Terms of Use

Learningmakers.com is a social networking service that allows Members to create unique personal profiles online in order to author educational content and to discover and use resources found and used by other members of the social network. The services offered by Learningmakers.com ("Learningmakers.com" or "we") include the Learningmakers.com website (the "Learningmakers Website"), the Learningmakers.com discovery,authoring, and sharing tools, and any other features, content, or applications offered from time to time by Learningmakers.com in connection with the Learningmakers Website (collectively, the "Learningmakers Services"). The Learningmakers Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Learningmakers Services. By using the Learningmakers Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Learningmakers Website) or you are a "Member" (which means that you have registered with Learningmakers.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Learningmakers Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Learningmakers Website and discontinue use of the Learningmakers Services immediately. If you wish to become a Member, communicate with other Members and make use of the Learningmakers Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Learningmakers.com's policy for acceptable use of the Learningmakers Services and Content posted on the Learningmakers Website, your rights, obligations and restrictions regarding your use of the Learningmakers Services and Learningmakers.com's Privacy Policy. In order to participate in certain Learningmakers Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions [REX is an example]. Unless otherwise provided by the additional terms and conditions applicable to the Learningmakers Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Learningmakers.com, Subject: Terms of Use Agreement.

Learningmakers.com may modify this Agreement from time to time and such modification shall be effective upon posting by Learningmakers.com on the Learningmakers Website. You agree to be bound to any changes to this Agreement when you use the Learningmakers Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Learningmakers.com and that you provide to other Users. Your Learningmakers.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Learningmakers.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Learningmakers.com assumes no responsibility or liability for this material. If you become aware of misuse of the Learningmakers Services by any person, please contact Learningmakers or click on the "Report Inappropriate Content" link at the bottom of any Learningmakers.com page.

Learningmakers.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Learningmakers Services at any time, for any or no reason, with or without prior notice, and without liability. Learningmakers expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Learningmakers Services if Learningmakers determines, in its sole discretion, that you pose a threat to Learningmakers and/or its Users.

Eligibility.

Use of and Membership in the Learningmakers Services is void where prohibited. By using the Learningmakers Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Learningmakers Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Term.

This Agreement shall remain in full force and effect while you use the Learningmakers Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Learningmakers.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

Fees.

You acknowledge that Learningmakers.com reserves the right to charge for the Learningmakers Services and to change its fees from time to time in its discretion. If Learningmakers.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Learningmakers.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members.

The Learningmakers Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Learningmakers.com. Illegal and/or unauthorized use of the Learningmakers Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Learningmakers Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Learningmakers Services.

Proprietary Rights in Content on Learningmakers.com.

Learningmakers.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Learningmakers Services. After posting your Content to the Learningmakers Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Learningmakers Services, you hereby grant to Learningmakers.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Learningmakers Services.

Without this license, Learningmakers.com would be unable to provide the Learningmakers Services. For example, without the right to modify Member Content, Learningmakers.com would not be able to digitally compress audio files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Learningmakers.com could not allow Users to access the content posted by Members. The license you grant to Learningmakers.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Learningmakers.com), fully-paid and royalty-free (meaning that Learningmakers.com is not required to pay you for the use on the Learningmakers Services of the Content that you post), sublicensable (so that Learningmakers.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Learningmakers Services), and worldwide (because the Internet and the Learningmakers Services are global in reach). This license will terminate at the time you remove your Content from the Learningmakers Services. The license does not grant Learningmakers.com the right to sell your Content, nor does the license grant Learningmakers.com the right to distribute your Content outside of the Learningmakers Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Learningmakers Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Learningmakers Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Learningmakers Services.

The Learningmakers Services contain Content of Learningmakers.com ("Learningmakers.com Content"). Learningmakers.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Learningmakers.com owns and retains all rights in the Learningmakers.com Content and the Learningmakers Services. Learningmakers.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Learningmakers.com Content (excluding any software code) solely for your personal use in connection with viewing the Learningmakers Website and using the Learningmakers Services.

The Learningmakers Services contain Content of Users and other Learningmakers.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Learningmakers Services except where such content is explicitly made available by the copyright holder through the Learningmakers Services for that purpose. [requires a specific agreement to allow content to be shared or we rely on an implicit license as follows]

and/or

Content licence from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Learningmakers a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Learningmakers to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

You agree that this licence includes a right for Learningmakers to make such Content available to other companies, organizations or individuals with whom Learningmakers has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that Learningmakers, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Learningmakers to take these actions.

You confirm and warrant to Learningmakers that you have all the rights, power and authority necessary to grant the above licence.

Other content

The Services may include hyperlinks to other web sites or content or resources. Learningmakers may have no control over any web sites or resources which are provided by companies or persons other than Learningmakers.

You acknowledge and agree that Learningmakers is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Learningmakers is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Content Posted.

Learningmakers.com may delete any Content that in the sole judgment of Learningmakers.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Learningmakers.com assumes no responsibility for monitoring the Learningmakers Services for inappropriate Content or conduct. If at any time Learningmakers.com chooses, in its sole discretion, to monitor the Learningmakers Services, Learningmakers.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Learningmakers Services, and any material or information that you transmit to other Members and for your interactions with other Users. Learningmakers.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Learningmakers.com prior to posting and does not necessarily reflect the opinions or policies of Learningmakers.com. Learningmakers.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Software updates

The Software which you use may automatically download and install updates from time to time from Learningmakers. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Learningmakers to deliver these to you) as part of your use of the Services.

Ending your relationship with Learningmakers

The Terms will continue to apply until terminated by either you or Learningmakers as set out below.

If you want to terminate your legal agreement with Learningmakers, you may do so by (a) notifying Learningmakers at any time and (b) closing your accounts for all of the Services which you use, where Learningmakers has made this option available to you. Your notice should be sent, in writing, to Learningmakers’s address which is set out at the beginning of these Terms.
Learningmakers may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Learningmakers is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Learningmakers offered the Services to you has terminated its relationship with Learningmakers or ceased to offer the Services to you; or

(D) Learningmakers is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Learningmakers is, in Learningmakers’s opinion, no longer commercially viable.

Nothing in this Section shall affect Learningmakers’s rights regarding provision of Services under Section 4 of the Terms.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Learningmakers have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Learningmakers’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, Learningmakers, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Learningmakers OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Learningmakers FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN PARAGRAPHS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Learningmakers, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGEAS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH Learningmakers MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE Learningmakers WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON Learningmakers’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Learningmakers HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms constitute the whole legal agreement between you and Learningmakers and govern your use of the Services (but excluding any services which Learningmakers may provide to you under a separate written agreement), and completely replace any prior agreements between you and Learningmakers in relation to the Services.

You agree that Learningmakers may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if Learningmakers does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Learningmakers has the benefit of under any applicable law), this will not be taken to be a formal waiver of Learningmakers’s rights and that those rights or remedies will still be available to Learningmakers.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.