1. ACCEPTANCE OF TERMS
AmBR8 Career Solutions, Inc. and AmBR8 School of iEntrepreneur's is a pioneer in the field of learning with a long history of innovation which managed by Alumni's of IIT's and NIT's header by Sunil Kumar AmBR8. AmBR8 provides cloud-based learning solutions for our customers worldwide, who range from global enterprises, government and education customers to mid-sized and small businesses. Our courses, books and videos have been developed by industry-leading learning experts to ensure that they build talent and develop a more knowledgeable, productive and valuable workforce. Our customer support teams draw on a wealth of in-house experience and a comprehensive learning e-library to develop both packaged and custom learning programs tailored to our customers' needs. we currently serve over 100 customers and more than 50,000 learners countrywide and provide continuing, hands-on support to assist them in maximizing their ongoing success.
2. E LEARNING SOLUTIONS
Whether your training goals are focused on meeting strategic initiatives or providing just-in-time knowledge transfers, AmBR8's products and services can support all levels of your business and make it possible for your staff to access the high-quality, custom-tailored training you need at any time, in any place. With AmBR8 your company gets: 1. Rich, engaging content featuring a variety of interactive and mobile learning options from widely respected, authoritative sources. 2. Elearning tools and assets that can be used as-is or customized to meet your unique organizational needs. 3. Unparalleled customer support and service.
3. DESCRIPTION OF SERVICES
The Services are owned and operated by AmBR8 for the purpose of software development, discussion, implementation and innovation (the “Purpose”). The Sites provide technology news, tools, products and education for the IT and developer community.
4. REGISTRATION OBLIGATIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not AmBR8, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on the Sites that, in the judgment of AmBR8, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. AmBR8 reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, AmBR8 shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. AmBR8, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by AmBR8 to protect the rights, property, or personal safety of the Sites’ users and the public. AmBR8 does not control the Content posted to the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AmBR8 be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SITES
Use, reproduction, modification, and other intellectual property rights to data stored on the Sites will be subject to licensing arrangements that may be approved by AmBR8 as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“AmBR8 Public Content”), the submitting user retains ownership of such AmBR8 Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by AmBR8. In each such case, the submitting user grants AmBR8 a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. With respect to Content posted to private areas of the Site AmBR8.com (e.g., private development tools or mail), the submitting user may grant to AmBR8 or other AmBR8.com users such rights and licenses as the submitting AmBR8.com user deems appropriate. Content located on any AmBR8-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by AmBR8 as applicable to such Content. For the purposes of these Terms, “Code” means any software code you submit, post, display or distribute via: any of our software configuration management (“SCM”) repositories (including, CVS, Subversion, Git, Bazaar and Mercurial) or AmBR8.com’s file release system, and “Associated Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via AmBR8.com, but does not include Code. “SourceForge Content” means any Code or Associated Content.
When you submit, post, upload or otherwise provide Code to AmBR8.com, you must designate promptly the software license pursuant to which licensees (including AmBR8) obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to AmBR8.com must be licensed to AmBR8 and other licensees under a license that is: compliant with the Open Source Initiative (“OSI”)’s Open Source Definition (http://www.opensource.org/docs/osd) or certified as an “OSI-Approved License” (http://opensource.org/licenses).
Please note that AmBR8 is not affiliated with the OSI.
Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, AmBR8 shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify AmBR8 in writing if you do not have the right to grant AmBR8 or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, AmBR8 shall be a licensee of such Code under the license terms applicable to Associated Content.
You certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant AmBR8 and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., “Source Code”) form. Whenever reasonably feasible, you agree that you will make Source Code available on or via AmBR8.com corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a “Change”). AmBR8 acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have Changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) AmBR8 agrees in writing does not need to be posted in Source Code form.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
AmBR8 may establish general practices and limits concerning use of the Sites. While AmBR8 will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, AmBR8 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Site. AmBR8 reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. AmBR8 reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. In addition, you will use the Sites in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. In addition to the above, you may not access or use the Sites for any purpose other than that for which AmBR8 makes it available. Without limiting any other remedies, AmBR8 may suspend or terminate your AmBR8.com account if we suspect that you have engaged in unlawful or prohibited activity in connection with AmBR8.com. AmBR8 reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who, in AmBR8’s sole discretion, violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Sites to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from AmBR8.com as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites, including, without limitation, any attempt to circumvent the access controls or security measures of AmBR8.com; accessing the Sites by any means other than through interfaces provided by AmBR8, unless otherwise specifically authorized by AmBR8 in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Sites, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Sites or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Sites, except where specifically endorsed or approved by AmBR8.
