Articles

Completed version of Terms & Conditions

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. More specifically:

Guests

Anyone can be a Guest. If you don’t register, you’re a Guest. You can view all Website content but you can’t post comments, rate content or use the Social Module to interact with other Users as friends.

Students

Anyone over the age of six can become a Student by completing the Student registration.

If you have not yet had your 14th birthday, you can only use the Website as a “Child Student”. CLICK HERE to see these Terms in a version simplified for Child Students. For you to register as a Child Student, at least one of your parents (or your guardian, if you have one) must become a Student’s Parent and give us written consent to your registration as a Child Student. You may begin the registration process without a Student’s Parent but you may not complete it until a Student’s Parent approves your registration.

Student’s Parents

If you are at least 18 years of age and you are the parent or legal guardian of a child under 14, who wishes to register as a Child Student, you have been or will be asked to verify certain information that we need in order to complete your child’s registration. You must also become familiar with our Children’s Information Policy (which is part of our Privacy Policy). If you like, you may also register as a Student (or a Teacher) yourself. You may not approve a Child Student account for any User other than the your own children or wards. IF YOU APPROVE THE REGISTRATION OF ANY CHILD STUDENT, YOU ARE GUARANTEEING TO THE LEARNIA THAT YOU ARE THE CHILD STUDENT’S PARENT OR LEGAL GUARDIAN AND YOU AND THE CHILD STUDENT WILL EACH BE EQUALLY BOUND BY THESE TERMS. YOU WILL BE RESPONSIBLE IN EVERY RESPECT FOR THE CHILD STUDENT’S USE OF THE WEBSITE.

Teachers

If you are over 14, you may register as a Teacher. Note our special Terms applicable to Teachers.

Accounts

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. Since you’re giving us private information, it’s important for you to be careful about your account. Specifically:

Passwords; Account Confidentiality

In registering as a Student or a Teacher, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and are solely responsible for all activities that occur under your account or password. We suggest that you pay special attention to security when you use any public computer, such as a computer in a public library. For example, if you do not log out properly, another person can access your theLearnia account.

Loss of Account Security

If you have reason to believe that your account is no longer secure (for example, if you suffer a loss, theft or unauthorized disclosure or use of your account ID and password), then you must immediately take steps to restore security. If you believe that your password has been stolen, our standard procedures will allow you to reset you password.

However, theLearnia accepts no responsibility beyond that to assist you in the event of any such loss, theft or unauthorized disclosure or use. You will be solely liable for any losses incurred by theLearnia or others due to any unauthorized use of your Website account.

Authentication Services

theLearnia may permit you to register for the Website through certain third party social networking services, such as Facebook Connect 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.

Monitoring Account Activity

We treat matters regarding the age of our Users seriously. We may (but are not obligated to) monitor any activity occurring in any Account, including chat instant messages, email, content view history, friends, and other matters, in order to verify that a particular User is over 14, unless the User is registered as a Child Student. If we determine that a User submitted inaccurate information to us we may close his/her Account and delete all its Content without notice and without liability. More generally: we have the right to access your account at any time in order to make sure you are conforming to these Terms. If we find that you are not, then we may in our discretion modify or delete any User-Generated Content in your account, or close your account, all without notice and without liability to you or anyone else.

User-Generated Content

(Your intellectual property rights and obligations)

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 and post files, video clips, 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;

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, or on the servers of content providers such as YouTube or Vimeo, where it may be accessible to persons other than theLearnia Users.

Content on YouTube may be played through the Website

YouTube terms of service permit us to link YouTube content to the Website, as long is such content is streamed via YouTube Embeddable Player. If you have posted content on YouTube, we may make that content available to Users on our Website without prior notice to you and without your prior consent. However, if you do not want to share your YouTube content with theLearnia Users, you can simply delete it from YouTube or disable the embedded movie option on YouTube. If you do so, the Website will no longer present your YouTube content.

Un-published content persists

When you un-publish any of your User-Generated Content, it can't be seen by other users However, it may still remains as a backup on our (or third party) servers.

Deleted an account

Either if you decide to delete your account or theLearnia team has decided to delete your account (which is a different action from un-publishing) the content uploaded by you or the links that you contributed will remain on our server and might be used by others who share our website.

Community standards

(What we consider proper behavior on theLearnia)

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:

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 Teachers

If you register with us as a Teacher, then in addition to being bound by all the other Terms, you are also bound by the following:

As a Teacher, you can contribute content. Any User-Generated Content that you provide (including anything that you write on your wall) can be viewed on the walls of all other Users, including those of other Teachers and of Students: Students and Teachers can view your profile, see what you wrote on your wall and with whom you have been in contact, even if they do not ask you to be their “friend”.

