Terms of Use

Acceptance

By using, visiting or accessing the Lessonly.com Website (collectively the “Websites”), or interacting with the Ollie bot (the “Bot”) on any platform, you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Lessonly Canada, Inc. (“Lessonly Canada”) Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, you are not authorized to access or use the Websites or the Bot.

These Terms of Use apply to all users of the Websites and the Bot, including, without limitation, users who are contributors of video content, photographic content, any written information, and other materials or services on the Websites or Bot.

The Websites and the Bot are wholly owned by Lessonly Canada (the “Company”), a company with its offices located in Ontario, Canada.

Website and Bot Access

The Company hereby grants you permission to use the Websites and Bot in accordance with these Terms of Use, provided that:

  1. Your use of the Websites and Bot is solely for your personal use
  2. You will not copy or distribute any part of the Websites or Bot in any medium or manner inconsistent with these Terms of Use without Company’s prior written consent
  3. You will not alter or modify any part of the Websites or Bot other than as may be reasonably necessary to use the Websites or Bot for their intended purpose; and
  4. You will otherwise comply with these Terms of Use.

In order to access some features of the Websites of the Bot, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

The Company reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by the Company should the total amount of data transfer exceed an amount deemed excessive in the Company’s sole discretion. The Company reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by the Company should the total amount of data transfer exceed an amount deemed excessive in the Company’s sole discretion.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Websites or the Bot in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or use of a platform that hosts the Bot. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including but not limited to, account names, from the Websites or the Bot.

You agree not to interrupt the services provided by Lessonly Canada, introduce any malicious code or content onto Lessonly Canada solutions, including the Websites and the Bot, or aid anyone in misusing or attempting to misuse Lessonly Canada solutions, including the Websites and the Bot, in any way.

Payment

To the extent you use any Website’s plan or Bot plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Lessonly Canada in accordance with the terms set forth on the Websites (currently, www.lessonly.com/pricing and related pages) and this Terms of Use, and you authorize Lessonly Canada or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.

If you dispute any charges you must let Lessonly Canada know within sixty (60) days after the date that Lessonly Canada invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Website’s plan or Bot plan, we will provide notice of the change on the Website and in email and/or message through the Bot to you at least 30 days before the change is to take effect. Your continued use of the Website or the Bot after the price change goes into effect constitutes your agreement to pay the changed amount. Lessonly Canada may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Website or Bot plans other than Canadian taxes based on Lessonly Canada’s net income.

Mobile Services

The Websites and the Bot can be accessed through mobile services. Do not use such services in a way that distracts or prevents you from obeying traffic or safety laws. Lessonly Canada will not be responsible for any damages arising from unlawful use of Lessonly Canada services.

Intellectual Property Rights

The content on the Websites and the Bot, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Websites and the Bot is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without owner’s prior written consent and/or payment of the applicable license fee to the owners. The Company reserves all rights not expressly granted in and to the Websites, the Bot, and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites or the Bot. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or the Bot or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites, the Bot, or the Content therein.

User Submissions

The Websites may permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. The Company may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared, Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category, the Company does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that the Company may place advertising on the Websites or through the Bot in conjunction with User Submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, the Bot, and these Terms of Use; and
  2. You have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, the Bot, and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However,

You further grant the Company the non-exclusive, irrevocable and unconditional right to describe, relate, publish or exploit or both the User Submissions in any manner, whether in whole or in part, in any other media, print or electronic, and in related products and services in connection with any exploitation thereof, including but not limited to clothing, bumper stickers, mugs, toys, posters, books and other printed material and any related promotion and advertising of such items from time to time.

You also hereby grant each user of the Website or Bot a non-exclusive license to access your User Submissions, if submitted for public use, through the Website or Bot, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

  1. Submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
  2. Publish falsehoods or misrepresentations that could damage the Company or any third party;
  3. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. Submit material that includes images of minors unless you are the mother, father, or duly appointed guardian of such minors or have permission from the minor’s lawful parents or guardians to post images of the minors;
  5. Post advertisements or solicitations of business; and
  6. Impersonate another person.

The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes the Copyright Act, or another’s intellectual property rights.

The Company also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Websites or the Bot, if such User is in violation of these Terms of Use. The Company reserves the right to discontinue any aspect of the Websites or the Bot at any time.