AmBR8 may terminate a user’s account in AmBR8’s absolute discretion and for any reason. AmBR8 is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of a Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. AmBR8’s termination of any user’s access to any or all Sites may be effected without notice and, on such termination, AmBR8 may immediately deactivate or delete user’s account and/or bar any further access to such files. AmBR8 shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. AmBR8 reserves the right to delete, or not delete, a user’s account at AmBR8’s sole discretion, as well as to delete, or not delete, content at AmBR8’s sole discretion.
AmBR8, any Site, or a third party may provide links to other websites. AmBR8 exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. AmBR8 shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ Privacy Statement is applicable only when you are on a Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless AmBR8, and its parent corporation and affiliates and their respective officers, employees and agents, and each of AmBR8’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE SITES IS AT HIS OR HER SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AmBR8 ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. AmBR8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, AmBR8 MAKES NO WARRANTY THAT (i) THE SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF AmBR8’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AmBR8 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AmBR8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY OF THE SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL AmBR8’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN AmBR8 AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, AmBR8 DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITES. OPERATION OF THE SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY AmBR8. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. TRADEMARK INFORMATIONp>AmBR8, the AmBR8 logo and other AmBR8 trademarks including “iEntrepreneur,” “NEWS FOR NERDS, STUFF THAT MATTERS,” “CAMPUSREP,” “iLEARNER,” the R&D Forge logo, the ilearner logo, the iEntrepreneru logo, service marks, and product and service names are AmBR8 trademarks or registered trademarks in the United States and in other countries (the “AmBR8 Marks”). All other names and designs may be trademarks of their respective owners.
AmBR8 is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, AmBR8 expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize AmBR8 as an intermediary.
AmBR8 respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identification of the material that is claimed 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 reasonably sufficient to permit AmBR8 to locate the material (e.g., URL).
c. Information reasonably sufficient to permit AmBR8 to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to AmBR8, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
AmBR8 Career Solutions Inc.,
Manyatha Embassy Park,
Outer Ring Road,
Karnataka, Bangalore 560045,
Attention: Vice President Business Affairs & General Counsel.
i. Send electronically-signed communication to firstname.lastname@example.org. A copy of your notice (with your personal contact information removed) may be forwarded to AmBR8 iSchool executive for publication. A link to your published notice may also be displayed in AmBR8.com’s search results in place of the removed material.
AmBR8 iSchool Counter-Notification Procedure:
After receiving a notification of alleged infringement, AmBR8 will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, AmBR8 will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that AmBR8 has removed or to which AmBR8 has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of District Court for the judicial district in karnataka, India (if your address is outside of the United States, for any judicial district in which AmBR8 may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to AmBR8.
e. Send written communication to the following address:
AmBR8 Career Solutions Inc.,
Manyatha Embassy Park,
Outer Ring Road,
Karnataka, Bangalore 560045,
Attention: Vice President Business Affairs & General Counsel.
f. Send electronically-signed communication to email@example.com. Upon receipt of a counter notification in substantial compliance with the iEntrepreneur, AmBR8 will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, AmBR8 will generally replace the removed material and cease disabling access to it, unless AmBR8 ‘s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
The Terms constitute the entire agreement between each user and AmBR8 and govern each user’s use of the Sites, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. 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. AmBR8 reserves the right to share or transfer personally identifiable information and aggregate information to a third party should AmBR8 ever file for bankruptcy or in the event of a sale, merger or acquisition of AmBR8.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Site Director at firstname.lastname@example.org.
16. PROJECT WEB
AmBR8.com offers a web hosting service that permits project teams to share information among developers and end users (“Project Web”). Your use of the Project Web must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You agree that you will protect the privacy and legal rights of the end users of your Project Web application. You must provide legally adequate privacy notice and protection for end users and are responsible for the security of such information, as such data only impacts end users of your Project Web application. If end users provide you with user names, passwords, or other login information or personally identifiable information, you must make the users aware that the information will be available to your application and to AmBR8.
You agree that AmBR8 has no responsibility or liability for the deletion or failure to store any Project Web content and other communications maintained or transmitted through use of the Project Web service. You further acknowledge that you are solely responsible for securing and backing up your applications and any Project Web content.
Last modified: 12/12/2010