Terms of Service

Definitions

"Web Site" - refers to Learnopia.com and all associated web sites.
"Site Content" - refers to the content provided by the Learnopia Inc. through this Web Site which may be owned by Learnopia Inc. or by others. It includes without limitation, the content, design, arrangement, selection, text, software, scripts, graphics, photos, sounds, music, videos, and interactive features.
"Author" - refers to a user who wish to post course their own materials on this Web Site.
"Author Content" - refers to the course materials posted by Authors to this Web Site.
"User Comments" - refers to all discussion board posting, mail messages, feedback, etc. given by users on the Web Site.
"User Submissions" - the combination of both Author Content and User Comments.
"You" - refers to the user or member.

Your Acceptance

Please carefully read these terms of service before using the Web Site. Your use of and access to the Web Site is subject to the following terms of sservice (including the Privacy Policy of the Web Site) and all applicable laws. By accessing and using the Web Site, you signify you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Web Site. These Terms of Service may be amended or modified, or new conditions may be imposed, at any time and without any warning. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Web Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept the changes. Terms can change and it is users responsibility to be aware of them.

Contact Information

Postal Address:
Learnopia Inc.
62 Main Street
Milton, Ontario
Canada
L9T 1N3

Customer Service
Web-site: Contact Us
Telephone: 519-573-6172
Email: contactus(at)learnopia.com

Learnopia.com Website

You understand and agree to the fact that Learnopia Inc. provides the Web Site for the providing, selling, and/or distributing Site Content, among other things. The Company may modify, change, and/or terminate Site Content available at the Web Site at any time, without notice. You understand and agree that Learnopia Inc. may discontinue or restrict your use of the Web Site for any reason without notice and without any liability to you. In addition, when using the Web Site, you shall be subject to any limits or terms of use applicable to the Site Content , which may be posted from time to time and which are hereby incorporated by reference into these Terms of Service.

Third Party Links

Learnopia.com contains links and references to third party web sites and materials. Learnopia Inc. does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Learnopia Inc. does not endorse or otherwise recommend any of these third party web sites, references, or the products, services, or information there offered. Learnopia Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practises of any third party web sites. In addition, Learnopia Inc. will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Learnopia Inc. from any and all liability arising from your use of any third-party website.

Membership Accounts

In order to use some areas of Learnopia.com, you will need to create a Membership account. You may not use another member's account without their permission. You must provide accurate and complete information when signing up for your account. You are responsible for any and all activity that occurs on your account. It is very important that you keep your password secure. You must notify Learnopia Inc. immediately of any breach of your account. Though, Learnopia Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Learnopia Inc. or others due to such unauthorized use.

Copyright

The Web Site and Site Content is the property of Learnopia Inc. or its licensors, and is protected by copyright and other intellectual property laws. The Site Content is provided to you AS IS for your information and personal and non-commercial use only. The Site Content may not be copied, downloaded, modified, altered, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, published, translated, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Except where noted, Learnopia Inc. does not claim ownership of certain Site Content, including Site Content you as and Author submit or make available on the Web Site. The Site Content is considered the property of the applicable licensor and therefore the liability for the opinions, accuracy and originality of the Site Content lies with the licensor. Learnopia Inc. has been granted a limited right and license to use, publish, distribute, and display the Site Content. All rights not expressly granted herein are hereby reserved.

For Site Content you, as an Author wish to submit, will adhere to our Reseller Agreement. For Site Content which you have chosen to be free to users or have been purchased by a user, you agree to grant Learnopia Inc. a license to use, publish, translate, distribute, transmit, transfer such Site Content to those students who have enrolled in course containing the Site Content, and to use the Author's name and other identifying information provided in connection with that Site Content. Learnopia Inc. Reserves the right, but not the obligation, of reviewing all submissions prior to posting and to not post a submission for any reason whatsoever and to do so without notification to the Author.

Copyright Infringement

If you believe in good faith that any Site Content or other material posted on the Web Site infringes your copyright, please contact our agent for notice of claim of copyright infringement, by email copyright(at)learnopia.com. Please provide us with the following information, which we may then forward to the alleged infringer: (a) a description of the material that you believe infringes your work, with enough detail for us to locate it on the Web Site, including URL; (b) your postal address, email address, and telephone number; (c) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it's agent, or the law; (d) a statement, under penalty of perjury, that (i) the above information is accurate, and that (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and (e) your physical or electronic signature. Upon receiving your complaint, we may remove the allegedly infringing content.

