Terms of Use for LoonyLearn and LoonyLearn.com
The Effective Date of these Terms of Use is October 1st, 2019
These terms of use (“Terms”) apply to the LoonyLearn.com website and its features, as well as any website, mobile or software application, widgets or online services that are owned and controlled by LoonyLearn.com (“LoonyLearn”) and that post a link to these terms, whether accessed via computer, mobile device or otherwise (collectively, the “Site”). These terms do not apply to any other web site or any offline activities by LoonyLearn (unless specifically stated). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, INCLUDING WITHOUT LIMITATION, BY INSTALLING OR DOWNLOADING AN APPLICATION, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
There may be times when separate terms and conditions, in addition to these terms, apply to a particular service or product offered through the site (“Additional Terms”). In those cases, the additional terms control to the extent there is a conflict with these terms.
Please also review the terms of the Site’s Privacy Policy
TABLE OF CONTENTS
OWNERSHIP OF SITE CONTENT
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
APPLICATIONS
SERVICE FEES
MEMBERSHIP & REGISTRATION
MINIMUM REQUIREMENTS
INFORMATION AND CONTENT YOU SUBMIT
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
LINKING POLICY
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY; WAIVER
INDEMNIFICATION
TERMINATION
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
THIRD-PARTY BENEFICIARY
MISCELLANEOUS
OUR RIGHT TO UPDATE THESE TERMS
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the site, including past, present and future versions, domain names, source and object code, the application content (defined below) and the “look and feel” of the Site (collectively, the “Site Content") are owned, controlled or licensed by LoonyLearn, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The site content may not be copied, reproduced, downloaded or distributed in anyway, in whole or in part, without the express permission of LoonyLearn, unless and except as is expressly provided in these terms. Any unauthorized use of the site content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
You may visit our site without further permission from LoonyLearn and LoonyLearn grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the site content and – if you are accessing the site via an application (defined below) on Apple’s iOS Platform – as permitted by the usage rules set forth in the Apple App Store Terms of Service. This license is subject to your full compliance with these terms. When you download or use the site content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the site content; (c) not use the site content in a manner that suggests an association between any third party and LoonyLearn or any of our products, services or brands; and (d) not yourself (and must not allow or assist any third party (whether or not for your benefit) to) copy or adapt any object code associated with the site or reverse engineer, modify or attempt to discover any source code associated with the site or insert any code or product to manipulate the site content in any way that affects any user’s experience. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the site content (except as may be a result of standard search engine or internet browser usage).
We reserve all other rights to the site and site content. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the site or site content without our permission. You also may not transfer, resell or sublicense this limited right to use the site.
APPLICATIONS
The site offers features and services that are available to you via your mobile device, which features and services may include, without limitation, (i) applications featuring educational games, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing (“Application content”); and (ii) any files that are delivered to you by LoonyLearn (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the application (collectively, the “Applications"). The applications are the copyrighted works of LoonyLearn and contain trademarks, service marks, trade names, and other intellectual property of LoonyLearn.
If you are accessing an application via Apple Inc.’s (“Apple") App Store, you acknowledge that Apple is not a party to and has not agreed to these terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any application; that LoonLearn, and not Apple, is responsible for the application; and that your use of that application is also subject to Apple’s usage rules as set forth in the iTunes Store Terms of Service.
We may charge for an application and these charges will be disclosed prior to completion of download of the application. By downloading and/or installing a paid application, you agree to pay the purchase fee. LoonyLearn may change pricing for the application or application content. We do not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain applications and certain applications may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
SERVICE FEES
You may use the site (or certain portions thereof) free of charge or may have the opportunity to subscribe to the site on a paid basis. In addition to the application charges described above, we may charge periodic fees to subscribers. Subscription may include benefits like ad-free use of the site or access to content not available to non-subscribers. Should you elect to subscribe to the site, you will be subject to our payment terms, which are additional terms as defined and described above. ONCE YOU SUBSCRIBE, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR PAYMENT CARD WILL BE CHARGED EACH MONTH OR ANNUALLY UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PAYMENT TERMS OR WE TERMINATE YOUR USE OF THE SITE (AS DESCRIBED IN THE “TERMINATION” SECTION, BELOW).
