LEARNING.COM USER AGREEMENT

Last Updated September 21, 2023

Welcome to The Learning Internet, Inc.'s Learning.com digital learning platform (the "Learning.com Platform") at Learning.com's designated website (the "Site"). References to "us", "we", "our", or "Learning.com" herein shall mean The Learning Internet, Inc., dba Learning.com.

PLEASE READ THESE TERMS AND CONDITIONS CONTAINED IN THIS LEARNING.COM USER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE LEARNING.COM PLATFORM AND THE SITE. BY USING OR ACCESSING THE LEARNING.COM PLATFORM, YOU AGREE TO FOLLOW THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE LEARNING.COM PLATFORM.

ACCESS TO THE LEARNING.COM PLATFORM
Access to the Learning.com Platform requires the use of a user name, password, and school district name. By using the Learning.com Platform, you are hereby agreeing to not allow other users to enter the Learning.com Platform using your user name, password, and school district name. You also agree neither to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the features, applications or elements of the Learning.com Platform, nor to attempt or assist another person to do so. Your use of the Learning.com Platform is provided pursuant to a license from Learning.com to you. This license is non-exclusive and revocable. In the event that you violate this Agreement, Learning.com maintains the absolute right to terminate the license granted to you for the use of the Learning.com Platform.

PROHIBITED USES OF THE LEARNING.COM PLATFORM
Learning.com intends for the Learning.com Platform to create a community that supports teachers as they educate students. In the event that you use the Learning.com Platform for purposes that are not compatible with this goal, Learning.com may immediately terminate your license to use the Learning.com Platform. You agree that you will not use the Learning.com Platform in any of the following prohibited ways:

  1. Sending or posting unsolicited commercial communication (aka "spam");

  2. Giving your login information (username, password, and school district name) to a third party or assisting an unauthorized user in accessing the Learning.com Platform;

  3. Using the Learning.com Platform or Site to access computers, accounts, or networks belonging to Learning.com or others without authorization; penetrating security measures (e.g. hacking); monitoring data without permission; interfering with any service provided by us; collecting personally identifiable information without express, knowing consent of the person identified (e.g. phishing, scamming, harvesting, spidering, etc.); using deceptive information to disguise the source of information; or distributing advertisement or other software including any software which cannot be easily removed using standard tools on major operating systems (such as the "add/remove" tool provided with Microsoft operating systems);

  4. Uploading to the Site or sending or otherwise knowingly distributing through the Site any Internet viruses, worms, Trojan horses, denial of service attacks, or any other actions that have the effect of interfering with the normal operations of the Learning.com Platform or the Site;

  5. Posting content that is hateful, defaming, harassing, threatening, bullying, intimidating, pornographic, or that contains nudity or graphic or gratuitous violence; or

  6. Using the Learning.com Platform or the Site to do anything that is misleading, malicious or discriminating, or that violates any applicable local, state, or federal laws, rules or regulations.

STUDENT DATA
As part of your use of the Site, you may opt to import and use student data in order to assign and track student usage of content. You hereby represent that, should you opt to import and use student data, you have the required authority and permission to upload and use any such student data. You further agree to abide by all applicable local, state, or federal laws, rules or regulations, including, without limitation, applicable Federal Educational Rights and Privacy Act (“FERPA”) rules, regulations, and requirements when using, posting or otherwise making use of student data. Where FERPA applies, we provide services to you under the school official exception of FERPA 34 CFR Part 99.31(a)(1). You also acknowledge that Learning.com is providing services to you hereunder solely in the educational context authorized by you pursuant to this Agreement and solely for the benefit of students and the school system. By using or accessing the Learning.com Platform, you consent to our collection, use and disclosure of information from students, pursuant to the Children’s Online Privacy and Protection Act (“COPPA”), for the purpose of providing the educational services to you as described in this Agreement and in our COPPA Notice. You represent and warrant that you have the authority to provide such consent on behalf of parents and guardians before allowing students under 13 to access the Learning.com Platform. You agree that you will provide appropriate disclosures to students and parents or guardians regarding their use of the Learning.com Platform, including a copy of our COPPA Notice.

USE OF CONTENT
As part of your use of the Learning.com Platform, you may be accessing content owned by Learning.com, as well as content owned by certain third-party providers. Access to any of this content is provided pursuant to a license, either from Learning.com, or from the third-party provider from whom you are licensing the content. You hereby acknowledge that the license to each Learning.com product and services you use is a binding agreement between you and Learning.com. As part of your licensing of Learning.com content, you or your institution has received an order confirmation from us. You hereby agree to be bound by the terms and conditions contained in the order confirmation. Specifically, you agree that the products and services provided by Learning.com will only be accessed by the number of schools and authorized students set out in the order detail confirmation.