General Use of Site

  • You agree not to access Site Content through any technology or means other than the Web Site, the Learnopia.com Video Player, or other explicitly authorized means Learnopia Inc. may designate.
  • You agree not to launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Learnopia.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  • Learnopia Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
  • You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site (e.g. comments, email, discussions boards) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

User Comments

You may access User Comments solely:

  • as intended through the normal use and function of the Learnopia.com Service;
  • User Comments are made available to you for your information and personal use solely as intended through the normal use and function of the Learnopia.com Service. User Comments are made available "as is", and may not be used, modified, copied, produced, reproduced, distributed, transmitted, displayed, broadcast, licensed,sold, downloaded, translated, published, performed or otherwise exploited in any manner not intended by the normal functionality of the Learnopia.com Service or otherwise as prohibited under this Agreement.
  • You may access Site Content, User Comments and other content only as permitted under this Agreement. Learnopia Inc. reserves all rights not expressly granted in and to the Learnopia Inc. Terms of Service.
  • You agree to not engage in the use, distributing or copying of any of the Site Content other than expressly permitted herein, including any use, distribution, or copying of User Submissions of third parties obtained through the Website for any commercial purposes.
  • You agree not to disable, circumvent, or otherwise interfere with security-related features of Learnopia.com or features that restrict or prevent use or copying of any Site Content or enforce limitations on use of the Learnopia.com Site Content therein.
  • You understand that when using Learnopia.com, you will come across User Submissions from a variety of sources, and that Learnopia Inc. is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may come across User Submissions that are 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 Learnopia Inc. with respect thereto, and agree to indemnify and hold Learnopia Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  • You, the Author, retain all of your ownership rights in your User Comments. However, by submitting User Comments to Learnopia.com, you hereby grant Learnopia Inc. a worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, display, and perform the User Comments in connection with the Learnopia.com Website and Learnopia Inc.'s (and its affiliates' and successors') business, including without limitation for promoting and redistributing part or all of the Learnopia.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Comments and grant each user of the Learnopia Inc. Website a non-exclusive license to access your User Comments through the Website, and to use, display and perform such User Comments as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Learnopia Inc. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

Your User Submission and Conduct

  • With your Learnopia.com account you may submit Author Content which may include videos, pdfs, flash, text, audio, other teaching materials, and User Comments, also know as User Submissions. You understand that whether or not such User Submissions are published, Learnopia Inc. does not guarantee any confidentiality with respect to any User Submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of publishing or posting them. With respect to your User Submissions, you represent, affirm, and/or warrant that: you own or have the necessary licenses, consents, rights, and permissions to use and authorize Learnopia Inc. to use all trademark, patent, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Learnopia Inc. and these Terms of Service
  • In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including publicity and privacy rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Learnopia Inc. all of the license rights granted herein.
  • Learnopia Inc. does not endorse any User Submission or any recommendation, opinion, or advice expressed therein, and Learnopia Inc. expressly disclaims any and all liability in connection with User Submissions. Learnopia Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Learnopia Inc. reserves the right to remove User Submissions without prior notice.

Account Termination Policy

Learnopia Inc. reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material. Learnopia Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Affiliates

If You want to market, promote, or otherwise advertise any Courses offered at Learnopia.com then You agree, represent, acknowledge, understand and warrant that:

  • You understand that teachers can choose how much affiliate commission to offer for each course. The selected commission for each course can be between 0% and 70% of the course price. There is an additional 5% fee from Learnopia for using the affiliate network.. Courses with 0% commission will not be promoted through the Affiliate Network.
  • The affiliate payout is earned when someone from a traceable link from the affiliate, within 30 days of visiting Learnopia.com, purchases a course.
  • An additional lifetime affiliate payout of 2.5% is paid to an affiliate for every course purchased by a member directed to Learnopia.com by an affiliate link, signs up to be a free member, and has never visited Learnopia.com previously. This affiliate payout is earned for the entire lifetime of the student.
  • An additional lifetime affiliate payout of 2.5% is paid to an affiliate for every course that a teacher sells, by a member directed to Learnopia.com by an affiliate link, signs up to be a free member, and has never visited Learnopia.com previously. This affiliate payout is earned for the entire lifetime of the teacher.
  • Affiliate Payouts will be made to affiliate through the Paypal account provided on sign-up.
  • Affiliate Payouts will be made on the following schedule. If your total amount is less than $2,000 US/month or you have chosen, you will be paid on a monthly basis. If you exceed $2,000 US/month, the following month you will be paid on a daily basis (for each day you have payments due). If you continue to maintain $2,000 US/month you will be paid daily, if that threshold isn't met, then you will be back to monthly payments the following month. If on a monthly basis you do not have at least $10 in accrued in your account, that amount will be rolled over to the next month. Once your account reaches at least $10, you will receive a pay-out at the end of the month.
  • You will not manipulate Learnopia.com's tracking of affiliate commissions, or with the normal flow of traffic to, through, or from Learnopia.com.
  • You will not suggest or imply any warranty or other policy with respect to any Courses other than Learnopia Inc.'s Refund Policy.
  • You will not offer, suggest or imply the availability of any coupons, rebates, tickets, vouchers or similar incentives to encourage the purchase of a Learnopia Inc. Course.
  • You will not make any unauthorized or unlicensed use of or otherwise infringe or misappropriate any teaching materials protected by any patent, trademark, copyright, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary rights.
  • All communications and/or representations made by You in connection with any advertising of Learnopia Inc. Courses will be accurate and contain all disclaimers and disclosures necessary to prevent such Promotions from being deceptive or false or. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with all Canadian federal and provincial laws and Your country's laws.
  • Learnopia Inc. reserves the right, but not the obligation, to review your advertising of Learnopia Inc. Courses. You agree that Learnopia Inc., in its sole discretion and at any time, may demand changes to your advertising campaigns.
  • You will provide valid contact information including a phone number and email address. Responses to this contact information should be within 48 hours.
  • You warrant that your site or promotional materials promoting Learnopia.com will not be connected to in any way hate crimes, pornography, obscene or defamatory material.

Warranty and Condition Disclaimer

YOU AGREE THAT YOUR USE OF THE LEARNOPIA INC. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEARNOPIA INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, LEGAL, EXPRESS, IMPLIED, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, IN TORT OR DELICTUAL, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, CUSTOM, OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS TERMS OF SERVICE, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. LEARNOPIA INC. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE COMPLETENESS OR ACCURACY OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, INACCURACIES, OR MISTAKES, OF CONTENT, (II) PERSONAL INJURY, BODILY, PROPERTY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY VIRUSES, TROJAN HORSES, BUGS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY OMISSIONS OR ERRORS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARNOPIA INC. WEB SITE. LEARNOPIA INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, WORKMANSHIP, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. LEARNOPIA INC. DOES NOT WARRANT, GUARANTEE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEARNOPIA INC. WEBSITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND LEARNOPIA INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

Limitation of Liability

IN NO EVENT SHALL LEARNOPIA INC., ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) MISTAKES, ERRORS, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, BODILY, PROPERTY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY VIRUSES, TROJAN HORSES, BUGS, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY OMISSIONS OR ERRORS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARNOPIA INC. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OR SERVICE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LEARNOPIA INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Web Site is run and offered by Learnopia Inc. from its facilities in Canada. Learnopia Inc. makes no representations that the Web Site is appropriate or available for use in locations other than Canada. Those who access or use the Learnopia Inc. Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Learnopia Inc., its employees, officers, directors, and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Learnopia Inc. Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Learnopia Inc. Web Site.

Ability to Accept Terms of Service

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are 13 years old or older, as the Learnopia Inc. Web Site is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Learnopia Inc. Web Site.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Learnopia Inc. without restriction.

General

You agree that: (i) the Learnopia Inc. Web Site shall be deemed solely based in Ontario, Canada; and (ii) the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over Learnopia Inc., either general or specific, in jurisdictions other than Ontario, Canada. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and Learnopia Inc. that arises in whole or in part from the Learnopia Inc. Web Site shall be decided exclusively by a court of competent jurisdiction located in Milton County, Ontario, Canada. These Terms of Service, together with the Privacy Policy at http://www.learnopia.com/about/privacy-policy and any other legal notices published by Learnopia Inc. on the Web Site, shall constitute the entire agreement between you and Learnopia Inc. concerning the Learnopia Inc. Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Learnopia Inc.'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND LEARNOPIA INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEARNOPIA INC. WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Language

The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.

Dated: August 11, 2010