All subscription fees are non-refundable. You may cancel your subscription or terminate your use of the site entirely at any time, but you will not receive a refund or credit for any fees previously paid. LoonyLearn reserves the right, in its sole discretion, to change the applicable fees and modify the payment terms from time to time.
MEMBERSHIP & REGISTRATION
Subscription and certain other areas of or features on the site may require registration or may otherwise ask you to provide information to participate or access certain site content. These features are limited to adult users of the site. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the site or access certain site content, including subscribing to site. When you provide information to the site, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other device, as applicable) so that others may not access the password-protected portion of the site using your login information (provided that this restriction does not apply to distribution by a classroom subscriber of his or her access name and access code to those making use of the classroom subscription with the subscriber’s permission). LoonyLearn reserves the right (in its sole discretion) to terminate your account or otherwise deny you access without notice and without liability.
MINIMUM REQUIREMENTS
The site may require you to meet certain minimum hardware and software system requirements (“Minimum Requirements”). If you do not meet these minimum requirements, you may not be able to use the site or some or all of the site content may be inaccessible or not fully functional. Minimum requirements will be disclosed on the site. Please review the minimum requirements carefully before using or subscribing to the site.
INFORMATION AND CONTENT YOU SUBMIT
Any content you submit to LoonyLearn or the site, through a “contact us” mechanism or otherwise, will be treated as non-confidential and non-proprietary and will not be returned. You agree that LoonyLearn is free to use any ideas or concepts you submit to us for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the site, or from communications you receive from the site, to third party websites or online features. The site also may include third party content that we do not control, maintain or endorse. Your correspondence and business dealings with others found on or through the site are solely between you and the applicable third party. You expressly acknowledge and agree that we are in no way responsible or liable for third party content, sites or online features.
LINKING POLICY
LoonyLearn grants you the revocable permission to link to the site; provided, however, that any link to the site: (a) must not frame or create a browser or border environment around any of the content on the site or otherwise mirror any part of the site; (b) must not imply that LoonyLearn or the site is endorsing or sponsoring any third party or its products or services, unless LoonyLearn has given the third party its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in LoonyLearn’s sole opinion, harm LoonyLearn or its products or services; (d) must not use any LoonyLearn trademarks without the prior written permission from LoonyLearn; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in LoonyLearn’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these terms. Notwithstanding anything to the contrary contained in these terms, LoonyLearn reserves the right to prohibit linking to the site for any reason in our sole and absolute discretion.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, IS PROVIDED ON AN “AS IS", “AS AVAILABLE" AND “WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LOONYLEARN AND EACH OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, OR VENDORS (COLLECTIVELY, THE “LOONYLEARN PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A) THE SITE OR SITE CONTENT, INCLUDING ANY APPLICATIONS; (B) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (C) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED VIA THE SITE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO LOONYLEARN OR VIA THE SITE. IN ADDITION, THE LOONYLEARN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE LOONYLEARN PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LOONYLEARN PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE LOONYLEARN PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LOONYLEARN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SITE, INCLUDING DOWNLOADING OR INSTALLING AN APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
IF YOU ARE ACCESSING THE SITE VIA AN APPLICATION ON APPLE’S IOS PLATFORM:
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION (IF ANY) TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND LOONYLEARN WILL HAVE NO OTHER WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS WILL BE LOONYLEARN’S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, YOU AND LOONYLEARN ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, YOU AND LOONYLEARN ACKNOWLEDGE THAT, AS BETWEEN APPLE AND LOONYLEARN, LOONYLEARN IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE LOONYLEARN PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC,EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE OR THE SITE CONTENT; (B) YOUR USE OF,INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LOONYLEARN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LOONYLEARN PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE LOONYLEARN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LOONYLEARN PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LOONYLEARN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE (INCLUDING ANY SITE CONTENT) OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOONYLEARN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE (INCLUDING ANY SITE CONTENT) OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOONYLEARN PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE,THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OFANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIMEOF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. "
INDEMNIFICATION
You agree to defend, indemnify and hold the LoonyLearn parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the site or activities in connection with the site; (b) your breach or anticipatory breach of these terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (d) the LoonyLearn parties’ use of your information as permitted under these terms, the privacy policy, or any other written agreement between you and LoonyLearn. You will cooperate as fully required by the LoonyLearn parties in the defense of any claim. The LoonyLearn parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the LoonyLearn parties.