You also acknowledge that, if you are accessing third-party content from the third-party licensor of that third-party content (the “Third-Party Provider”), you are doing so pursuant to a license with such Third-Party Provider and that Learning.com is acting as agent for the Third-Party Provider in providing any such third-party content to you. You also acknowledge that Learning.com is not a party to the license between you and the Third-Party Provider with respect to that third-party content. The Third-Party Provider of any third-party content is solely responsible for that third-party content, the content therein, any representations and/or warranties to the extent that such representations and/or warranties have not been disclaimed, and any claims that you or any other party may have relating to that third-party content.

You hereby agree to abide by any terms and conditions set out in any license agreement entered into between you and Learning.com, or between you and any Third-Party Provider. In addition to any requirements or restrictions contained in any such license agreements, you further hereby agree to use any licensed content, whether licensed by Learning.com or a Third-Party Provider, and accessed by you via the Site, for appropriate and intended purposes. You specifically agree not to resell or otherwise improperly distribute such content. You also agree to not obscure or remove any proprietary-rights notices or disclaimers contained on any content that you access via the Site. All content, services and products obtained or accessed by you from the Site are provided and licensed (but not sold) to you under the terms of this Agreement, and any other applicable license agreements, and are protected by U.S. and other applicable copyright laws, and may not be further sold, licensed, leased, distributed, published, modified, or copied without the prior written permission of the applicable copyright owner.

As described above, certain content, products, and services available via the Site may include materials from Third-Party Providers. Learning.com may provide links to third-party websites as a convenience to you. You agree that Learning.com is not responsible for examining or evaluating the content or its accuracy and Learning.com does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of Third-Party Providers. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Learning.com is not in any way responsible for any such use by you.

RIGHTS IN CONTENT
The Site contains content generated by other users of the Site and, should you choose to share content on the Site, by you ("User Content"). Each author of User Content (whether the content is written, audio, visual, or otherwise fixed in its expression) is the owner of that User Content. If you are accessing others' User Content, your rights in the User Content are only those rights that are granted under this Agreement. While you may be allowed to share User Content with others, you may not represent yourself as the source of the User Content unless you are the owner of such User Content. You may not share the information or User Content in a manner that will impair or harm the goodwill associated with Learning.com’s business and brands or the business or reputations of the other users providing User Content. If you share information and User Content on the Site with others, you must retain any proprietary notices that are included on it, such as trademark and copyright notices. Except as allowed in this Agreement, you may not distribute, publish, transmit, modify, create derivative works from, or in any way commercially exploit any other's User Content for any purpose, without permission of the owner of the User Content.

USER CONTENT
By submitting User Content to us, you warrant that the User Content does not violate any applicable laws (including intellectual property or defamation laws). You can control how we share your User Content through the "sharing settings" administered on the Site.

  1. When you elect to share your User Content, you thereby provide us with a non-exclusive, worldwide, irrevocable, royalty-free license to copy, modify, distribute, publicly perform and publicly display the User Content.

  2. While we do not act as editors or publishers of User Content, we may need to access, monitor, amend, edit, disable access to or permanently delete User Content in order to maintain our systems, comply with applicable laws, rules, and regulations or to make additional services available to you. Therefore, we may take these actions at our sole discretion, and we are not required to notify you of such activities.

  3. You may stop sharing your User Content by changing the sharing settings of your User Content. This, however, does not mean that the User Content will no longer be available to other users who have already accessed and put into use your User Content. Instead, changing the sharing settings will prevent that User Content from being found by other users under the "find" or "browse" functions.

  4. We may require that you delete and cease using User Content that we determine was provided to you erroneously or in violation of another party's rights. You agree to abide by our instructions regarding the use and maintenance of User Content.

  5. You may also share your comments or feedback to us. We appreciate your feedback and suggestions about Learning.com and the Learning.com Platform, and you understand and agree that we may use your feedback, comments, and ideas without any obligation or promise to compensate you.

  6. You are allowed and encouraged to rate and comment on the content others share, which can help you and others identify the best resources to use with students and to help you improve your shared content. You understand and agree that others may use your feedback, comments, and ideas without any obligation or promise to compensate you.

If the User Content contains your name, picture, likeness, or other personally identifiable information, you hereby release us and our officers, directors, employees, and agents from any claim related to the use of your name, picture, likeness, biographical information, voice, or statements, including, for example, any claim based on defamation, right of publicity or invasion of privacy, and likewise release our customers, other users, affiliates and contractors, and their respective officers, directors, members, managers, employees, and agents from any claim related to the use of your name, picture, likeness, biographical information, voice, or statements.

