Equalearning Terms of Service

The following terms and conditions govern all use of the Equalearning.net website and all content, services, and products available at or through the website, including, but not limited to, Lesson Builder, White Label Service, Backup Service (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Equalearning’s Privacy Policy) and procedures that may be published from time to time by Equalearning (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Equalearning Inc. (“Equalearning” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Equalearning, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. If you are 18 years of age or older, you may register for children under 18 years old provided you have secured all requisite legal and customary consents to create an account on behalf of the child, and furthermore accept all responsibility for the child’s use of our Services, including but not limited to the child’s adherence to these terms.

Use of our Services requires an Equalearning.net account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Equalearning.net

Your Equalearning.net Account and Artifacts. If you create any interactive content, lessons, or apps (taken together your Artifacts) using our Services, you are responsible for maintaining the security of your account and Artifacts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your Artifacts. You must immediately notify Equalearning of any unauthorized uses of your Artifacts, your account, or any other breaches of security. Equalearning will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you create Artifacts or upload any material to Equalearning.net, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Equalearning.net, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Equalearning for inclusion on your website, you grant Equalearning a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Artifacts. This license allows Equalearning to make publicly-posted content available to third parties selected by Equalearning (to analyze your content for usability statistics, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Equalearning.net users permission to share or record your Content using our Services and to add their own Content to it (aka to save a clip or drawing), so long as they use only a portion of your content and they give you credit as the original author by citing or linking to your Artifact (the our Service’s note taking and save drawing functions do this automatically, for example). If you delete Content, Equalearning will use reasonable efforts to remove it from Equalearning.net, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Equalearning has the right (though not the obligation) to, in Equalearning’s sole discretion, (i) refuse or remove any content that, in Equalearning’s reasonable opinion, violates any Equalearning policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Equalearning.net to any individual or entity for any reason. Equalearning will have no obligation to provide a refund of any amounts previously paid.

Web Traffic. We may use third party companies to measure Equalearning.net’s audience and usage. By hosting your site on Equalearning.net, you agree to assign the traffic relating to your website to Equalearning and authorize us to sign a Traffic Assignment Letter on your behalf for third-party audience measurement reports. Your website’s traffic will be included under Equalearning. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or the third-party company of our choosing require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.

HTTPS. We may offer free HTTPS on all Equalearning.net sites by default, including those using custom domains, via a third party of our choosing. By signing up and using a custom domain on Equalearning.net, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.

Advertisements. Equalearning reserves the right to display advertisements on your Artifacts unless you have purchased a tier of service wherein we agree to forgo this right.

Attribution. Equalearning reserves the right to display attribution text or links in your site footer or toolbar, attributing Equalearning.net or third-party content provider, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to a tier of service wherein we agree that they may be hidden or removed.

Third Party Licensed Content. By activating partner content from third party suppliers, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating or removing their content from your Artifact.

2. Payment and Renewal

General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Equalearning the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal. Unless you notify Equalearning before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website’s dashboard.

White Label Service. White Label Services are provided by Equalearning under the terms and conditions for the service. By engaging us for White Label Services, you agree to abide by such terms and conditions.

Permitted Use. You may use the Equalearning.net Analytics Suite to develop a product or service that searches, displays, analyzes, retrieves, and views information available on Equalearning.net. You may also use the Equalearning.net name or logos and other brand elements that Equalearning makes available in order to identify the source of the information.

Restricted Use. You may not use the Equalearning.net Analytics Suite substantially to replicate products or services offered by Equalearning, including the republication of Equalearning.net Artifacts or the creation of a separate publishing platform. If Equalearning believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Equalearning.net Analytics Suite may be temporarily or permanently revoked, with or without notice. Any attempt to create a separate publishing platform using content provided through the Analytics Suite will result in your account being immediately and permanently revoked.

Backup Service. Equalearning Backup Service will back up your Artifact content (e.g., your images, text, Lesson contents, etc. as described here). You can view the Content that Backup Service backs up via your[https://dashboard.vaultpress.com/ dashboard. You’re fully responsible for the content backed up by the Backup Service. It’s your responsibility to ensure that your website’s Content and Artifacts abide by applicable laws and by these Terms. We don’t actively review the content backed up by the Backup Service.

Access. If you lose access to your Equalearning.net account, you may not be able to access your content backed up by the Backup Service.

License. By using the Backup Service, you grant us access to your Artifacts, content, and data for the purpose of backing up and securing your content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your site, or we may access your site to remove malicious code. We may also scan content (Stored Content) that has been backed up, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Backup Service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Stored Content, to the extent necessary to operate the Backup Service. These Terms don’t give us any rights in your Stored Content, beyond those we need to operate the Backup Service. You own and are responsible for your Stored Content.

Prohibited Uses. When using the Backup Service, you agree scrupulously to avoid:

● Publishing material or engage in activity that is illegal under applicable law.
● Using the Backup Service to overburden Equalearning’s systems, as determined by us in our sole discretion.
● Disclosing the sensitive personal information of others.
● Sending spam or bulk unsolicited messages.
● Interfering with, disrupting, or attacking any service or network.
● Distributing material that is or enables malware, spyware, adware, or other malicious code.

