learnstream Terms of Service

Thank you for using learnstream! These terms of service ("Terms of Service") are a legally binding contract between Knollop Inc (referred to in this document as "learnstream,” "we," "us," "our") and you with respect to your use of the learnstream services, website, mobile applications and browser plug-ins or extensions (collectively, the "learnstream Services"). It is important that you carefully read and understand the terms and conditions of these Terms of Service. By using the learnstream Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not use the learnstream Services. These Terms of Service contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

  • change these Terms of Service;
  • change the learnstream Services; or
  • deny or terminate your use of and/or access to the learnstream Services.

Any changes we make will be effective immediately upon our making such changes available on the learnstream Services or otherwise providing notice thereof. You agree that your continued use of the learnstream Services after such changes constitutes your acceptance of such changes. You acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at http://learnstream.com/privacy) and that you agree to it. Be sure to review these Terms of Service periodically to ensure familiarity with the most current version of these Terms of Service.

Permitted Use of learnstream Services

The learnstream Services are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale. Without the written consent of learnstream, no learnstream Services or any learnstream content, materials, information or other property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.

Permitted Use of learnstream Software

The learnstream browser plug-in, extension and/or other learnstream software made available to you in connection with the learnstream Services is the proprietary software of learnstream, and may not be reproduced, modified, adapted, translated, reverse engineered, decompiled or disassembled. You may download and use such learnstream software only during the term of these Terms of Use, only as permitted by these Terms of Use, only for your own personal use, and only to make use of the learnstream Services. We reserve the right to revoke such permission to use such learnstream software at any time for any reason.

Registration

Access to certain functionalities of the learnstream Services will require you to register with and provide certain information to learnstream. We reserve the right to decline to provide the learnstream Services to any person for any or no reason. If and when you register with or provide information to learnstream, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms of Service and your use of the learnstream Services. You understand that any information you provide will be treated by learnstream in the manner described in our Privacy Policy, which can be found at http://learnstream.com/privacy. You should not share your learnstream account information with other persons. learnstream will not have any liability to you as a result of such sharing.

Terms Regarding learnstream bookmarklet

The learnstream Services allow you to capture certain bookmarking information regarding third-party websites and related content in order to facilitate its subsequent retrieval by you or by third parties using the learnstream bookmarklet tool. You agree not to bookmark any web material with respect to third-party website or content the access or use of which would be in violation of any applicable law or regulation, or which would violate any third-party rights. You further agree that learnstream may use and disclose such bookmarklet use and all related information in accordance with our Privacy Policy (which can be accessed at http://learnstream.com/privacy).

We reserve the right to reject, refuse or later delete or remove any bookmarklet usage for any reason, and we do not guarantee that all bookmarks will be preserved. We further do not guarantee that bookmarks that may be shared with you will not be offensive, defamatory or objectionable, or will not relate to links, website or content that may be in violation of applicable laws or regulations.

Although we reserve the right to remove without notice any bookmarks for any reason, we have no obligation to delete bookmarks which may be shared with you that you personally may find objectionable or offensive. In addition to other disclaimers found in these Terms of Service, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any bookmarks accessible via the learnstream Services.

Submissions

As part of your use of the learnstream Services, you may send to learnstream messages, content, ideas or feedback. Your participation in this respect is voluntary; however, by choosing to provide us with any such content or information, you acknowledge and agree that any such communications, messages, content, ideas, feedback or other information may be used by learnstream and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such content and information throughout the world in any format or media (whether now known or hereafter created), and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any such content and information provided by you.

By providing any such content or information to learnstream, you represent and warrant to learnstream that you own or have the right to use and permit us to use and license such content and information in the manner stated in these Terms of Service.

Third-Party Links

The learnstream Services may contain links to third-party websites, applications or services for your convenience. We do not control the linked websites, applications or services or the content provided through such websites, applications or services, and we have not reviewed, in their entirety, such websites, applications or services. Your use of such third-party websites, applications or services is subject to the privacy practices and terms of use established by the third-party operating such websites, applications and services, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website, application or service or any material accessible thereby, and we disclaim any such approval or endorsement.

Acceptable Use Policy

You agree not to use the learnstream Services to take any action or actions that:

  • are contrary to learnstream's public image, goodwill or reputation;
  • infringe on our or any third-party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or which may cause learnstream to infringe on any such rights;
  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability, or which may cause learnstream to violate any such laws, statutes, ordinances or regulation, or which may expose learnstream to civil liability;
  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  • restrict or inhibit any other visitor from using the learnstream Services, including, without limitation, by means of "hacking" or defacing any portion of the learnstream Services;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the learnstream Services, including without limitation, any learnstream browser plug-ins or extensions or other learnstream software;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the learnstream Services;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Service to any third party, or otherwise commercially exploit or profit from the learnstream Services, or any portion thereof, in any manner whatsoever;
  • "frame" or "mirror" any part of the learnstream Services without our prior written authorization;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of learnstream or its licensors or suppliers;
  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the learnstream Services or any related databases or in any way reproduce or circumvent the navigational structure or presentation of the learnstream Services or its contents, authentication and security measures;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate with the learnstream Services' servers or with respect to any data not intended for you; or
  • harvest or collect information about any learnstream Services visitors or members without their express consent.