OTHERS USE OF YOUR USER CONTENT
By submitting your User Content to the Site, you thereby grant other users of the Learning.Com Platform a non-exclusive, worldwide, irrevocable, royalty-free license to copy, modify, distribute, publicly perform and publicly display the User Content to the limited extent that such license is necessary to integrate a variety of content (including User Content) into their classroom instruction, including creating curriculums, assignments, grade books, reports, and other classroom tools.

PRIVACY
The privacy and security of your data, including student data, is very important to us. Our Privacy Policy and COPPA Notice provide important disclosures about what information we collect and how we use the information we collect in connection with your use of the Site and in the provision of the Learning.com Platform. You should carefully read the Privacy Policy and COPPA Notice to make an informed decision about your participation within the Site and the Learning.com Platform. You also understand and agree that:

  1. If you share content, other users will be able to search, view, and distribute your content.

  2. You are not able to share content anonymously. All shared content will include the first and last name of the author, the district the author uses to access the Learning.com Platform, and the state, province, and/or country of the district. However, we do not provide any additional contact information to other users, except to administrative accounts for users within your school and/or district.

  3. You will not post personally identifiable information, financial information, or other sensitive personal information (such as Social Security Numbers or credit card numbers) of yourself or any other person on the Site.

  4. If you collect information about other users, you will obtain their consent, make it clear that you (and not Learning.com) are responsible for collecting such information, and provide your own privacy policy indicating what information is collected and how it is used.

  5. You will follow all applicable privacy and data security laws for anything you post that includes any student data.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") COMPLIANCE
We will remove or block content upon receipt of a proper notice under the DMCA. It is also our policy to terminate the privileges of users who commit repeated violations of copyright laws. If you are a copyright owner or an authorized representative of a copyright owner, you may report alleged infringements of your works by sending a DMCA-compliance notice to us at copyright@learning.com, or to our agent registered with the U.S. Copyright Office. For the most recent information on what constitutes a DMCA-compliant request, see 17 USC §512(c)(3).

TERMINATION
If you breach this Agreement, then we may immediately terminate your right to use the Site, including access to the Learning.com Platform. We are not required to provide you notice of this termination, even if we have notified you of other events in the past. Upon termination you are no longer authorized to access or use the Site or the Learning.com Platform, but our proprietary rights, the disclaimers, and the limitations of liability set forth in this Agreement will survive any such termination.

LINKS
The Site may contain links and pointers to Internet sites maintained by third parties. We do not operate or control these web sites or any of the information, products, or services provided at such third party web sites. Third party links are included solely for your convenience, and do not constitute an endorsement by us or affiliation with us. You assume sole responsibility for use of third party links, and the disclaimer and limitation of liability provisions set forth in this Agreement are applicable for your use at such third party sites. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk.

DISCLAIMER
We strive to provide a secure and reliable website. However, we cannot control every aspect of the Internet which impacts the Site, and offer no guarantees regarding the Site or the Learning.Com Platform. We must therefore inform you that:

OUR WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR WEBSITE. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR SITE.

LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, OR TORT (STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US IN THE MOST RECENT TWELVE (12) MONTH PERIOD.

INDEMNITY
You agree to indemnify and hold us, our officers, directors, agents, and employees harmless from and against all claims, damages, and expenses, including attorney's fees, arising out of any information, message, content, or materials uploaded, posted, distributed or transmitted to or through the Site by you (including any User Content), or otherwise arising out of your use of our Site, and for your failure to comply with your obligations under the “Student Data” paragraph of this Agreement.

MODIFICATIONS
We may modify the content of our Site from time to time without notice to you, including modifying these terms and conditions in this Agreement. Your continued use of the Site after such modifications are posted indicates your acceptance of such modifications. If you do not wish to accept these terms and conditions or any modifications, your sole and exclusive remedy is to cease using the Site.

GOVERNING LAW
The rights and liabilities of the parties arising out of or relating to this Agreement will be governed by the laws of the State of Oregon, without regard to its conflicts of laws principles. Any litigation or other dispute resolution will be conducted exclusively in state or federal courts in Portland, Oregon. You consent to the exclusive personal jurisdiction and venue of such courts.

GENERAL PROVISIONS
This Agreement is the entire agreement between us and you with respect to the Site. No waiver of any violation or nonperformance of this Agreement in one instance shall be deemed to be a waiver of any subsequent violation or nonperformance. Any modifications or waivers to this Agreement must be in writing and signed by us and you. If any portion of this Agreement is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by applicable law.

CONTACT
If you have questions regarding the terms and conditions in this Agreement or content of our Site you may contact us at:

Learning.com

1618 SW 1st Ave., #215

Portland, OR 97201