theLearnia Terms of Service
Last update: June, 2016
Terms you agree to by using theLearnia
Welcome, and thank you for your interest in theLearnia, which operates this website and related online services (such website and related online services are referred to collectively as the “Website”). The following Terms of Service (“these Terms”) – which may be changed at any time and from time to time as provided below – create a contract between an individual user (a “User”), subscriber, customer, Student or Teacher (“you”, “your”, etc), and theLearnia (“theLearnia” or “we” – “us” – “our”, etc.) This contract governs your use of the Website.
Please read the following terms of service carefully.
By registering for, accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions and by future modifications of these terms as provided below.
Who can use theLearnia?
Practically anyone! (Assuming that you are an individual, natural person.) You can visit as a Guest, or you can register as a Student or as a Teacher.
If you are eligible to hold Facebook, twitter or Google+ accounts, then you are eligible to register to theLearnia.
When you register, you get an account. It’s only so that we have the information we need about you and so that no one but registered Students and Teachers can access the interactive features of our Website.
theLearnia permit you to register for the Website through certain third party social networking services, such as Facebook Connect, twitter and Google+ (“Authentication Services”). You are solely responsible for your interactions with the Authentication Service as a result of accessing the Website through the Authentication Service.
theLearnia is mostly what its Students and Teachers make it. You can post and upload all kinds of things on the Website. But make sure you understand our rules about the stuff you put up. Specifically:
Creating content on this Website
Through this Website, you will have the opportunity to create video lessons, courses, tutorials, comments, tests, questions, answers, and other instructional and educational materials: “User-Generated Content.” You may only post items if either (A) you alone created them or (B) you have all permissions necessary to submit the items as User-Generated Content (“Your Licenses”).
More specifically, by posting User-Generated Content to this Website, you guarantee to us that (i) you own or otherwise control all of the rights to the User-Generated Content you post and that you have the right to let us use it as described in Your License to Us, below; (ii) the User-Generated Content you post is accurate, (iii) you have read and understood – and your User-Generated Content fully complies with – these Terms and (iv) your User-Generated Content will not injure anyone.
User-Generated Content Ownership
You continue to own the User-Generated Content you submit, but we may use it.
You (or your licensor(s)) continue to own your User-Generated Content and your Licenses after submitting them to our Website. We do not claim any copyright in User-Generated Content created and posted by individual Users of this Website.
Because one purpose of this Website is to create a sharing educational community, we must have the right to share your User-Generated Content with others and to manage material posted on this Website. Therefore, any time you upload, post, link, transmit or otherwise make any User-Generated Content available on or through this Website, you are automatically granting a license (or sublicense, as the case may be); in either case: “Your License to Us”, which has these characteristics:
- Your License to Us runs to theLearnia and its subsidiaries, affiliates, successors and assigns;
- granting Your License to Us still leaves you free to grant the same rights to others;
- no money need be paid by us for Your License to Us, either to obtain it from you in the first place or as a result of any economic benefit we may get from our use of it in the future;
- we can use Your License to Us anywhere in the world;
- Your License to Us never expires;
- you cannot take back Your License to Us;
- under Your License to Us, we can use, copy, distribute, publicly display and perform, publish, transmit, remove and retain your User-Generated Content in any and all media or forms of communication (whether now existing or hereafter developed) without obtaining any additional consent from you or anyone else, without restriction and without notice to you, and without compensating you in any way.
Your License to Us also allows us to modify your User-Generated Content, as provided in these Terms.
Disclosure and/or removal of User-Generated Content
Because this Website is intended for students and in view of its educational purposes, we reserve the right to ensure that the primary purposes of this Website are protected. Specifically, we may (but are not required to) monitor all User-Generated Content. We may require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We may (but are not required to) remove any User-Generated Content at any time without notice at our sole and absolute discretion.
We reserve the right to disclose any User-Generated Content and the identity of the User who posted or transmitted that User-Generated Content in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect our rights or the rights of others, or to enforce these Terms.
We also reserve the right (but do not assume the obligation) to terminate your access to and use of this Website, or to censor, edit or block your user-Generated Content or other transmissions to the Website, in our sole discretion. We may, however, continue to use blocked User-Generated Content in the same way that we may use non-blocked User-Generated Content. For any purpose described in this paragraph, we may access your account and all of its content. Even if we censor, edit or block any User-Generated Content that you posted or uploaded onto the Website, you will remain the owner of such Content and you will remain solely responsible for it.
Content may be stored on servers not belonging to us
Any User-Generated Content may be stored on our servers, on one or more servers owned by and/or shared with others, where it may be accessible to persons other than theLearnia Users.
Un-published content persists
When you un-publish any of your User-Generated Content, it can’t be seen by other users However, it is still remains on our (or third party) servers. Only if you use the “Delete” option from “My lesson” page, you’ll definitively delete your content form the server.
We want this Website to be a safe, helpful and stable place for everyone to visit. In order to make this happen, we need your help. You agree that:
- You will not post unauthorized commercial communications (such as spam) on this Website.
- You will not collect Users’ content or information, or otherwise access this Website, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any User.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or violence.
