Terms and Conditions
Thanks for using Lessonly. Please read these Terms carefully. By using Lessonly, or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
By using the Lessonly application (“Service”), you (“Customer”) agree to be bound by the following terms and conditions (the “Agreement”). Lessonly reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Lessonly constitutes your consent to such changes.
- You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your account and password. If you suspect unauthorized use of your account, you agree to immediately change your password and notify Lessonly at firstname.lastname@example.org.
- You shall pay all fees specified in all Order Forms executed between Lessonly and Customer. Except as otherwise provided, all fees are quoted and payable in United States dollars. Except as otherwise specified in an Order Form, fees are based on Service purchased and not actual usage; payment obligations are non-cancelable; fees paid are non-refundable; and the Service purchased cannot be decreased during the relevant Subscription Term.
- Fees for the Service will be invoiced in advance and in accordance with the relevant Order Form. You shall pay invoices as stated in the Order Form. You are responsible for maintaining complete and accurate billing and contact information with Lessonly for use of the Service.
- Unless otherwise stated, Lessonly’s fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Lessonly’s net income or property.
- You are hereby granted a non-exclusive, non-transferable, worldwide right to access and use the Lessonly services, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms and Conditions. All rights not expressly granted to you are reserved by Lessonly.
- You understand that the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Lessonly services are the property of Lessonly and are protected pursuant to applicable copyright, trademark and other proprietary rights laws.
- You agree to allow Lessonly to use your name and logo on the Lessonly website, blog, and marketing materials. Any other public use of your trademarks, trade name, logos, or public referrals to its relationship with Purchaser may not be made without Purchaser’s prior written consent.
- Lessonly shall own all rights, title and interest, including all intellectual property rights, in and to any improvements to the Service or any new programs, upgrades, modifications or enhancements developed by Lessonly in connection with rendering the Service to Customer, even when refinements and improvements result from Customer’s request. To the extent, if any, that ownership in such refinements and improvements does not automatically vest in Lessonly by virtue of this Agreement or otherwise, Customer hereby transfers and assigns (and, if applicable, shall cause its Affiliates to transfer and assign) to Lessonly all rights, title, and interest which Customer or its Affiliates may have in to such refinements and improvements.
- You shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your Lessonly document(s) and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:
- Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content;
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- Transmit material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
- Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Knowingly transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs;
- Interfere with or disrupt networks or websites associated with the Lessonly services or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Lessonly website, Lessonly services, other accounts, computer systems or networks associated with the Lessonly services, through password mining or any other means;
- Interfere with another person’s use and enjoyment of the Lessonly services or use and enjoyment of similar services.
- You may not use the Lessonly Service to collect sensitive information from other users, including but not limited to credit card information and social security numbers.
- If you engage in any activity set forth above or violate any other Terms and Conditions, your account will be terminated and use of the Lessonly services prohibited. Lessonly will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.
- Neither you nor Lessonly may issue press releases or any other public announcement of any kind relating to this Agreement without the other’s prior written consent. However, during your use of the Lessonly services, either you or Lessonly may include the name and logo of the other in lists (including on its website) of customers or vendors in accordance with the other’s standard logo and/or trademark usage guidelines. In addition, Lessonly may use your trademarks and trade names solely in connection with its authorized provision of the Lessonly Services. Except as stated within these Terms and Conditions, neither party may use the trademarks and trade names of the other without the prior written consent of the other party.
- As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as “Confidential” and/or “Proprietary”, or (c) that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, without limitation, the terms and conditions of this Agreement (including pricing and other terms reflected in all Order Forms hereunder), the Customer Data, the Service, business and marketing plans, technology and technical information, product designs, and business processes. Notwithstanding the foregoing, each party may disclose the existence and terms of this Agreement, in confidence, to a potential purchaser of or successor to any portion of such party’s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such party. Confidential Information (except for Customer Data) shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
- The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission. Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees and contractors who need to know such information for purposes of performing the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a reasonable degree of care.
- You understand that all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purposes. Lessonly is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between Lessonly and you. The Lessonly services would not be provided without such limitations. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in these Terms and Conditions. If you are dissatisfied with the Lessonly services or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Lessonly services immediately.
- You agree to indemnify, defend and hold Lessonly and its partners, attorneys, employees, agents and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions, use of the Lessonly services, creation or use of a lesson, course, possession or use of data derived from a lesson, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees or assigns.
- A party may terminate this Agreement for cause: (a) upon 30 days’ written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (b) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
- Upon any termination for cause by Lessonly, Customer shall remain obligated to pay all fees owed for the remainder of the Subscription Term, all of which fees shall become immediately due and payable in full.
- Following the termination or expiration of this Agreement, Customer shall have 30 days to access its account and download / export Customer Data.
- This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, lessons or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. The language used in this Agreement shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to rights granted herein or to any term of condition of this Agreement.
Effective Date: July 28, 2017
EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD FRAMEWORKS
Lessonly has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States, and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
HUMAN RESOURCES DATA WITHIN THE CONTEXT OF THE EMPLOYMENT RELATIONSHIP
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Lessonly commits to resolve complaints about your human resources data privacy and our collection, use, or disclosure of your personal information. European and Swiss individuals with inquiries regarding the handling of their human resources data or complaints concerning our HR privacy practices should first contact Lessonly at:
Lessonly commits to cooperate with the EU data protection authorities (DPAs) and Swiss Federal Data Protection and Information Commissioner, and comply with the advice given by the panel and/or Commissioner with regard to human resources data transferred from the EU and/or Switzerland in the context of the employment relationship.