You hereby grant the Company the power to send cease-and-desist letters to infringing parties, in connection with any unauthorized use of your User Submissions. Because you retain all of your ownership rights in your User Submissions, the Company shall cease acting against any persons to whom you may grant an explicit permission or license to use your User Submissions upon You notifying the Company of such permission or license. You shall be entitled to 0% (Zero Percent) of the funds that the Company may receive from such infringing third parties for unauthorized use of your User Submissions less the costs that the Company will have incurred in connection with collecting such funds and transferring them to You, provided that You have provided the Company with sufficient personal information for the Company to transfer such funds to You. This power shall continue to be effective for as long as the Company is using any of your User Submissions pursuant to these Terms of Use.

You understand that when using the Websites or the Bot, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against the Company with respect thereto.

To the extent permissible under applicable law, you hereby waive any and all moral rights that you may have in connection with your User Submissions, in Canada and elsewhere. You hereby authorize the Company to determine at the Company’s sole discretion whether or not to use your name in association with the use of your User Submissions. You hereby represent that you would not object to anonymous use of your User Submissions or to an indication of your name or pseudonym in connection therewith. You hereby represent and warrant that you shall not consider any modification or other use of your User Submissions pursuant to these Terms of Use to be causing damage to your dignity or reputation.

Third Party Websites

The Websites or the Bot may contain links to third party websites that are not owned or controlled by the Company and the Company assumes no responsibility for these third party websites. By using the Websites or the Bot, you expressly discharge the Company from any and all liability arising from your use of any third-party website.

Content Templates

The Websites or the Bot may contain content templates that are provided by the Company for illustrative example purposes only. The Company assumes no responsibility for use of these templates as legally binding documents if you so choose. By using the Websites or the Bot, you expressly discharge the Company from any and all liability arising from your use of the content templates in any way other than an illustrative example that is not intended for legal purposes.

Warranty and Indemnity

You agree that your use of the Websites or the Bot is at your sole risk. The Company makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Websites or the Bot by any third party, or concerning damage of any kind incurred resulting from use of the Websites or the Bot. The Company does not endorse and is not responsible for any product or service advertised or offered by a third party through the Websites, the Bot, or any hyper-linked website.

Information and actions taken by You remain your sole responsibility. In no event shall the Company, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Websites, the Bot, or Content.

You agree to defend, indemnify and hold harmless the Company its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. Your use of and access to the Website or the Bot;
  2. Your violation of any aspect of these Terms of Use
  3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. Any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the Website or the Bot.

Limitation of Liability

In no event whatsoever will the Company be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this Agreement or in connection with the use or Content of the Websites or the Bot, whether based on breach of contract, tort, negligence, product liability, Copyright infringement or otherwise, and whether or not the Company has been advised of the possibility of such damages. You agree that these limitations are reasonable in scope and reasonably necessary in order for the Company to protect its considerable investment. In no event whatsoever shall the Company be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue, lost business, or any other lost opportunities, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; even if the Company has been advised of the possibility of such liability or damages.

General

You confirm that you are of the age of majority in your state of residence, or possess legal parental or guardian consent, and are fully competent to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them. By accessing the Websites or the Bot, you are deemed to have agreed to all the terms of this Agreement and shall have the same effect as if you had signed this Agreement in writing.

You agree that the Websites, the Bot, and these Terms of Use shall be governed by the laws of British Columbia, Canada whose courts shall have exclusive jurisdiction.

You further agree to furnish, make, execute and deliver all such further information, assurances and other documents and instruments and do or perform all such further and other acts and things as may be reasonably necessary or requisite to implement and to carry out the provisions of this Agreement in accordance with its full intent and meaning.

The Company specifically reserves the right to modify this Agreement at any time without your consent. It is your sole responsibility to be aware of the Terms Of Use and modifications that are made to them.

Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision of this Agreement.

This Agreement shall endure to the benefit of and be binding upon the parties, their respective heirs, executors, administrators, successors and assigns.

Contacting us

If you have any questions about this Terms Of Use, the practices of the Websites or the Bot, or your dealings with the Websites or the Bot, please contact us at:

Legal Department
c/o Lessonly Canada
1129 East 16th Street
Indianapolis, IN 46202

This document was last updated on July 26, 2021