Welcome to LearnZillion! These are the terms of your using the websites (the “Sites”) operated by LearnZillion, Inc. ("LearnZillion", “we” or “us”). PLEASE READ THESE TERMS CAREFULLY.
The lesson structures, video, images, audio and text (“Content”) available through the Sites are subject to different licenses.
Certain of our Content is licensed under Creative Commons licenses. This content will be labeled with the applicable type of license, e.g. “CC BY-NC-SA”, and you can read the details of those licenses here: https://creativecommons.org/licenses
In addition, we grant you a royalty-free, non-exclusive, non-transferrable, worldwide license to view, download and make private copies of our Content, and to transmit and perform it in K-12 educational settings or for non-commercial purposes. This license does not include the right to upload our Content to other websites, distribute our Content or to make our Content publicly available. We also grant to you the right to make derivative works of Content where that permission is stated on our web page for such Content.
Certain types of accounts may enable you to contribute to the Sites by uploading Content. You will continue to own any such Content even after you upload it. However, by uploading Content, you grant us a royalty-free, non-exclusive, transferable, sublicensable (through multiple tiers), worldwide license to use, host, reformat and reproduce your Content and transmit and display it to others in a way that’s consistent with the publishing options you choose through the Site. This license will be perpetual unless you notify us through the Site or otherwise that you would like your Content removed.
You also grant to us and to users of the Sites who you’ve permitted to view your Content the right to download, transmit, reproduce and use your Content and to publicly perform it (for instance, to a class or a public talk). If you set an option through the Site to allow others to make derivative works of your Content, then you grant us the right to grant to our users the right to make derivative works of your Content and you waive the right to revoke the above licenses to your Content to the extent it’s used in those derivative works. You also grant us a license to archive and use any Content you provide for resolving disputes, legal proceedings or investigations.
As we work to add social features, we expect our users to interact with each other as respectful education professionals and to post only appropriate Content. We may suspend or terminate the accounts of users for any reason, in our sole discretion, but we are particularly likely to do so if a user behaves obnoxiously, harasses other users, makes discriminatory comments or posts Content not appropriate for a K-12 educational setting.
You agree to indemnify us and our affiliated companies, customers, partners and licensors (including in each case their officers, employees and agents) from any losses, liability costs and expenses (including reasonable attorneys’ fees) arising from any claims relating to your use of the Sites, your breach of these Terms, any communication or transaction between you and another user of the Sites, your violation of any third party’s rights (including any intellectual property or privacy right) or the Content that you provide or make available through the Sites.
You may not upload or transmit any Content to or through the Sites that violates any law or infringes the rights of any third party, and we will hold you responsible for any claims brought against us by third parties because of your Content (see “Indemnification” , above).
If a copyright that you own or have an exclusive license to is infringed by Content provided through the Sites, you can request that we remove it by sending us the notice required under the Digital Millennium Copyright Act. At a minimum you must provide this information:
You may contact us about any alleged infringement as follows:
LearnZillion, Inc. firstname.lastname@example.org
If you believe that your trademark is being infringed by the Sites, please email us with the details at: email@example.com
The Sites are provided “as is” and without any warranty, and you use them at your own risk. To the extent that we can legally do so, we don’t warrant that the Sites are useful for any particular purpose, that they are non-infringing or that they meet your standards or anyone else’s standards. In particular, we don’t promise that the Sites will be available at any particular time or that the Sites will be error free, accurate or reliable.
Certain Content on the Sites is provided by our users, and we take no responsibility for the Content they provide.
You are entirely responsible for any actions that are taken using your login information or credentials, even if they are obtained illegally by someone (such as a hacker) or if you disclose them by accident.
If you are not happy with the performance or the content of the Sites, your sole remedy is to stop using them. You agree that, to the maximum extent allowed by law, we will not be liable to you for any claim (including claims for breach of contract, negligence or tort) relating directly or indirectly to these Terms or the Sites, even if we are negligent. In particular, even if you have notified us about a potential adverse effect, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including lost profits, lost savings, loss of goodwill or the cost of substitute goods.
You also agree that this this limitation also applies to any such claims you have against our affiliated companies, customers, partners or licensors (including in each case their officers, employees and agents).
We will not be liable in any way for interruption to your classes, the loss or corruption of Content that you provide us, your use of the Services or inability to use the Services, Content provided by other users or third parties or changes we make to the Services or our decision to stop providing the Services.
If such damages can’t be fully disclaimed under applicable law, our maximum aggregate liability to you for all such claims shall not exceed the greater off (a) the amount you have paid us in the last six months and (b) $100.
If we need to contact you in connection with these Terms or your use of the Sites, we will send any notices to the email address you last provided to us. We will also post general legal notices to the Sites. You can send legal notices to us at firstname.lastname@example.org.
Any claims related to the Sites of these Terms brought by you or by us will be resolved under the laws of the state of Delaware (excluding choice of law principles) and must be brought in an appropriate court in that state. Both you and LearnZillion agree to the jurisdiction of Delaware courts, and neither of us may object to having claims brought against us in Delaware on the grounds that it’s not convenient.
We may change these Terms from time to time; we will post notices on the Sites and send emails to registered users when we make such changes, but ultimately you are responsible for complying with the most recent version of these Terms, which you can find through a link on the bottom of our home page and on other pages as well.
We may change the functionality of the Sites, or stop offering the Sites altogether, at any time and without notice to you.
We will delete your account upon your request, unless your account is provided through an agreement we have with have with another party, such as a school district. After you have deleted your account, your Content will no longer be accessible through the Sites unless you have granted others the right to make derivative works, in which case those derivative works may still be available.
We may suspend or terminate your account at any time, in our sole discretion. This is especially likely if you violate these Terms, fail to log in for an extended period of time or abuse the Sites or other users.