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 ourselves may (but are not obligated to) rate your User-Generated Content and you as a Teacher, in our sole discretion and according to whatever criteria we may deem appropriate at the time, and we may publish our ratings on the Website. We may (but are not obligated to) also recommend selected Teachers on the Website, in our sole discretion and according to whatever criteria we may deem appropriate at the time.

We may add commercial advertising content to any movie or other User-Generated Content that you upload, by imbedding 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.

Teachers are encouraged to add personal details to their profiles; all content of profiles can be viewed by any User. In order to allow us to credit Teachers most effectively for their User-Generated Content, they should upload photos of themselves to their profiles, for attachment to User-Generated Content with the Teacher’s name.

Our Ownership and Intellectual Property Rights

(Our Ownership of this Website and its Content)

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 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

 

If you believe Content on this Website is harmful, offensive or violates your rights and want us to remove it, please use the "Report Abuse" button attached to each video clip. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests in reasonable time and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms, our Privacy Policy, and applicable law.

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.

Any Teacher or theLearnia team or one of its employees can link content from sources such as YouTube or Vimeo to appropriate elements in the Website. If you find linked Content that you believe is yours, you may register with theLearnia as a User, then report "I'm the content owner" by pressing the "report" button located under each video clip of our Website Content and then leaving your details. theLearnia will determine if you are the owner of such Content (and its determination will be conclusive) and you consent to such direct contact in connection with our determination. If we determine that the Content is in fact yours, then we will attach the link to your profile, so you can start gaining credit.

Trademarks

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:

Disputes

 

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 mediation, using a commercial mediation service in New York, New York. There will be a single mediator. The mediation may be conducted, at the mediator’s option, in person, by conference call (audio only  or video), or through correspondence of any kind designated by the mediator.

If such mediation fails to resolve the dispute within 30 calendar days after the day on which the mediator first hears both parties, then the dispute shall be submitted to arbitration. Either party may commence the arbitration. The arbitration will take place in New York, New York, and will be administered by the American Arbitration Association (“AAA”) under its International Commercial Arbitration Rules and the following additional rules:

(a)        There will be a single arbitrator, appointed by the AAA. The arbitrator must be expert in on-line educational websites and their operation.

(b)        Until the arbitrator’s award is made, the parties will share all AAA and arbitrator fees equally, and each party shall bear all his/her/its own costs in connection with the arbitration, including without limitation attorneys’ fees and fees charged by his/her/its own witnesses. However, the arbitrator’s award must order the losing party to pay to the prevailing party an amount equal to all the prevailing party’s costs incurred in connection with the arbitration, including without limitation the prevailing party’s share of the AAA and arbitrator fees and all the prevailing party’s witness fees and attorneys’ fees and costs.

(c)         The provisions of this subparagraph (c) apply only if in an arbitration commenced under this Agreement there are both a claim and a counterclaim and if awards are made to both the claimant and to the counterclaimant. In that event, and if monetary awards are made in favor of both the claimant and the counterclaimant, then the arbitrator shall aggregate all costs, fees and expenses of the parties and shall apportion them between the parties in the ratio of the amount of the claimant’s award to the counterclaimant’s award. If either of the claimant’s award and the counterclaimant’s award contains an injunction or other non-monetary relief, or if both awards do, then the arbitrator shall aggregate all costs, fees and expenses of the parties and shall apportion an equal share to each party.

You and we expressly and irrevocably waive all rights to have any dispute adjudicated or reviewed by any court or tribunal other than the AAA as provided in these Terms.

You acknowledge that some failures of a User, like you, to conform to these Terms might cause us irreparable harm, and that in that circumstance we would have the right to obtain from the arbitrator an injunction against your continuation of the harmful activity.

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.

The arbitrator’s award will be final and binding on both parties and may be entered and enforced as a judgment in any court of competent jurisdiction.

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.

Indemnification

 

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.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

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.

Additional Terms May Apply to You

 

We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Website, to participate in certain promotions or activities available through this Website, or for other reasons.

Special Provisions Applicable to Users Outside the United States.

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with theLearnia outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on theLearnia (such as advertising or payments) or operate a Platform application or website.

English version controls

 

These Terms were written in English. If you are reading these Terms in a language other than English, even if we are responsible for the translation of these Terms into the language in which you are reading them, be advised that wherever there may a be a difference between the English-language version of these Terms and the version that you are reading, the English-language version will control.

Other

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.