Terms of Use

Addictive Learning Terms of Use


Last Revision: August 21st, 2007.


Introduction


As a user of this website, you agree to the terms and conditions in this document, known as the "Terms of Use", and the Addictive Learning Privacy Policy.  This Terms of Use may be modified at any time by Addictive Learning. It is your responsibilty to review the most up-to-date version at the Addictive Learning website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


Addictive Learning Website


All users, to include users who submit content and/or media to the website, are subject to these Terms of Use.  The Addictive Learning Website is defined as all aspects of www.AddictiveLearning.com, to include but not limited to the "Addictive Learning Player."  The Addictive Learning website may include links to websites not owned or controlled by Addictive Learning.  Addictive Learning assumes no responsibilty for any content on these sites.  Content on these third-party sites includes but is not limited to privacy policies and website practices.  As a user of the Website, your expressly  release  Addictive Learning from any and all liability arising from using any third-party website.


Membership and Account Registration


You will be given an account and password upon registering for an Addictive Learning account.  It is your sole responsibilty to keep your account information, to include your password, secure.  If there is any unauthorized access to your account, you agree to immediately notify Addictive Learning.  Addictive Learning is not liable for any loss or damage resulting from unauthorized access or use of your account.


Using the Addictive Learning Website


Addictive Learning hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Addictive Learning's prior written authorization.   You agree not to alter or modify any part of the Website, including but not limited to the Addictive Learning Player (the "Player") or any of its related technologies.

  2. You agree not to access User Submissions (defined below) or Addictive Learning Content through any technology itself, the Addictive Learning Player, or other explicitly authorized means Addictive Learning may designate.

  3. You agree not to use the Website, including the Addictive Learning Player for any commercial use, without the prior written authorization of Addictive Learning. Prohibited commercial uses include any of the following actions taken without Addictive Learning's express approval:



    • sale of access to the Website or its related services (such as the Player) on another website;

    • use of the Website or its related services (such as the Player), for the primary purpose of gaining advertising or subscription revenue;

    • the sale of advertising, on the Addictive Learning website or any third-party website, targeted to the content of specific User Submissions or Addictive Learning content;

    • and any use of the Website or its related services (such as the Player) that Addictive Learning finds, in its sole discretion, to use Addictive Learning's resources or User Submissions with the effect of competing with or displacing the market for Addictive Learning, Addictive Learning content, or its User Submissions. 




Prohibited commercial uses do not include:



  • using the Addictive Learning Player to show Addictive Learning content on an ad-enabled blog or website, provided the primary purpose of using the Addictive Learning Player is not to gain advertising revenue or compete with Addictive Learning; 

  • any use that Addictive Learning expressly authorizes in writing.


You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Addictive Learning servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Addictive Learning grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Addictive Learning reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account information, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Addictive Learning reserves the right to discontinue any aspect of the Addictive Learning Website at any time.


Content on the Site


In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Addictive Learning Website. The content on the Addictive Learning Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Addictive Learning, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Addictive Learning reserves all rights not expressly granted in and to the Website and the Content.


You may access User Submissions solely:

  • for your information and personal use;

  • as intended through the normal functionality of the Addictive Learning Service


User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Addictive Learning Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Addictive Learning Service or otherwise as prohibited under this Agreement.


You may access Addictive Learning Content, User Submissions and other content only as permitted under this Agreement. Addictive Learning reserves all rights not expressly granted in and to the Addictive Learning Content and the Addictive Learning Service.


You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.


You agree not to circumvent, disable or otherwise interfere with security-related features of the Addictive Learning Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Addictive Learning Website or the Content therein.


You understand that when using the Addictive Learning Website, you will be exposed to User Submissions from a variety of sources, and that Addictive Learning is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Addictive Learning with respect thereto, and agree to indemnify and hold Addictive Learning, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.


User Submissions and Conduct


As a Addictive Learning account holder you may submit content ("User Content") and textual content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Addictive Learning does not guarantee any confidentiality with respect to any User Submissions.


You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Addictive Learning to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.


For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Addictive Learning, you hereby grant Addictive Learning a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Addictive Learning Website and Addictive Learning's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Addictive Learning Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Addictive Learning Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Addictive Learning Service. You understand and agree, however, that Addictive Learning may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.


In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Addictive Learning all of the license rights granted herein.


You agree that your conduct on the site will comport with the Addictive Learning Community Guidelines which may be updated from time to time. Addictive Learning does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Addictive Learning expressly disclaims any and all liability in connection with User Submissions. Addictive Learning does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Addictive Learning will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Addictive Learning reserves the right to remove Content and User Submissions without prior notice.


Account Termination


Addictive Learning will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. Addictive Learning reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Addictive Learning may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


Warranty Disclaimer


YOU AGREE THAT YOUR USE OF THE Addictive Learning WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Addictive Learning, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Addictive Learning MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Addictive Learning WEBSITE. Addictive Learning DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Addictive Learning WEBSITE OR ANY Addictive Learning WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Addictive Learning WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitation of Liability


IN NO EVENT SHALL Addictive Learning, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Addictive Learning WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Addictive Learning SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


The Website is controlled and offered by Addictive Learning from its facilities in the United States of America. Addictive Learning makes no representations that the Addictive Learning Website is appropriate or available for use in other locations. Those who access or use the Addictive Learning Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


Indemnity


You agree to defend, indemnify and hold harmless Addictive Learning, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Addictive Learning Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Addictive Learning Website.


Ability to Accept Terms of Service


You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, you affirm that you are 14 years of age or older. If you are under 14 years of age, then please do not use the Addictive Learning Website. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Addictive Learning without restriction.


General


You agree that: These Terms of Service, together with the Privacy Notice and any other legal notices published by Addictive Learning on the Website, shall constitute the entire agreement between you and Addictive Learning concerning the Addictive Learning Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Addictive Learning's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Addictive Learning reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Addictive Learning Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.YOU AND Addictive Learning AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Addictive Learning WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 
 
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