- You will not use this Website to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of this Website, such as a denial of service attack or interference with page rendering or other Website functionality.
- You will not facilitate or encourage any violations of these Terms or our policies.
Remember that you are legally responsible for your User-Generated Content. You can be legally held personally responsible if your User-Generated Content is violates the law, is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User-Generated Content submitted by anyone logging onto this Website using your username and password, including those doing so without your authorization.
Special Terms for Content Teachers Contributors
Any User-Generated Content that you provide can be viewed by other users as long as the content is not unpublished specifically by you. By uploading your User-Generated Content, you grant us the right to solicit votes of “like” or of “dislike” from other Users concerning the User-Generated Content.
We may add commercial advertising content to any movie or other User-Generated Content that you upload, by embedding such content into the movie or by other means.
However, Teachers may not add any commercial matter (for example, by means of subtitles, embedded video or audio, or video overlay) without our prior written approval. Any attempt to do so will be considered a violation of these Terms and may result in the Teacher’s Account termination and/or deletion of any of the Teacher’s User-Generated Content. However, a Teacher may add her/his logo as an overlay to her/his User-Generated Content, as long as the ratio of logo size to content size is 1:20 or less.
Our Ownership and Intellectual Property Rights
This Website and everything on it (other than User-Generated Content) – text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials – as well as the software and code that underlie and shape the functionality and appearance of this Website (“Content”), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Israel and other countries. All Content and associated intellectual property rights are the property of theLearnia (except those parts of the Content that belong to others, which are included with the permission of the rights owners) and is protected pursuant to applicable copyright and trademark laws.
The fact that we have made Content available on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content simply by virtue of the fact that you can view and use it on this Website. Unless specifically permitted by other sections of these Terms, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, without our prior written permission.
You may not, for any purpose, copy any Content, or copy and reformat it, or download it, without our prior, written permission.
Removal of Content
Violation of copyright
We do not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
The name, “theLearnia” and all associated names, logos, product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of theLearnia (the “theLearnia Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You are not authorized to display or use the theLearnia Marks in any manner without our prior written permission.
However, you may display or report theLearnia trademarks, trade names and company names in your blogs other, similar commentary in which you are describing theLearnia and its programs and objectives with a view to informing your readership of theLearnia’s potential value and opportunities.
Other obligations on your part
In exchange for our allowing you to use this Website, you assume a number of legal obligations. Many have been described above. In addition, you agree:
- to provide true, accurate and complete information about yourself and to keep that information current; and
- to receive emails from us at any time and from time to time that may include updates and other news about theLearnia and may also include advertising for products or services that we believe may interest you. You may unsubscribe to such emails, but we may terminate your Account if you do; and
- to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access to or use of this Website (including any information, materials, products or services available through this Website).
If a dispute arises between you and us with respect to any of these Terms, or their application to your use of the Website or your account with theLearnia, or any services provided to you by theLearnia, then we and you will submit the dispute to the court of law in Israel.
In addition to obtaining and injunction as provided above, we would also have the right to recover from you all appropriate direct and consequential money damages for the prohibited activities.
Any such dispute must be brought to our attention within one year after the date on which the most recent event that gave rise to the dispute occurred. If it is not brought to our attention within such one-year period, it is permanently barred.
If anyone brings a claim against us related to your actions, content or information on theLearnia, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for User conduct, we do not control or direct Users’ actions on theLearnia and are not responsible for the content or information that Users transmit or share on theLearnia. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on theLearnia. We are not responsible for the conduct, whether online or offline, or any user of theLearnia.
Disclaimers of warranties
WE TRY TO KEEP THELEARNIA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THELEARNIA AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THELEARNIA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THELEARNIA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
THELEARNIA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THELEARNIA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THELEARNIA WILL NOT EXCEED US$100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THELEARNIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms May Change
As theLearnia changes and grows over time, we may need to implement new policies. We reserve the right to update or modify these Terms, at any time and without prior notice to you, by posting the revised version of these Terms on this Website. All such changes will be effective as of the date we post the revised version on this Website. Your use of this Website following any such change constitutes your agreement to be bound by the revised Terms.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review these Terms. We will provide the new effective date at the top of these Terms. You may access the current version of these Terms at any time by clicking on the link marked “Terms” at the bottom of each page of this Website.
While we intend theLearnia to continue indefinitely, we have no obligation to continue it. We may terminate all or any part of theLearnia and/or the Website at any time, for any reason, in our sole discretion, and if we do we may delete all User-Generated Content without any need for notice to or consent by any User.
These Terms constitute the entire agreement between the parties regarding theLearnia, and supersede any prior agreements. Nothing outside these Terms – no memorandum, notes, publication, webpage or other writing – is part of these Terms, no matter what any person may have told you or us.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, that failure will not be considered a waiver of any of our rights.
Amendments to these Terms may be made unilaterally by us, as provided above; but you may not amend these Terms.
You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the law.
These Terms do not confer any rights on any third party, as beneficiary or otherwise.
Nothing in these Terms is intended to deprive any User of any right to which he/she is entitled as a matter of applicable law.
You will comply with all applicable laws when using or accessing theLearnia.