- Agreement to Terms
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this Site and receipt of materials, data, and information available at or through the Site, the possibility of our use or display of your submissions (as defined below) and the possibility of the publicity and promotion from our use or display of your submissions.
- Use of the Site
You agree to supervise all access to and use of the Site by persons under your control or supervision, including without limitation to, any Students, and or any employees or representatives. You further agree to ensure that any and all such persons comply with and agree to these Terms as if they had personally accepted to, agreed to, and signed these Terms whether or not they in fact have signed these Terms.
You understand and agree that the Services may include advertisements from the Partner that is providing you the Services and these advertisements are at the discretion of the Partner. You also understand and agree that the Services may include certain 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.
All materials, information, functions, and other content (including submissions as defined below) contained on the Site are ShalomLearning’s copyrighted property. All trademarks, service marks, trade names, and trade dress are proprietary to ShalomLearning. You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Site or content or any part thereof to you or any third party. You undertake not to do any act or thing which in inconsistent to with or which is likely to prejudice such title. You agree to use this Site only for lawful purposes.
(a) 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;
(b) is obscene, libelous, defamatory, threatening, harassing, bullying, abusive, malicious, hateful, sexually explicit, pornographic or embarrassing or alarming to any other person or entity;
(c) 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;
(d) 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;
(e) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate or otherwise objectionable, all as determined by ShalomLearning in its sole reasonable discretion;
(f) violates any applicable law or regulation (including, without limitation, any U.S. or foreign laws restricting the export of data);
(g) constitutes or contains junk mail, spam, advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
(h) seeks to solicit Site members or guests to join or utilize outside sites or online services or organizations;
(i) 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
(j) is, from its nature or content, otherwise demonstrably or objectively inappropriate.
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 use the Services, you will need to register directly with ShalomLearning or through a Partner and obtain an account and password. The information you provide ShalomLearning during the registration process will help us in offering content, customer service, and network management. 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) ensure that you exit from your account at the end of each session. ShalomLearning cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being “Your Data”), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ShalomLearning has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShalomLearning has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
- Intellectual Property Rights
You acknowledge that ShalomLearning, and all 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 or such third parties in these Terms or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to ShalomLearning in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server.
If you need to download Content from our Site, you may do so, for noncommercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright, trademark or other proprietary rights notices contained in the Content and an original source attribution to ShalomLearning or if applicable, the identified third-party and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by ShalomLearning or the third-party provider on the Web page containing the applicable Content. You acknowledge that ShalomLearning and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
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 for the content or privacy practices of the Linked Sites, including without limitation links contained on Linked Sites or any changes or updates to Linked Sites. ShalomLearning is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by ShalomLearning in favor of any third party.
Additionally, ShalomLearning 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, use or reliance by any Student of on any other Content, goods, or services available on or through any other Linked Sites. Further, the inclusion of these links does not imply that the Linked Sites have given permission for inclusion of these links, or that there is any relationship between ShalomLearning and the Linked Sites. ShalomLearning is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where ShalomLearning would be responsible for the actions of their respective owners. The use of Linked Sites may be subject to different terms and conditions and that you shall abide by them before using or visiting such 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 agree that you will not:
(a) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States;
(b) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially or otherwise objectionable User Content;
(c) upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit;
(d) upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(e) alter, damage, or delete any content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services;
(f) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
(g) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
(h) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
(i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(j) collect or store personal data about other users;
(k) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Services or the Site ;
(l) harm minors in any way;
(m) stalk or otherwise harass another; or
(n) collect or store personal information about other Student’s without their permission.
You acknowledge that ShalomLearning does not pre-screen Student Content, but that ShalomLearning has the right (but not the obligation) in its sole discretion to refuse or move any Student Content that is available on the Site. Without limiting the foregoing, ShalomLearning has the right to remove any Student Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that ShalomLearning may preserve Student Content and may disclose Student Content if (i) required to do so by law; (ii) in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process; (iii) enforce these Terms; (iv) respond to claims that any Student Content violates the rights of third parties; (v) or protect the rights, property or personal safety of ShalomLearning and its Students.
You acknowledge and agree that by accessing the Site, you may be exposed to opinions or material uploaded, submitted or expressed by other Students that may be offensive, indecent or otherwise objectionable to you or to any Student(s) or other person(s) under your care, guardianship, supervision, control or employ. You understand the risk of such exposure and undertake to limit or eliminate it by limiting, prohibiting or foregoing access to the Site, by you or by such Student(s) or other person(s), in your sole discretion with no responsibility of ShalomLearning or any other person besides yourself. You will notify ShalomLearning of any content or actions you believe may be in violation of our Agreement by sending an email to email@example.com
- Disclaimer of Warranties
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. SHALOMLEARNING NOR ANY PERSON ASSOCIATED WITH SHALOMLEARNING DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABILE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF ANY SUCH MATERIAL.
- Limitation of Liability
IN NO EVENT WILL SHALOMLEARNING OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, ANY OF ITS CONTENTS OR ANY RELATED SERVICES 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), INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF REVENUE OR ANTICIPATED SAVINGS OR LOSS OF DATA, 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.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE SHALOMLEARNING AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF SHALOMLEARNING, ITS AFFILIATES AND THEIR EMPLOYEES, LICENSORS OR CONTRACTORS FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE OR RELATED SERVICES, OR USE OF THE SAME BY ANY PERSON UNDER YOUR CARE, CONTROL, OR SUPERVISION, EXCEED THE AMOUNTS PAID BY YOU TO SHALOMLEARNING FOR THE LICENSE TO ACCESS AND USE THE SITE.
The limitations stated above apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ShalomLearning has been advised of the possibility of any damages. 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
The Digital Millennium Copyright Act amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, ShalomLearning has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements. All inquiries into alleged copyright infringement should be sent to ShalomLearning, ATTN: Operations Office, ShalomLearning, 1700 Rockville Pike, Suite 400, Rockville, Maryland 20852 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
These Terms will be governed and construed in accordance with the laws of State of Massachusetts, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed in the state or Federal courts located in Norfolk County, MA, and you further agree and submit to exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notwithstanding the above, ShalomLearning shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of ShalomLearning, such action is necessary or desirable. ShalomLearning also has the right to use exclusively binding arbitration governed by the American Arbitration Association Commercial Arbitration Rules.
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 © 2016 Jewish Causes of Choice, Inc./ShalomLearning. All rights reserved.
Last Revised: August 4, 2016