THELEARNIA TERMS OF SERVICE
Last Updated: June 20, 2017
TERMS YOU AGREE TO BY USING THELEARNIAWelcome, 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, registered or a paying customer.
HOW DO YOU GET STARTED?sign up to theLearnia by providing a valid e-mail address through certain third party social networking services. Please note that You shall be responsible for all activities that occur under your user name and password, whether or not authorized by You. theLearnia will not be liable for any loss or damage arising from a User’s failure to comply with this provision, and shall not be liable for actions taken by others who access a User’s account.
WHAT DO YOU GET BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT?By agreeing to the terms and conditions of this Agreement, You will be able to use the Application and create video lessons, which will be automatically stored on theLearnia’s servers. You are entitled to present Your video lessons anywhere and download them in order to use them offline. You may use any of the tools we provide and pre-designed templates for the purpose of creating video lessons only and solely for your own use. You are also entitled to use, save, delete, modify and share any video lesson and made as a result of the use of the Service to any third party by any means all subject to any restrictions, as provided hereto and/or on the Website, with respect to any trademarks, ownership and/or copyright notices. You hereby confirm that you have the right to freely use any text, images, logos, audio and any other objects/information incorporated by you in a video lesson to the extent that you are a Standard User, also the full right to grant to all other theLearnia Users the right to freely use such video lessons. BY USING THE SERVICES IN ANY MANNER, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND ANY AND ALL OTHER TERMS, POLICIES OR PROCEDURES, EACH AS AMENDED AND PUBLISHED ON THE WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THE TERMS CONTAINED HEREIN, DO NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. AS LONG AS YOU DO NOT CEASE USING THE SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
WHAT KIND OF USER WOULD YOU LIKE TO BE?You may enjoy our Service in a few different manners, as applicable, the main ones are as follows: 1. “Standard User” (free account) – A Standard User may create up to 3-minute video lessons, which shall be public at all times (i.e, can freely be accessed, viewed and used by other Users). theLearnia can add non-removable theLearnia logo that will always appear on Standard Users’ video lesson. All of the content that You create as a Standard User, including all of the information within your video lessons, will be available to anyone who has access to the internet. Public video lessons can be viewed by other Users and will be available for others to access and view online and use at their discretion. Accordingly, you hereby grant to each User and to the public a personal, non-commercial, non-exclusive license to access, view, distribute and publicly display your public video lesson. 2. “Premium User”, “Business” plans and such other paid accounts we may offer from time to time (paid account) – A paid user may record up to 15 min video lessons (subject to user hardware and software limitations), convert to standard video format, download and save offline and distribute the video lessons outside theLearnia’s platform. As a paid account user, you can switch your video lesson into private which will be available to You only. theLearnia provides 3 modes of visibility as follows: o Public – all users and guest of theLearnia website can watch, share or embed the video lessons that are private. By default all video lessons you creates will classified as public, unless you manually change them to other visibility mode o Unlisted (paid account only) – Only users with the lesson’s URL will be able to watch the video. The Unlisted video are used mainly to share video with one or more specific users. o Private (paid account only) – Only you as the creator of the video will be able to watch it. More Information regarding the different packages and services we offer, as well as their pricing, billing method, etc., can be found here: http://www.thelearnia.com/pricing/ In order to continually improve the Services, theLearnia may decide from time to time to alter the features of each version or service level of the Services. theLearnia charge recurring monthly fees, billed in full in advance, are specified in our pricing table at the time you joined the designated plan. All fees are exclusive of any type of taxes. You may cancel a subscription, upgrade or downgrade the account at any time. Any change you made in your account will immediate your service according to the new plan. Payment according to the new plan will be updated on the next coming billing. theLearnia retains its right to amend any and all prices and fees, provided however, such changes will not be in effect retroactively for subscriptions already purchased, and theLearnia will give its Users 30 days’ notice of any change in the price of the Services by posting details of the relevant changes on the Website or sending them to you by way of email or push notification. If your billing information and payment source is invalid, if charges billed to you are declined or not paid or if you fail to pay charges for a paid version of Services when due, your account may be downgraded, suspended or cancelled, at our discretion. If a User account is suspended, theLearnia may, but is not obligated to, maintain your account and/or related information and video lessons.
HOW CAN YOU PAY FOR THE SERVICE?All payments shall be made via PayPal, in accordance with the billing information You provided and the authorization granted to charge your PapPal account. theLearnia will not issue an invoice. You may use the invoice generate by PayPal instead. theLearnia reserves the right to amend or remove any means of payment from time to time, by posting a notice to that effect on the Website. Please notify theLearnia at info@theLearnia.com regarding any difficulty or request in connection with the payment or registration process.
HOW LONG CAN YOU KEEP USING THE SERVICE?You may terminate this Agreement at any time without notice by discontinue all further use of the Services and promptly uninstall and erase/delete all copies of the Application in your possession. Upon termination hereof the license granted herein to use the Services shall expire. Notwithstanding the above, upon termination of your account for any reason, you may be refunded fees, by no more than the amount charged and actually received by theLearnia for subscription fee for last month unutilized. 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.
UPDATESThe Application may be updated from time to time. You hereby consent and understand that certain changes may be made to the Application from time to time resulting in changes to the appearance and performance of the Application. Your continued use of the Application following its update shall be governed by this Agreement unless you are asked to agree to a new Agreement.
THELEARNIA’S PROPRIETARY RIGHTS AND YOUtheLearnia IP
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.
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;
- You grant us to publish your content, trade it, share it on other platform, as long as the content was classified as Public at the date of converting or sharing (which ever comes first);
- 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.
Removal of 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 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.
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.
COMMUNITY STANDARDSWe 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.
OTHER OBLIGATIONS ON YOUR PARTIn 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 WARRANTIESWE 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 CHANGEAs 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.
OTHERWhile 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.