- Use of the Site
- This Site is only for use by the synogogues with whom we have current, fully paid licensing agreements (our “Partners”), their enrolled students and their parents or legal guardians. You are receiving a limited, personal, non-transferable non-exclusive license to access and use the Site. You may not use the Site in any way that is unlawful, or harms us, or any other person or entity, as determined in our sole discretion.
- You understand and agree that the Services may include communications from ShalomLearning, including, but not limited to, service announcements, administrative messages, and announcements related to class activities and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
- You agree that in accordance with the Intellectual Property policy below, the materials, information, functions, and other content (including submissions as defined below) contained on the Site are, and remain, ShalomLearning’s copyrighted property except as otherwise noted. All trademarks, service marks, trade names, and trade dress are, and remain, proprietary to ShalomLearning.
- By using the Site, you understand and agree that ShalomLearning may at any time monitor, record, review, use or disclose any content or text communication posted or transmitted by, to or from you on the Site.
- Registration Obligations
To have the right and ability to use the Services, you will need provide, and as needed, update your current and accurate information, pay the registration fee, and obtain an account and password. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify ShalomLearning of any unauthorized use of your password or user identification and any other breach of security, and (b) be responsible for exitig from your account at the end of each session. Please note that if registration information is inaccurate or incomplete, your registration can be canceled without refund.
- Intellectual Property Rights
The software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Site are provided by ShalomLearning or third-party providers and are the copyrighted works of ShalomLearning and/or such third parties. Except as expressly authorized by ShalomLearning, you may not use, copy, reproduce, publish, distribute, modify, or create derivative works of any part of the Content or the Services, in whole or in part.
The Site may contain content owned by third-parties and or links to other websites (“Linked Sites”). Linked Sites are not under the control of ShalomLearning, and ShalomLearning is not responsible or liable for the content or privacy practices of the Linked Sites.
- Permitted Use
You may only access the Site and use the Services for educational purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You will notify ShalomLearning of any content or actions by anyone you believe may be in violation of the requirements of our Agreement by sending an email to email@example.com
- Impermissible Uses
You agree that the content you post, including your Student Content, will not contain material, contents or information that:
- violates or infringes any patent, copyright, trademark, trade secret, or any other intellectual property rights of any person or entity or the privacy or publicity rights of another person
- is obscene, libelous, defamatory, threatening, harassing, bullying, abusive, malicious, hateful, sexually explicit, pornographic or embarrassing or alarming to any other person or entity;
- advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or illegal activities, or involves fraud, stalking or otherwise violating the legal rights of others;
- is harmful to or attempts to harm a child or children or attempts to exploit a child or children in any way or seeks to obtain personally identifiable information about any child;
- attempts to mislead others about your identity or the origin of a message or other communication;
- violates any applicable law or regulation (including, without limitation, any U.S. or foreign laws restricting the export of data);
- constitutes or contains junk mail, spam, advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
- seeks to solicit Site members or guests to join or utilize outside sites or online services or organizations;
- knowingly contains viruses, Trojan horses, worms, time bombs or other computer programming routines, engines or other software, data or programs that are intended to or may damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data, information or property of the Site or of any other person; or
- is, from its nature or content, otherwise demonstrably or objectively inappropriate.
- Disclaimer of Warranties; Limitation of Liability.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ALL SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL SHALOMLEARNING OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SHALOMLEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SITE, ANY LINKED SITES, ANY CONTENT ON THE SITE OR ANY RELATED SERVICES, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR OR OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. If and to the extent that any jurisdiction does not allow the exclusion or limitation of direct incidental or consequential damages, ShalomLearning’s liability in such jurisdictions shall be limited to the full extent permitted by law.
You hereby release and forever discharge ShalomLearning, its officers, employees, agents, and successors from all actions, causes of action, injuries, claims, damages, costs or expenses of any kind growing out of or related to you or your Student(s) use of the Services and Site. You understand that this is a full and complete release to the maximum extent allowed by law or all claims and damages which you or your Student(s) may have as a result of his or her use of the ShalomLearning Services and Site regardless of the specific cause thereof.
- Designated Agent
For purposes of the Digital Millennium Copyright Act, ShalomLearning has registered a Designated Agent. All inquiries into alleged copyright infringement should be sent to ShalomLearning, ATTN: Operations Office, ShalomLearning, 160 Herrick Rd, Newton, MA 02459 or by email at firstname.lastname@example.org.
- Modifications to the Service
ShalomLearning reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ShalomLearning will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- Choice of Law and Forum
This Agreement is made under and subject to the laws of the Commonwealth of Massachusetts, which shall serve as the forum for any claims or disputes arising hereunder. For any dispute, the parties shall first seek to resolve any dispute by direct discussion, and should that not succeed then by mediation, and then if necessary by arbitration, and lastly only if necessary by a lawsuit, all within the Commonwealth of Massachusetts.
You agree to defend, indemnify and hold ShalomLearning, related or affiliate companies, and their employees, contractors, officers, directors, agents, partners, along with any third parties who contribute to the Site or related services, from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of this site, including claims arising out of Student Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violations of any rights of another. ShalomLearning reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with ShalomLearning in asserting any available defense.
- Severability and Integration
Unless otherwise specified herein, the Legal Terms constitute the entire agreement between you and ShalomLearning and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ShalomLearning with respect to the Site. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may discontinue your participation in and access to the Services at any time. These Terms will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that ShalomLearning may, under certain circumstances and without prior notice, immediately suspend, terminate, block and/or delete your ShalomLearning account and access to the Service. Causes for such suspension, termination and/or deletion shall include, but not be limited to, (i) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you which constitutes a self-initiated account deletion, (iv) discontinuance or material modification to the Service, or any part thereof, (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of fees owed by you in connection with the Service. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services, including the deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof). If ShalomLearning terminates use of Site because you or a person under your control or supervision has breached these Terms, you shall not be entitled to a refund of any portion of the fees or payments (if any) that you paid for your license to access and use the Site or for any services, and you shall remain obligated to pay the remainder of any unpaid portion of the purchase price that you agreed to pay for your license to access and use the Site or for any such services.
Copyright © 2018 Jewish Causes of Choice, Inc./ShalomLearning. All rights reserved.
Last Revised: June 14, 2018