Lessonly is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Lessonly has implemented processes intended to protect user information and maintain security of data that we process. Each account holder is assigned a unique user name and password, which is required to access their account. It is your responsibility to protect the security of this login information. When you enter sensitive information (such as your login information) on our site, we encrypt the transmission of that information using secure socket layer technology (SSL). We have attempted to protect Lessonly’s servers by locating them in areas with security procedures, use of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but no guarantee can be made that you information and data will be secure from intrusions and unauthorized release to third parties.
As part of the Lessonly Service, we store the lessons you build and any data that was collected from those lessons. We respect the privacy of all users, and consider all data that is collected to be private. Lessonly may access this data only for the purpose of providing the Lessonly Service, preventing or addressing service or technical problems, at a Customer’s request in connection with customer support matters, or as may be required by law. Lessonly will not distribute or sell your information to a third party, except as disclosed in this policy. When you utilize the Lessonly Service from outside of the United States, data is submitted and transferred into the United States and you hereby consent to such transfer.
Lessonly collects information under the direction of our clients (“Clients”), and has no direct relationship with the individuals whose personal information it processes. We collect information for our Clients, if you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our Service, please contact the Client that you interact with directly.
We collect email addresses from those who contact us via email, and ask for information such as email address and name when you sign up for an account with Lessonly. The information we collect is not distributed or sold to a third party. It will only be used to communicate with you about your Lessonly account, and where needed as part of certain Lessonly features. You may update, change or delete your account information at any time by accessing your information on your account or contact us at email@example.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access personal information within 30 days.
We will retain information we process on behalf of our Clients for as long as your account is active or as needed to provide services to our Client. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at firstname.lastname@example.org.
WEB SERVER LOGS
For statistical purposes, Lessonly will gather certain information automatically and store it in log files. These log files contain standard information collected by web servers, such as Client IP addresses, browser type, internet service provider (ISP), operating system, etc. This information is only used internally, and is not distributed or sold to a third party. Lessonly uses this information, which does not identify individual users, to analyze trends, to administer the Lessonly website and to gather demographic information about its user base as a whole. Lessonly does not link this automatically collected data to personal information.
We may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We also may provide your personal information to companies that provide services to help us with our business activities such as, but not limited to, our hosting or analytics provider. These companies are authorized to use your personal information only as necessary to provide these services to us.
Lessonly is potentially liable under the EU-U.S. and Swiss-U.S. Privacy Shield Principles in cases of onward transfer of data about EU and Swiss individuals to a third party acting on behalf of Lessonly as its agent if the third party engages in a manner inconsistent with the Privacy Shield Principles and Lessonly is responsible for the event giving rise to damages.
Lessonly shall ensure that any third party to which we disclose personal information provides the same level of privacy protection as is required by the Privacy Shield Principles and agrees in writing to provide an adequate level of privacy protection. Prior to disclosing personal information to a third party that is not acting as Lessonly’s agent, we will notify you of such disclosure and provide you with the choice to opt-out of the disclosure.
We provide you the opportunity to “opt-out” of having your personal information used or disclosed for certain purposes. Specifically, we offer you the opportunity to opt-out of: (1) the disclosure of your personal information to a third party that is not acting as an agent of Lessonly, and (2) the use of your personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. To limit the use and disclosure of your personal information, please email us at email@example.com.
When we collect sensitive personal information (such as personal information about your medical or health conditions, racial or ethnic origin, political, religious, or philosophical opinions and beliefs, trade union membership, or sex life) from you, we will first obtain your affirmative, express (“opt-in”) consent prior to disclosing the sensitive personal information to a third party or using it for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.
ACCESS TO PERSONAL INFORMATION
You have the right to access the personal data we hold. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. Your right to access your personal information may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.
To request access to your personal information or to request us to correct, amend, or delete your personal information, please e-mail us at support@Lessonly.com or contact us by telephone or postal mail at the contact information listed above. We will respond to your request within 30 days.
Technologies such as cookies, beacons, tags, and scripts are used by Lessonly and our marketing partners, affiliates, or analytics or customer service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
BEHAVIORAL TARGETING / RE-TARGETING
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by contacting us at firstname.lastname@example.org. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
Certain web browsers and other devices you may use to access the website may permit you to indicate your preference that you do not wish to be “tracked” online. At this time, this website and the Lessonly Service do not respond to “Do Not Track” signals.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
SOCIAL MEDIA WIDGETS
We give you the opportunity to use integration services by logging into your existing tools. This service will authenticate your identity and provide you the option to share certain personal information to use with the Lessonly Service.
COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
As a business service, Lessonly does not target its offering toward, and does not knowingly collect any personal information from, users under thirteen (13) years of age.
YOUR CALIFORNIA PRIVACY RIGHTS
California law provides that California residents have a right to request businesses to tell them how their personal information has been shared with third parties, if at all, for the third parties’ direct marketing purposes. To make such a request, please contact us at the contact information provided above.