The following describes the terms and condition on which LearnApe offers you access to our services.
Welcome to LearnApe. By using LearnApe (including LearnApe.de and its related sites, services and tools), you agree to the following terms with LearnApe UG. If you have any questions, please refer to our help section. This Agreement is effective on 1 November, 2015, for current users, and upon acceptance for new users.
While using LearnApe sites, services and tools, you will not:
* post content or classes in an inappropriate category or areas on our sites and services;
* violate any laws, third party rights or our policies
* use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
* fail to deliver payment for a class purchased by you (user), unless the educator has changed the class’s description after you purchased, a clear typographical error is made, or you cannot authenticate the educator’s identity;
* fail to deliver a class purchased from you (teacher), unless the student fails to meet the posted terms, or you cannot authenticate the student’s identity;
* manipulate the price of any class or interfere with other users’ listings;
* circumvent or manipulate our fee structure, the billing process, or fees owed to LearnApe;
* post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to LearnApe);
* transfer your LearnApe account (including feedback) and User ID to another party without our consent;
* distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm LearnApe, or the interests or property of LearnApe users;
* export or re-export any LearnApe tools except in compliance with the export control laws of any relevant jurisdictions;
* copy, modify or distribute rights or content from the LearnApe sites, service or tools or LearnApe’s copyrights and trademarks; or
* harvest or otherwise collect information about users, including email addresses, without their consent.
LearnApe and our users work together to keep our sites and services working properly and safely. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-LearnApe transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue LearnApe sites, services or tools.
Students and course providers share the responsibility for making sure purchases facilitated by LearnApe are exciting, rewarding and hassle-free. We strongly encourage students to work with course providers before opening a claim relating to a purchase.We require LearnApe course providers to comply with our resolution process. Students and educators permit us to make a final decision, in our sole discretion, on any claim that a student files with LearnApe under the LearnApe Student Protection Policy. If we resolve a dispute in the student’s favor, we will refund the student for the full cost of the class (including any applicable sales taxes), and we will require the course providers to reimburse us for the amount due to the student. Without limiting the foregoing, course providers may not have to pay a reimbursement for a LearnApe claim if they provide sufficient documentation (for example, proof that the class was as described). Course providers agree to allow us to debit their monthly account balance for amounts due to students. If course providers do not provide LearnApe with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict course providers from selling on our sites until payment is made.
* Correcting Mistakes in Payments to Students or Course providers. We reserve the right to fix any processing errors we discover. We will correct any
processing errors by debiting or crediting the payment method used for the erroneous student or educator refunds or reimbursements.
Fees and Services
Joining LearnApe and listing classes is free. For teachers or course providers, we do charge a commission per student enrollment. For students and users all course fees listed are quoted in EURO. Fees will be debited from your credit card or paypal account payment. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due).
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, or trade secrets. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
e. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid,
sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
f. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Limitation of Liability
You will not hold LearnApe responsible for other users’ content, actions or inactions, or classes they list. You acknowledge that we are not involved in the actual transaction between students and educators. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of classes advertised, the truth or accuracy of users’ content or listings, the ability of educators to offer classes, the ability of students to pay for classes, or that a student or educator will actually complete a transaction or return a class purchase. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the full cost of the class (including any applicable sales tax) and its original shipping costs, (b) the total fees (under LearnApe Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not:
* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of LearnApe and the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
* bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Course Listing Conditions
By listing a class on LearnApe’s sites, you agree to pay LearnApe’s fees for such, assume full responsibility for the content of the listing and class offered, and accept the following listing conditions: When you list a class on LearmApe’s sites, your listing will be submitted for approval by LearnApe, before being posted on LearnApe’s sites. The status and history of our listings can be viewed in your account. You will receive an email notification, notifying the approval of your listing on our website. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so LearnApe can’t guarantee exact listing durations.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to LearnApe during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Legal notices for LearnApe shall be mailed to LearnApe headquarter: LearnApe UG, Inselstr.10, 10179 Berlin
If a dispute arises between you and LearnApe, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LearnApe agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by reaching out to your LearnApe Manager. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you of amended terms by e-mail. This Agreement may not be otherwise amended except in a writing hand signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.