Terms and Conditions
Last updated: December 14, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named ArtHub of Santa Fe
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: New Mexico, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ArtHub of Santa Fe, 68 Star Dancer Trl Santa Fe, NM 87506.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to ArtHub of Santa Fe, accessible from www.arthubofsantafe.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@ arthubofsantafe.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at info@ arthubofsantafe.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: www.arthubofsantafe.com
By phone number: 505-303-0740
Last updated: December 23, 2020
This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.
We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Cookies Policy:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Cookies Policy) refers to ArtHub of Santa Fe, 68 Star Dancer Trl Santa Fe, NM 87506.
- Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
- Website refers to ArtHub of Santa Fe, accessible from https://arthubofsantafe.com/
- You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.
The use of the Cookies
Type of Cookies We Use
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third party websites.
Your Choices Regarding Cookies
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser's official web pages.
More Information about Cookies
You can learn more about cookies here: All About Cookies by TermsFeed.
If you have any questions about this Cookies Policy, You can contact us:
EFFECTIVE DATE: [7/1/2020]
IF YOU ARE USING THIS SERVICE ON BEHALF OF A BUSINESS OR ENTITY, BY USING THIS SERVICE YOU EXPRESSLY REPRESENT AND AGREE THAT YOU HAVE THE AUTHORITY TO BIND THE BUSINESS AND ITS PERSONNEL AND TO ENTER INTO THESE TERMS ON BEHALF OF THE BUSINESS AND ITS PERSONNEL.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
AGE POLICY; PERMITTED USERS
The Service is intended to be used by minors only with the consent and under the control of their parents or legal representatives. We do not knowingly collect any personal information or personally identifiable information from children under age 13. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete that person’s account and any personal information in that user’s account. If we ever choose to collect any personal information from children under age 13, we will obtain parental consent before asking for personal information in compliance with the Children's Online Privacy Protection Act (“COPPA”), unless the request for information falls within an exception that would be permitted under COPPA.
If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use the Service.
Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
The Service is only intended to be used in the United States.
ACCOUNTS & YOUR INFORMATION
INFORMATION WE MAKE AVAILABLE TO YOU
As part of the Service, we may provide you with various information in furtherance of the Service, including, for example, suggestions of content posted by other users. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you, your property, or LearnChurn.
As a core aspect of the functionality of the Service, users can post content on the Service, which may include, for example, information about the user as well as photos, videos, comments, links, and other content (collectively, the “User Content”). The Service may allow User Content to be posted directly by the user or by giving us access to information and content collected by third parties. You are solely responsible for all User Content posted by you or through your account. By posting User Content, you represent and warrant that you own, or have the full legal authority to distribute and disclose such User Content consistent with these Terms.
While we do not claim ownership over any User Content, by posting User Content, you grant us and other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on the Service solely for the purposes of operating, developing, providing, and using the Service. Nothing in these Terms restricts other legal rights we may have to User Content. We reserve the right to remove or modify User Content for any reason.
Following termination or deactivation of your account, or if you remove any User Content from the Service, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. LearnChurn and other users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the Service. We should not be relied upon as a means to store User Content, or any other data or information, and we assume no responsibility for such activities.
You agree that any feedback or ideas you provide to us regarding the Service or any suggested improvements to the Service (the “Feedback”) will be the exclusive property of LearnChurn. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback.
Please be aware that all User Content accessed on the Service are offered “as-is.” We do not endorse and may not verify any of our users or any User Content. You agree that any User Content may be inaccurate, unsubstantiated or possibly even incorrect. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions, and to the fullest extent permitted by applicable law, you hereby waive the right to bring any such claim against us.
CONTESTS, PROMOTIONS, & GIVEAWAYS
To the extent that you use the Service to offer any prize, reward, contest, promotion, sweepstakes, or similar item (a “Giveaway”), then you acknowledge and agree that: (a) you are fully responsible for compliance with any and all federal, state and local laws related to such Giveaway; (b) we are not in any way responsible for the offering or fulfillment of any such Giveaway or compliance with applicable laws; (c) you shall include a complete release of us by each entrant or participant in the Giveaway; (d) you shall include an acknowledgement that the Giveaway is in no way sponsored, endorsed, administered by or associated with us; and (e) we will not assist you in the administration of the Giveaway, and you agree that if you use the Service to administer your promotion, you do so at your own risk.
To the extent that you participate in a Giveaway as an entrant or participant, you acknowledge and agree that we are not responsible for compliance with any laws or regulations applicable to any Giveaway offered by a user through the Service, and you must contact the user offering the Giveaway to raise any dispute or seek any recourse in connection with the Giveaway.
PROHIBITED, ILLEGAL, AND INAPPROPRIATE CONTENT
You agree to refrain from submitting, either directly or indirectly, certain types of sensitive information, including information collected from children under the age of 13, passwords, credit card or financial information, driver license numbers, biometric data, or real time geolocation data.
You also agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading, deceptive, or not true; or advertise or otherwise solicits funds for goods or services. You also specifically agree not to disclose any information to us in violation of applicable law. If you post prohibited, illegal, or inappropriate content, we may remove such content from our servers, and we may suspend or terminate your account, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
You also agree that all information that you provide on the Service is accurate and up to date to the extent of your knowledge.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate the account of any user who we believe has infringed the intellectual property rights of other users, third parties, or us, or otherwise is believed to have violated any intellectual property laws.
In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Platform, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Learn Churn Inc.