TERMINATION
LoonyLearn reserves the right to terminate your access to and use of the site in its sole discretion, without notice and liability, including, without limitation, if LoonyLearn believes your conduct fails to conform with these terms or any additional terms. LoonyLearn also reserves the right to investigate suspected violations of these terms. Any violation of these terms may be referred to law enforcement authorities. Upon termination of your access to the site, or upon demand from LoonyLearn, all rights granted to you under these terms will cease immediately, and you agree that you will immediately discontinue use of the site.
LoonyLearn also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the site, including, without limitation, the cessation of all activities associated with the site. You agree that, except as may be required by law, LoonyLearn will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any part thereof.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject LoonyLearn to any registration requirement within such jurisdiction or country. LoonyLearn controls and operates the site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the site are appropriate for use or access in other locations. Anyone using or accessing the site from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the site (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or another feature that we provide.
Software related to or made available by this site may be subject to United States export controls. Thus, no software from this site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the site, including, without limitation, those governing your transmission or use of any software or data.
GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF RHODE ISLAND, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUTOF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN PROVIDENCE COUNTY, RHODE ISLAND AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN PROVIDENCE COUNTY, RHODE ISLAND FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the site for any purpose or in any manner that infringes the rights of any third party. LoonyLearn encourages you to report any content on the site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA"), LoonyLearn has a designated agent for receiving notices of copyright infringement and LoonyLearn follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LoonyLearn’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U. S. C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the site violates your rights other than copyrights, please provide LoonyLearn with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or other complaint regarding alleged violation of rights to LoonyLearn’s copyright talent, who can be reached as follows:
LoonyLearn.com DMCA Copyright Agent
1489 Via Di Salerno, Pleasanton, CA 94566
By email: info@loonylearn.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
LoonyLearn will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
THIRD-PARTY BENEFICIARY
If you access the site via an application on Apple’s iOS Platform, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary of the terms. If you are accessing the site via an application on Apple’s iOS Platform, you agree that if the application or your possession and use of the application infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
MISCELLANEOUS
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site. The failure of LoonyLearn to act with respect to a breach of these terms by you or others does not constitute a waiver and will not limit LoonyLearn’s rights with respect to such breach or any subsequent breaches. No waiver by LoonyLearn of any of these terms will be of any force or effect unless made in writing and signed by a duly authorized officer of LoonyLearn. Neither the course of conduct between the parties nor trade practice will act to modify these terms. LoonyLearn may assign its rights and duties under these terms to any party at any time without any notice to you. These terms may not be assigned by you without LoonyLearn’s prior written consent. If any provision of these terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these terms will not be construed against LoonyLearn by virtue of LoonyLearn having drafted them.
OUR RIGHT TO UPDATE THESE TERMS
LoonyLearn reserves the right to modify or add to these terms at any time without prior notice (“Updated Terms"). You agree that we may notify you of the updated terms by posting them on the site so that they are accessible via a link on the home page, and that your use of the site after we have posted the updated terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated terms. Therefore, you should review these terms before using the site. The updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms, and will apply to your use of the site from that point forward.
