TERMS OF USE

These Terms are an agreement between you and Learnyve LLC (Hereafter ‘LEARNYVE’, ‘We’, ‘Us’, ‘Our’ as appropriate).

These Terms and Conditions dictate and govern your access to and use of LEARNYVE Products and Services (“Products”). These Terms apply to all visitors, users, and others who access and use our Products.

1. Acceptance:

Your use of the Products in any manner constitutes your unconditional acceptance of agreement to be bound by these Terms and Conditions.

If you are using the Products for or on behalf of an institution or other legal entity or organization, you represent and warrant that you are authorized to enter into this Agreement and any other agreement on behalf of that institution or other legal entity or organization, and that all provisions of the Agreement will bind that institution or organization.

Additionally, since the Products are available only to individuals who are at least 18 years old, you represent and warrant that you are at least 18 years old and take full responsibility for the selection and use of the Products. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.

2. Your Content, Rights and Responsibilities:
  • You are responsible for Content that you post to the LEARNYVE platform, and any consequences thereof.
  • The Content you submit, post, or display may be viewed by other Users of the Products. You retain your rights to any Content you submit, post, or display on or through the Products.
  • By submitting, posting or displaying Content on or through LEARNYVE, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit.
  • You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
3. Acceptable use of the Products:
  • LEARNYVE gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Products, subject to these Terms of use entered into by your institution relating to the Products, solely for the intended use of the Products.
  • You must not copy, modify, distribute, sell, or lease any part of our Products, nor may you reverse engineer the Products
  • You must not copy, reproduce, modify, create derivative works from, distribute or publicly display the Products and any LEARNYVE Content, except to the extent permitted by law, or with the prior written consent of LEARNYVE;
  • You must not upload, publish or post false, inaccurate, misleading, defamatory or offensive content. Your Content will not infringe or violate any third-party intellectual property rights or any laws or regulations.
  • You must not distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or any other technologies that may harm LEARNYVE LMS, any of the Services.
  • You must not misuse the Products by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Products or any User of the Products' devices.
  • You must not use the Products in any manner that could damage, disable, overburden, or impair the Products and Services or any network or other infrastructure used by or connected to LEARNYVE.
  • You must not impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to LEARNYVE.
  • You agree and consent to LEARNYVE collecting, using and disclosing information in accordance with our Privacy Policy. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that LEARNYVE may process such information within the terms of the Privacy Policy.
  • We may not monitor or control the Content posted via LEARNYVE Products, and we do not take responsibility for such Content.
  • We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
4. LEARNYVE Content:

You agree that all LEARNYVE content and materials delivered via the Products or otherwise made available by LEARNYVE (collectively, “Our Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Use of Our Content for any purpose not expressly permitted in these Terms is prohibited. LEARNYVE reserves any rights not expressly granted in these Terms.

5. Changes to the Terms of Use:

We may amend these Terms from time to time by posting an amended version in the Services and on our website; the amended versions will become effective immediately upon posting.

6. Changes to Products and Services:

LEARNYVE Products and Services are always evolving and we are constantly innovating to provide the best possible digital experience to our users. We may, without prior notice, change our Products; permanently or temporarily terminate or suspend or limit your access to any Product without notice or liability for any reason. You acknowledge and agree that the form and nature of the Products and functionality may change from time to time without notice.

7. Warranty Disclaimer:

THE PRODUCTS and SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEARNYVE MAKES NO WARRANTY THAT

  1. THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
  2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
  3. THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

THE PRODUCTS MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT LEARNYVE IS NOT RESPONSIBLE OR LIABLE FOR:

  1. THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES; OR
  2. THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM LEARNYVE PRODUCT OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK AND YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE OF THE THIRD-PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES,

8. Limitation of Liability:

IN NO EVENT SHALL LEARNYVE, ITS DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES):

  1. FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE,
  2. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION),
  3. FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR INFORMATION POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES, OR
  4. FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$2000.00. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Termination by Us:

We may temporarily or permanently suspend or terminate your accounts or cease to provide you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe:

  1. you have violated these Terms,
  2. you create a risk for us; or
  3. our provision of the Products is no longer commercially viable.

10. Effect of Termination:

Upon termination we shall have no obligation to retain any of Your Content. You are solely responsible for exporting Your Content from the Services prior to termination of the Services you receive.

11. Export Controls:

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Products or any information provided on or through the Products except in full compliance with all United States, foreign and other applicable laws and regulations.

12. Your logo and Name:

You agree that LEARNYVE can use your entity or institution name and logo in the ¨Our Clients¨ section of the marketing materials.

13. Location:

LEARNYVE may subcontract any of the work to be performed hereunder, and will perform work remotely from various offices or any location suitable for the Company and its employees and/or sub-contractors.

14. Mobile App

To use our Products via LEARNYVE Mobile App you must have a mobile device and installed applications that are compatible with the Mobile App. LEARNYVE does not warrant that the Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile App and may incur additional charges from your wireless provider for these services. LEARNYVE is not responsible for these data usage charges. Also, your use of the App Store-Sourced Software must comply with the App Store Terms of Service.

15. Indemnity

You agree to defend, indemnify and hold harmless LEARNYVE and its employees and officers, and other affiliated companies, and their employees and officers, 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:

  1. your use of and access to a Product, including any data or content transmitted or received by you;
  2. your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above;
  3. your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
  4. your violation of any applicable law, rule or regulation;
  5. any Content that is submitted via your User Account including without limitation misleading, false, or inaccurate information;
  6. your willful misconduct; or
  7. any other party’s access and use of a Product with your unique username, password or other appropriate security code.

16. Entire agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between LEARNYVE and you regarding the Products, and these Terms supersede and replace any prior agreements between LEARNYVE and you regarding the Products.