Mold Learnings Terms of Service
Last Updated: August 31, 2021
Welcome, and thank you for your interest in MoldLearnings, which operates the web site located at http://localhost/mold (the “Website“) and online services, including, but not limited to, the online courses, any Downloadable Content (as defined below), Blog and any other products and services that may be provided now or in the future (collectively, the “Services”). The following Terms of Service are a legal contract between you (“you” and “your“) and MoldLearnings regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users“.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MOLD LEARNINGS PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS“).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
Table of Contents:
1. Eligibility; Accounts.
2. Privacy Policy.
3. Modification of the Terms.
4 User Content License Grant.
5. Proprietary Materials; Licenses.
6. Prohibited Conduct.
7. Third-Party Sites, Products and Services; Links.
8. Term and Termination.
9. Representations and Warranties.
10. Indemnification.
11. Disclaimers; No Warranties.
12. Miscellaneous (including Dispute Resolution and Arbitration).
1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY MOLD LEARNING OR Anyone who breaches the Term and condition.
1. 1.1 By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Services by Mold Learnings and that your registration and your use of the Services is in compliance with any applicable laws.
2. 1.2 Account. To use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Mold Learnings, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Mold Learnings at info@localhost You may be liable for the losses incurred by mold learnings or others due to any unauthorized use of your Services account.
2. 2. Privacy Policy. Your privacy is important to Mold Learnings. Please read the Mold Learnings Privacy Policy, which is hereby incorporated into these Terms (and which are part of our contract with you), carefully for information relating to mold Learning’s collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services, and explains the procedures by which Users, may view, update, correct, or delete their account and personal information.
3. 3. Other guidelines. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines“). All such Guidelines are hereby incorporated by reference into the Terms.
4. 4. Modification of the Terms.
1. 4.1 General. Upon opening an account, you accept the Terms in the form posted on our website. Mold Learnings reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Mold Learning will make a reasonable effort to provide notice to you of such amended Terms, such as by email notification to the address associated with your account or by posting a notice on the Services. and such amended terms will be effective against you.
5. 5. User Content License Grant
1. 5.1 User Content and Ownership. Mold Learnings may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos, and other audio-visual materials and communications (collectively, “User Postings“) and (b) the posting, creation, or modification by you and other users collectively, “User Content“). You understand that whether or not such User Content is published, Mold Learnings does not guarantee any confidentiality concerning any submissions. Consistent with Applicable Law, as between mold learnings and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and mold learning does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
2. 5.2 License Grant to Mold Learning. By posting, submitting, or distributing User Content on or through the Services, you hereby grant to Mold Learnings a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and mold learning’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information.
3. 5.3 License Grant to Users.
1. (a) User Postings. By posting, submitting, or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by mold learnings on or through the Services.
2. (b) Downloadable Content. The Services may permit you to download mobile applications(if any) or certain digital educational content (“Downloadable Content“). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Mold Learnings grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view, and use the Downloadable Content, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations, or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
4. 5.4 Access to Your User Content. Mold Learnings may permit Users to share their User Content with a select group of other Users or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although mold learnings may provide certain features intended to allow you to restrict some User Content you create from others, mold learnings do not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, mold learning will use reasonable efforts to notify you.
5. 5.5 User Content Disclaimer. You understand that when using the Services you will be exposed to User Content from a variety of sources and that mold learning is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against mold learnings with respect thereto. Mold learnings do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and mold learnings expressly disclaim any liability in connection with User Content.
6. Proprietary Materials; Licenses
6. 6.1 Proprietary Materials. The Services are owned and operated by Mold Learnings. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials“) are protected by national and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise outlined in this Section 7, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to mold learnings, and mold learnings reserves all rights therein and thereto not expressly granted by these Terms.
6.2 Licensed Educational Content. Mold Learnings may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by mold learnings or its third-party licensors (the “Licensed Educational Content“). Mold learnings grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by mold learnings solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
6.3 Non-Commercial Use. The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed, or otherwise exploited for any commercial purpose, commercial advantage, or private monetary compensation, unless otherwise previously agreed in writing by Mold Learnings
1. (a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that mold learnings expressly defines as falling outside of “non-commercial” use:
1. i. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
2. ii. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
3. iii. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
2. (b) Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, the use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
6.5 Crediting Mold Learnings If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All mold learnings content is available for free a”www.moldlearnings.com“.
7. Prohibited Conduct.
YOU AGREE NOT TO:
7.1 use the Services for any commercial use or purpose unless expressly permitted by mold learnings in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
7.2 except as expressly permitted under these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
7.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
7.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.5 use the Services in any manner that is harmful to minors,
7.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
7.7 delete the copyright or other proprietary rights notices on the Services or any Licensed Educational Content, Licensed Educational Code, or User Content;
7.8 assert, or authorize, assist, or encourage any third party to assert, against MOLD LEARNINGS or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
7.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
7.10 use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.11 defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.12 remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content;
7.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.14 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by MOLD LEARNINGS herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
7.15 intentionally interferes with or damages operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8 Third-Party Sites, Products, and Services; Links. The Services may include links or references to other websites or services solely as a convenience to Users (“Reference Sites“). MOLD LEARNINGS does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
9. Term and Termination.
9.1 Term. These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
9.2 Termination by Mold Learnings. Mold Learnings, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with mold learnings or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. Mold learnings may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be effected without prior notice, and you agree that mold learnings will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies mold learnings may have at law or in equity. As discussed herein, mold learnings do not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
9.3 Termination by You. Your only remedy concerning any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of mold learnings in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login Account with the Services and discontinuing the use of any parts of the Services.
9.4 Responsibility for Pre-Termination activity. Termination of the Terms as to any User account will not limit mold learnings’ rights and remedies regarding any breach of these Terms occurring before such termination.
10. Representations and Warranties. You warrant, represent, and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates, or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render mold learnings in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law“); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant, and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service.
11. Indemnification. You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless mold learnings, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Mold learnings Parties“) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Mold Learnings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify mold learnings, and you agree to cooperate with mold learnings’ defense of these claims. You agree not to settle any such matter without the prior written consent of mold learnings. Mold learnings
will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties
11.1 No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “MOLD LEARNINGS OFFERINGS“), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE according to APPLICABLE LAW, THE mold learnings PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mold Learnings OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11.2 Content. MOLD LEARNINGS, AND THE MOLD LEARNINGS PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. MOLD LEARNINGS AND THE MOLD LEARNINGS PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE MOLD LEARNINGS OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
11.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
12. Miscellaneous (Including Dispute Resolution and Arbitration).
12.1 Notice. Mold Learnings may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means.
12.2 Waiver. The failure of mold learnings to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by mold learnings.
12.3 Governing Law. The Terms will be governed by and construed by the laws, without giving effect to any principles of conflicts of national or international law that would cause the application of the laws of any other jurisdiction.
12.5 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
12.9 Entire Agreement. The Terms, the Privacy Policy, and Guidelines constitute the entire agreement between you and mold learnings relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy, or Guidelines made by mold learnings.