Labyrinth Learning Terms of Use Effective Date: February 3, 2020
These Terms of Use set forth the terms and conditions for your use of Labyrinth Learning's ("Labyrinth," also "we," "our," and "us") website, online store, cloud software applications, databases, and our software tools (our "Services"). We are willing to provide our Services to you on the condition that you first agree to these Terms of Use. Please read these Terms of Use carefully and if desired you may print or save a copy of them. If you do not agree with these Terms of Use then you may not access or use our Services.
Occasionally we may make changes to these Terms of Use. If changes are made then an update will be made available and will contain the date at which the updated Terms of Use became effective. If you use our Services after the updated Terms of Use date, then you are agreeing to accept the updated Terms of Use.
Accounts
Your Account
To gain access to some of our Services you will need to create an account by registering with a username and password and providing some personal information. Or you may gain access to our Services through a single sign-on integration with a third-party provider including but not limited to commercially available learning management systems. If you gain access through a third-party single sign-on then you will have gained access using the username and password that is associated with the third-party service and you will have been responsible for accepting the terms of use of the third-party service. We accept no responsibility for any violations of a third-party's terms of use.
You are responsible for all activity that occurs within your account and you are solely responsible for maintaining the confidentiality of your username, password, personal information, and any access codes that you have either purchased or have been provided to you. You agree not to share your username, password, personal information, or access codes that you may have created or that have been provided to you in connection with these Services. If you become aware of any unauthorized use of your username, password, personal information, or access codes then you should notify us immediately using one of the contact methods in the Contacting Us section of these Terms of Use.
Institution Accounts
If you are an instructor or administrator, or have some other role in an institution and are providing access codes to students or other individuals for use of our Services then you agree to take reasonable precautions to prevent unauthorized access to and use of our Services. You also agree that all individuals must accept these Terms of Use before they can begin using our Services.
Use of Our Services
Labyrinth grant's you a limited, non-exclusive, non-transferable license to use our Services for your own personal noncommercial purposes. Any commercial use in violation of these Terms of Use is not permitted. You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use our Services. You are responsible for all your actions and activities while using our Services. Neither our Services nor any portion thereof may be displayed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose without our prior written consent.
You understand and agree that:
- Our Services may have limits including but not limited to licensing that restricts the length of time for which you can access the Services, file size limitations, and maximum allowable storage space.
- Some services allow you to add your own original content ("Your Content"). By submitting Your Content to our Services, you hereby grant us a worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with our Services and our business, including without limitation for promoting our Services, in all media now known or hereafter devised through any media channels. You acknowledge that use of our Services is for your personal use only.
- Our Services may be accessed and used on a computing device owned or controlled by you and running the relevant operating system for which our Services were designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to use our Services.
- You must have permission to use our Services on any computing device that you do not own such as computing devices used in classrooms. While using our Services on such devices you agree to accept responsibility for your actions in accordance with these Terms of Use.
- We cannot and do not guarantee the continuous, uninterrupted or error-free operability of our Services or that our Services will operate at a specific speed (since this depends on a number of factors outside our control).
You agree that you will not:
- Use our Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation,
- Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
- Upload, transmit, distribute, introduce or otherwise make available in any manner through our Services any computer virus, keyloggers, spyware, worms, trojan horses, time bombs or other malicious code or files; or
- Reverse engineer, decompile, disassemble, or reverse compile our Services;
- Tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to our Services; or
- Use our Services for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of our Services by automated or other means;
- Interfere with or disrupt our Services or servers or networks connected to our Services, or violate any requirements, procedures, policies, or regulations of networks connected to our Services;
- Rent, lease, loan, sell, license, or transfer access to our Services to any third party or exploit our Services for commercial purposes or otherwise use any information on our Services for profit or gain;
- Export any of our Products in breach of the applicable export or import laws of any country;
- Use our Services in a way that might damage Labyrinth's name or reputation;
- Otherwise, do anything not expressly permitted by these Terms of Use.
Information Security and Privacy
Use of your personal information submitted to us from use of our Services or by registering for our Services is governed by our Privacy Policy, which is expressly made part of these Terms of Use. If you have not already read our Privacy Policy, you should do so now.
Minors
Please see Privacy of Minors in our Privacy Policy.
Ownership
All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in our Services and the content contained therein, other than Your Content, ("Labyrinth Content") are and will remain the sole and exclusive property of Labyrinth and/or its licensors. No title to or ownership of any portion of our Services, the Labyrinth Content or any other products or services manufactured, sold and/or distributed or otherwise made available by us, or any proprietary rights related to those Services, is or will be transferred pursuant to or by virtue of this agreement. Labyrinth hereby grants you a limited, non-exclusive, nonsublicensable, revocable license to display and use the Labyrinth Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Use.
Indemnification
- A) To the extent permitted by applicable law, you will defend, indemnify and hold harmless Labyrinth, its licensees, and our respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the "Labyrinth Indemnitees") from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Labyrinth Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party or (ii) in connection with your violation of these Terms of Service.
- B) In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.
Disclaimer
The Services are provided "as is", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. the entire risk as to the results or performance of the Services as assumed by you. in no event will Labyrinth or its licensors be liable to you for any damages, including without limitation lost profits, lost savings, or other incidental or consequential damages arising out of the use of inability to use the Services, even if Labyrinth has been advised of the possibility of such damages. the terms of this disclaimer shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
Corrections
The Services may contain errors or inaccuracies and may not be complete or current. Labyrinth, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Injunctive Relief
You agree that any breach of your obligations with respect to Labyrinth's proprietary or intellectual property rights will result in irreparable injury to Labyrinth for which money damages are inadequate, and you therefore agree that Labyrinth shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
Termination
We may terminate, disable, lock, block or suspend your access to any of our Services if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of these Terms of Use. In the event of such termination, you must cease all use of the Services, and Labyrinth may immediately revoke your access to the Services. All provisions which by their nature survive termination will survive the termination of these Terms of Use.
General
- You may not transfer or assign any or all of your rights or obligations under these Terms of Use.
- All notices given by you to us must be given in writing to the address set out in the Contact Use section of these Terms of Use.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- If any provision of these Terms of Use is found to be unenforceable, all other provisions shall remain unaffected.
- These Terms of Use may not be varied except with our express written consent.
- These Terms of Use and any related documents such as our Privacy Policy represent the entire agreement between you and us in relation to their subject matter.
- These Terms of Use shall be governed by the laws of California, and you agree that the courts of California (and courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms of Use. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court of competent jurisdiction.
Contacting Us
If you have any questions, comments, or requests regarding these Terms of Use, please contact us:
- via email at securityandprivacy@lablearning.com; or
-
write to us at the following address:
Labyrinth Learning
Attention: Information Security and Privacy Officer
PO Box 2669
Danville, CA 94526