Payment Failure. Payment failures will result in the suspension of your account, after 5 days.

Refunds. We only offer refunds in one case: if you are subscribed to a tier of service that explicitly includes a service level agreement (SLA), and we fail to provide the availability promise. In that case, we offer a refund per the terms we agreed to in the SLA.

Account Suspension and Deletion. For your convenience (e.g., accidental payment failure due to your credit card number changing) we may not immediately queue your Artifacts and content for deletion until 30 days after the suspension of your account. However, we make no guarantees that your data will be available or that your account data will not be deleted sooner.

Cancellation. If you cancel your subscription to the Backup Service, we will queue your Stored Content for immediate deletion.

3. Responsibility of Visitors

Equalearning has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Equalearning does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Equalearning disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites and Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Equalearning.net links, and that link to Equalearning.net. Equalearning does not have any control over those non-Equalearning.net websites, and is not responsible for their contents or their use. By linking to a non-Equalearning.net website, Equalearning does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Equalearning disclaims any responsibility for any harm resulting from your use of non-Equalearning.net websites and web pages.

5. Copyright Infringement and DMCA Policy

As Equalearning asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Equalearning.net violates your copyright, you are encouraged to notify Equalearning in accordance with DMCA Policy. Equalearning will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Equalearning will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Equalearning or others. In the case of such termination, Equalearning will have no obligation to provide a refund of any amounts previously paid to Equalearning.

6. Intellectual Property

This Agreement does not transfer from Equalearning to you any Equalearning or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Equalearning. Equalearning, Equalearning.net, the Equalearning.net logo, and all other trademarks, service marks, graphics and logos used in connection with Equalearning.net or our Services, are trademarks or registered trademarks of Equalearning or Equalearning’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Equalearning or third-party trademarks.

7. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination
Equalearning may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Equalearning.net account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties
Our Services are provided “as is.” Equalearning and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Equalearning nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Limitation of Liability

In no event will Equalearning, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Equalearning under this agreement during the twelve (12) month period prior to the cause of action. Equalearning shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Equalearning Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. U.S. Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Equalearning reserve the right to terminate accounts or access of those in the event of a breach of this condition.

13. Indemnification
You agree to indemnify and hold harmless Equalearning, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

14. Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

15. Miscellaneous
This Agreement constitutes the entire agreement between Equalearning and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Equalearning, or by the posting by Equalearning of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Equalearning may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

User Guidelines

Equalearning is a company operating multi-nationally that exists to expand people’s points of view and understanding of the world. That said, we believe that fundamentally, as co-humans, there are still demands of kindness and concern for our fellow members of the human organism that require us to limit and remove user content and activity that we deem beyond the limits of human kindness and ordinary human concern. These are our guidelines, offered the way we understand them, that give a sketch of the way we want to offer our services.

Illegal content and conduct. You’ll take it up with the courts and police, no joke, avoid this stuff like a plague.

Intellectual property infringement. Equalearning publishes user created content, while our users are responsible to ensure that their use of the content is fair, we also greatly discourage IP bullying. If there is legitimate infringement we will take immediate good faith action upon having understood the infringement. If not, please be considerate of other’s fair use and publishing rights.

Technologically harmful content. Please keep files and links to malware, spyware, adware, or other malicious or destructive code and software far away our servers. And practice good computing hygiene to prevent accidental transmission of computationally transmitted diseases to our servers.

Impersonation. Unless it’s parody, satire, or some other form of fair use, don’t do it. This may lead to your account being suspended.

Threatening material. Do not use our Services to create or transmit any believable or realistic threat of violence. Killing people is harmful (even assuming it can sometimes be justified). Getting really mad and making hyperbolic threats of violence is--in the words of Sam Eagle “distinctly unpatriotic”--and may result in account suspension. “A Modest Proposal” is acceptable.

Posting and collecting private information. Unless you have secured all appropriate consents and releases to publish someone’s personal information, do not publish it. If you have not warned a user in a blatant and obvious way that you are about to collect personal information from them, do not collect it. If you are caught so doing, and more so if your activity looks like it counts as behavior in the first category, we’ll participate with any and all authorities that want our assistance.

Advertising. Advertising isn’t permitted unless you use our Advertising platform services, and only according to our terms of service.

Content Delivery Network/File Host. We aren’t a CDN, please get one if you want one. If you don’t we’ll charge you at our cost plus twice that cost as a handling fee.

If you’ve seen Artifacts or content created with or distributed using our Services that you believe violates our Terms of Service, please let us know here. Whoever owns or is responsible for the content you are complaining about may be told about your complaint. While we will investigate the case, how we act is up to our discretion. We will work hard to be consistent and fair with our application of the rules. If we can’t figure it out, we’ll rely on legal precedent or court rulings.

We keep stats. We may store session cookies when needed. We don’t want to be creepy. We won’t sell out your data for people to be spammed. We won’t give out personally identifiable information about you unless you give us permission first. If we change these policies or you think something has happened that breached your privacy, we work hard to be good about this stuff and will also work hard to make it right.