Terms & Conditions
TERMS OF USE – As of August 28th 2012
The Learnerator service and website (collectively, “Learnerator” or “the Service”) are operated by Learnerator LLC (“us”, “we” or “the Company”). By accessing or otherwise using our website at www.Learnerator.com (the “Site”), you (the “User”) agree that you have read, understand and agree to be bound by these terms and conditions (“Terms of Use”). If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site.
Learnerator Services
Learnerator is an online provider of educational tools and content (collectively, all Learnerator content, products, and tools are called "Services").
The Learnerator website and all related Learnerator Services are provided by Learnerator LLC, a U.S. corporation.
Responsibilities of Use
The user is wholly responsible for the use of Learnerator Services, including but not limited to communications with other Learnerator users and abiding by any applicable law during such use. User acknowledges that all use of Learnerator is subject to applicable federal, state, and local laws.
Privacy
We understand and respect your concerns about the use of your personal information. We will not share any of the personal information you provide us in your use of our Site to any third party.
When you use Learnerator, you provide us with two types of information: personal information that you knowingly choose to disclose to us and information collected by us as you interact with our Website.
When you register with Learnerator or accept permissions within Facebook for the Learnerator application, you provide us with, or agree to allow Facebook to provide us with, certain personal information such as your name, your email address, and any other personal or preference information that you provide to us. You will also be asked to create a password.
Learnerator employs browser cookies and other technologies to collect information about users, such as their IP address, the type of browsers used, web pages viewed, and other information. We take measures to ensure that our cookies do not collect personally identifiable or sensitive information. The aggregate information we collect is analyzed and may be combined with similar aggregate information of other visitors to our Website. You may set your browser to reject cookies; however, this may affect some functions of the Site.
The information that we collect through registrations and monitoring usage data will be used solely for Learnerator to best run its operations and deliver its services. Should we intend to use your personal or browsing data for any purpose other than which is implied or stated, your permission will be asked and you will have an opportunity to opt out.
Learnerator does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Learnerator or send any information about yourself to us, including your name, address, telephone number, or email address.
Account Usage
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update your Registration Data, and any other information you provide to the Company, in order to keep such information accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Content Copyright
© Learnerator LLC. Review content produced by Learnerator LLC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. For more on our copyright permissions, please visit this page.
User License
Learnerator grants User a personal, non-transferable, non-exclusive, revocable license to use Learnerator Services. This limited license can be removed at any time for any reason.
If User subscribes to one of Learnerator‘s Premium Services, User acknowledges that his or her license to use the premium content, product, or service is granted for the period of time purchased, after which time the license will expire automatically, with or without notice to the User
Trademarks
The Learnerator name and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of others’ trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part.
User Conduct
You understand that the Service and the Site are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Third-Party Websites and Content
The Site may contain (or send you through the Site or the Service) links to other websites (“Third-Party Sites”) as well as applications, software, text, graphics, pictures, music, sound, video, articles, photographs, and other content belonging to or originating from third parties. Learnerator makes no warranty regarding the accuracy, appropriateness, or completeness of such content, and is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or applications, software or content does not imply endorsement by Learnerator. If you decide to leave the Site and access a Third-Party Site or Applications, you do so at your own risk.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
Submissions
You acknowledge and agree that any information or content (“Submissions”), provided by you to the Company are non-confidential and shall become the sole and exclusive property of the Company. The Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimers
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, SITE CONTENT, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR THE SERVICE, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Learnerator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company will not be responsible for any loss or damage, including any loss or damage to any User resulting from anyone’s use of the Site or the Service, Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users whether online or offline.
Limitation on Liability
To the maximum extent permitted by applicable law, in no event will Learnerator, or Learnerator‘s suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use or access, Learnerator Services, including, without limitation, work disruptions, incomplete work, damages for loss of goodwill, computer failure or malfunction, or any and all other personal or commercial damages or losses, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Learnerator is not responsible for any liability arising out of the Learnerator Services or any material linked through the services.
Furthermore, User acknowledges and agrees that any damage caused to User‘s computer system as a result of using Learnerator or downloading material from Learnerator is at User‘s own risk and responsibility.
Governing Law
By visiting or using the Site or the Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.
Indemnification
Users agree to indemnify and hold the Company, and its directors, officers, agents, affiliates, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third-Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site.
Modifications to Terms of Use
Learnerator may at any time, change, modify, add, or delete portions of these Terms of Use at any time without further notice. If updated, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.
Entire Agreement
These Terms of Use superseding any prior agreements and constitute the entire agreement between you and the Company regarding the use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.