When used with Company's permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of the Company using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.
We always appreciate your feedback or suggestions, but please don't share any ideas with us for which you expect to be compensated. If you don't agree to us freely using your idea without you getting anything in return then simply don't discuss that idea with us.
Copyright and Trademarks
The Company respects the intellectual property rights of others. Company's policy is to respond to notices of alleged infringement that comply with the Singapore Copyright Act and United States' Digital Millennium Copyright Act ("DMCA") and/or other all applicable laws, including, but not limited to, the Israeli Copyright Law, 5767-2007, and to terminating the accounts of repeat infringers.
If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please use Company's online form, available at https://www.vlearnlab.com/copyright_notice to file a complaint on copyright infringement and provide the following information in writing to The Company's Copyright Agent:
(i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit The Company to locate the material;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
General Practices Regarding Use and Storage
You agree that the Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by vLearn Lab. You acknowledge that Company may have set no fixed upper limit on the number of transmissions you may send or receive through vLearn Lab or the amount of storage space used; however, the Company retains the right, at its sole discretion, to create limits at any time with or without notice.
vLearn Lab Credits
Some vLearn Lab may require you to obtain vLearn Lab credits called Cgem ("CG$"). CG$ is a virtual currency issued by the Company to be used solely in connection with the vLearn Lab. CG$ may be purchased from the Company, and may not be refunded, traded, exchanged, transferred, or sold except within vLearn Lab at the Company's discretion. The Company may give and take away CG$ from time to time, without warning, and without compensation, for reasonable causes determined at its sole discretion such as fraud, accounting error, legal orders, and/or alleged violation of these Terms. The Company's prices are listed at https://www.vlearnlab.com/services (the "Services Page").
Upon termination of your use of vLearn Lab, we will close your account and you will no longer be able to retrieve Content contained in that account. Upon termination of your account, all CG$s contained in your Account shall be canceled and of no further force and effect. Notwithstanding the foregoing, we shall, however, refund such CG$s or any portion thereof if required by law or otherwise at our discretion.
vLearn Lab Market
vLearn Lab includes a marketplace ("vLearn Lab Market") where you can buy Items from Users ("Merchants") and sell Items you create to Users ("Buyers").
vLearn Lab Market allows selling products for US Dollars ("USD") or CG$. When Items you sell via the vLearn Lab Market are purchased using CG$ you receive the CG$ net of vLearn Lab Market Fees (as defined below) into your CG$ Balance immediately. When Items are purchased using USD, the money net of vLearn Lab Market Fees ("Withheld Money") accumulates in your USD balance ("USD Balance"), and it will be transferred to you, following the Withholding Period (as defined below), at regular weekly intervals ("Weekly Payout Date"). You must have a working Verified PayPal account ("Your PayPal Account") in order to receive Withheld Money. Until you provide the Company with the details of Your PayPal Account, the USD that you receive will keep accumulating in your USD Balance. If you don't setup Your PayPal Account, or there's a problem with Your PayPal Account, then the Company won't be able to transfer Withheld Money from your USD Balance to you. If at a Weekly Payout Date the amount of Withheld Money scheduled for transfer is less than 10 USD ("Minimum Payout Amount") then the transfer of that Withheld Money will be delayed until the next Weekly Payout Date in which at least the Minimum Payout Amount is scheduled for transfer. You agree that if Withheld Money can't be transferred from your USD Balance to Your PayPal Account for more than 90 days, Company may remove that Withheld Money from your USD Balance, use it to buy CG$ (at the prevailing rate publish on our website) and add those bought CG$ to your CG$ Balance. The Company won't buy back, refund or otherwise convert money back from CG$ to USD under any circumstances.
The Company will withhold sales revenue from Items sold for USD for a period of 45 Days ("Withholding Period") to get past the PayPal transaction dispute window. If no payment dispute is received from PayPal during the Withholding Period and the Company doesn't have a reason to suspect the Withheld Money is connected to activities that are against the Terms, the Company will schedule the Withheld Money for transfer to Your PayPal Account in the next Weekly Payout Date. You agree that the Company may, at its own discretion, delay transferring Withheld Money to Your PayPal Account if it suspects that it will need to keep the money in order to offset future losses resulting from PayPal disputes or credit card chargebacks connected to your vLearn Lab Market transactions.
If Company suffers losses from your vLearn Lab Market transactions it will deduct the sum of those losses from your current and future USD Balance and, at the Company's discretion, take additional actions to recuperate its losses.
License rights to use bought Items are contingent upon the transfer of money from the Buyer to the Merchant. All license rights terminate immediately and without notice if a sale is reversed for any reason. The Company reserves the right to remove Buyer access to Items for which the Merchant does not retain payment.
You may not sell Items that contain brands, trademarks, copyrighted content, or any other sort of intellectual property for which you do not have an explicit license from the intellectual property owners to sell in the vLearn Lab Market. You must mention the existence of such a license in the vLearn Lab Market Item listings of any Items that include third-party content which was not bought in vLearn Lab. You agree to provide the Company with documentation proving the existence of these explicit licenses upon request.
You agree that, except inside Virtual Worlds, you will not use vLearn Lab to specify how to obtain your Items that are listed in vLearn Lab Market outside of vLearn Lab.
Modifications to Service
The Company may, from time to time modify or discontinue, temporarily or permanently, vLearn Lab (or any part thereof) with or without notice. In such an event, the Company will strive to provide advance notice if practicable to its Users.
You may discontinue your use of vLearn Lab at any time. You agree that the Company may at any time and for any reason terminate your access to vLearn Lab, terminate the Terms, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to vLearn Lab, your account or any files or other content contained in your account.
No refund shall be returned to the User for any period of the subscription time remaining in the event of termination of accounts.
The following sections of the Terms shall survive expiration or termination: Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, Choice of Law, Waiver and Severability, and Statute of Limitations.
You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "vLearn Lab and Partners") from and against any third party claim arising from or in any way related to your use of vLearn Lab, violation of the Terms or any other actions connected with the use of vLearn Lab, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, the Company will provide you with written notice of such claim, suit, or action.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF vLearn Lab IS AT YOUR SOLE RISK. vLEARN LAB ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VLEARN LAB AND PARTNERS 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.
VLEARN LAB AND PARTNERS DO NOT WARRANT THAT (i) vLEARN LAB WILL MEET YOUR REQUIREMENTS, (ii) vLEARN LAB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF vLearn Lab WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH vLearn Lab WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF vLEARN LAB IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM vLEARN LAB OR THROUGH OR FROM vLEARN LAB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND vLearn Lab's AGGREGATE LIABILITY WILL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100)
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.
You agree that the Company may provide you with notices, including those regarding changes to the Terms, by email, social networks, instant messages, virtual world messages, regular mail, or postings in vLearn Lab.
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitutes the entire agreement between you and Company and govern your use of vLearn Lab, superseding any prior agreements between you and the Company for the use of vLearn Lab. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other vLearn Lab, affiliate services, third-party content, or third-party software.
Choice of Law and Forum
The Terms and the relationship between you and the Company shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore.
Waiver and Severability of Terms
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of vLearn lab or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Terms Revision Date
This document was last updated on 14 May 2020.