9776 Camas LN 80125
YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY
Although you may provide information to LearnChurn and post User Content as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information or User Content that is generated from your account.
If you are a business or other legal entity, you agree that LearnChurn may use your trademarks, logos, domain names, links to your website, trade names, service marks, or other brand information in order to promote the Service, including in our marketing materials, presentations, customer lists, financial reports, on our website, or for other advertising or marketing purposes.
THIRD PARTY SITES AND SERVICES
Our Service is integrated with services provided by third parties as part of the functionality of the Service. In addition, our Service may be accessible on third party websites as widgets or in other forms. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.
PROPER USE OF THE SERVICES
You shall not violate or attempt to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
OUR INTELLECTUAL PROPERTY
The software, including all files and images contained in the Service (excluding User Content), and accompanying data, as well as all data collected by us through the Service (collectively “Our IP”) are the property of LearnChurn or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
LearnChurn reserves the right to charge fees in exchange for providing the Service. Changes to the fees or payment policies will be posted or otherwise made available to you through the Service or otherwise. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of these Terms and any collection expenses (including attorneys' fees) incurred by LearnChurn will be included in the amount owed.
DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE OR WITH ANY USER CONTENT; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that any third party, including without limitation another user, brings a claim against us related to your actions (including, but not limited to: (i) your violation of these Terms; (ii) your violation of any law; or (iii) your violation of the rights of any third party), content (including User Content), information, or any other use of the Service by you or originating from your account, you agree to indemnify, defend, and hold us, including our directors, officers, and agents, harmless from and against any and all third party claims, including privacy violations such as data losses or data breaches, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor LearnChurn, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND LearnChurn EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by the laws of the State of Colorado, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Denver County, CO. Both you and we consent to venue and personal jurisdiction there.
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CHANGES TO THESE TERMS
LearnChurn reserves the right to change these Terms from time to time, with or without notice to you. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. LearnChurn will always have the latest Terms posted on the Service.
HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
EFFECTIVE DATE: 7/1/2020
1. PURPOSE OF POLICY
2. AGE POLICY
3. INFORMATION WE COLLECT AND HOW WE USE IT
Required Information You Voluntarily Provide Us.
When you sign up for an account as a user of the Service, you will be required to provide us with various information that is, or may be, considered personally identifiable information.
To create an account, you will be required to provide us with your name and email address.
We will also ask for your age for compliance with our age policy described above. Business users may also be required to provide a physical address and phone number.
Optional Information You Voluntarily Provide Us.
In addition to the required information that you provide to create an account, there are various pieces of information you can, or may in the future be able to, choose to provide through the Service.
Specifically, in order to provide the core functionality of the Service, we may ask you to provide your geo-location for the purpose of using geo-checkin functionality, geo-triggers,
and geo-tracing while you use the Service. You may also choose to upload and share your photos and videos as part of your core use of the Service. Finally, you may choose to allow us to track how you use and interact with the Service over time.
We will have access to such information, but we do not share such information with third parties except as necessary to provide you with the core aspects of the Service.
We also may collect and store communications that occur through the Service or outside of the Service between you and us.
Further, now or in the future, we may allow you to provide us with access to additional information and data through integrations with third party services.
The various categories of information in this subsection is, or may be, considered personally identifiable information, and is used for the purpose of providing you with the Service’s functionality. While all of the information described here may not be required to use the Service, some aspects of the Service may not be available if you choose not to provide us with such information.
Information Collected Automatically As You Use The Service.
In addition to the information that you provide to us voluntarily, we may automatically collect information through the Service about how you use and interact with the Service and other similar activities in order to better understand our users and how they use the Service, and to improve the Service.
the acquiring company. However, we will notify you before we do so.
Other Third Parties.
In addition, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of ShaoLearn, or (3) prevent an emergency involving danger of death or serious physical injury to any person.
5. STORING YOUR INFORMATION
Storage and Retention Of Your Information.
We will retain your personal information until you request for your account to be terminated, or for as long as ShaoLearn exists, whichever is shorter, except when we believe we are required to retain your personal information by law. However, we may not know if you have stopped using the Service so we encourage you to contact us if you are no longer using the Service. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements. We may also retain other information that is not personally identifiable for backups, archiving, prevention of fraud and abuse, analytics, or for other purposes.
We use reasonable efforts and appropriate safeguards to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we restrict access to your personal information to individuals within and outside of ShaoLearn who need access to such information to provide the Service. In addition, we rely on the technical safeguards, provided by the third party vendors we use to host, store, and process your information, including SSL encryption, malware protection, clean up and monitoring services, firewalls, and others. However, you acknowledge and agree that loss, misuse, and alteration may occur despite our efforts to protect your information.
6. YOUR CHOICES
You can update your current personal information through your account profile. Further, if you wish to access, change or delete personal information we hold about you, you may
8. THIRD PARTY SERVICES AND PRACTICES ARE BEYOND OUR
Our Service may utilize numerous third party services as part of the functionality of the Service, such as hosting services, analytics providers, communications services, and other vendors; and we only share your information with third parties to the extent explained in this Policy. We have no control over such third parties. Thus, we make no guarantees about, and assume no responsibility for the information, services, or data/privacy practices of third parties, which may differ significantly from our practices described in this Policy. We encourage you to review the privacy practices of such third parties.
9. CHANGES TO THIS POLICY
10. PLEASE REACH OUT TO US WITH ANY QUESTIONS OR FEEDBACK