Improper use of the learnstream Services may result in termination of your access to and use of the learnstream Services, and/or civil or criminal liabilities.

Limitations on Use

learnstream reserves the right to apply limits on your use of the learnstream Services, including (a) limitations on rate of use, such as limits on the number of new bookmarks, new connections, new messages in a given time period, and (b) limitations on overall use, such as overall number of bookmarks, connections or messages per user. learnstream further reserves the right to publish such limitations, have them differ from user to user, or change such limitations at will, in each case in learnstream’s sole discretion.

Ownership

The learnstream Services are owned and operated by learnstream, and the learnstream Services and all intellectual property and other rights relating thereto are and will remain the property of learnstream and its licensors and suppliers. The learnstream Services and all related learnstream content are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms of Service, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the learnstream Services without our prior written permission. The learnstream Services may be used solely (a) to the extent permitted in these Terms of Service or (b) as expressly authorized in writing by learnstream. Use of the learnstream Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the learnstream Services.

The trademarks, logos, and service marks displayed on the learnstream Services (collectively, the "Trademarks") are the registered and unregistered trademarks of learnstream, learnstream licensors and suppliers and/or others. Nothing contained in these Terms of Service or otherwise on the learnstream Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of learnstream, learnstream licensors or suppliers, or the third party owner of any such Trademark.

No Use by Children Under 13

You hereby affirm that you are over the age of 12, as the learnstream Services are not intended for children under 13. If you are under 13 years of age, then you may not use the learnstream Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Claims of Copyright or Trademark Infringement

The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. learnstream also reviews claims of trademark infringement. If you believe in good faith that materials hosted or linked to by learnstream infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks or links thereto are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow learnstream to locate the material on the learnstream Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that learnstream will not respond to complaints that do not meet these requirements. If learnstream determines that the materials alleged to infringe your copyright or trademark rights do not require removal, learnstream will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which learnstream may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the learnstream Services must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agents to Receive Notices of Claimed Infringement. Send to:

DCMA Complaints,
Knollop Inc
284 Mott St, Apt 8M
New York NY 10012

Term & Termination

These Terms of Service are effective from the date that you first access the learnstream Services or submit any information to learnstream, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Service. learnstream may immediately terminate these Terms of Service, and/or your access to and use of the learnstream Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Upon termination of these Terms of Service by either party, your right to use the learnstream Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the learnstream Services, whether under these Terms of Service or otherwise. All disclaimers and all limitations of liability and all learnstream rights of ownership shall survive any such termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the learnstream Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the learnstream Services, or any part of portion thereof. Nothing in these Terms of Service shall be construed to obligate learnstream to maintain and support the learnstream Services, or any part or portion thereof, during the term of these Terms of Service.

Disclaimers

THE learnstream SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE learnstream SERVICES OR INFORMATION AVAILABLE VIA THE learnstream SERVICES IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE learnstream SERVICES, OR YOUR USE OF THE learnstream SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE learnstream SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE learnstream SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE learnstream SERVICES.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER learnstream NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE learnstream SERVICES AND/OR ANY LINKED WEBSITE OR SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE learnstream SERVICES OR ANY LINKED WEBSITE OR SERVICES IS TO STOP USING THE learnstream SERVICES OR LINKED WEBSITE OR SERVICES, AS APPLICABLE. NEITHER learnstream NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON OR VIA THE learnstream SERVICES BY THIRD PARTIES.

Indemnification

You agree to fully indemnify, defend, and hold learnstream, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms of Service, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to or via the learnstream Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the learnstream Services or other websites or services to which the learnstream Services are linked; and/or (d) your negligence or willful misconduct.

Jurisdictional Issues

learnstream makes no representation that the learnstream Services operate (or are legally permitted to operate) in all geographic areas, or that the learnstream Services are appropriate or available for use in all geographic areas. Accessing the learnstream Services from territories where the learnstream Services or any content or functionality of the learnstream Services is illegal is expressly prohibited. If you choose to access the learnstream Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the learnstream Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. You may contact us at:

Knollop Inc
284 Mott St, Apt 8M
New York NY 10012

Dispute Resolution/Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Mountain View, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Santa Clara County, California. Venue will lie exclusively in Santa Clara County, California. For the sake of clarity, nothing in this paragraph shall affect learnstream's ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret these Terms of Service or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Miscellaneous

If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. These Terms of Service may not be changed, waived or modified except by learnstream as provided herein or otherwise by written instrument signed by learnstream. Neither these Terms of Service nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with learnstream's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. learnstream may assign, transfer, or delegate these Terms of Service or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The learnstream Services are Operated By
Knollop Inc

Effective October 17th, 2014
LAST UPDATED: October 17th, 2014