Effective Date: July 2, 2017
Welcome to Lessoncast! We invite you to access our websites and use the Lessoncast service, but please note that your invitation is subject to your agreement with these Terms. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.
The Lessoncast Software (as defined below), the Lessoncast service, and other products, services and websites hosted or made available by Lessoncast, including, Lessoncast.com and the mobile applications Binder, Locker and Board by Lessoncast are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.
You are one party to this contract. If you reside in the United States or Canada, then the other party to this contract is Lessoncast Learning LLC, a limited liability corporation headquartered in Maryland. As applicable, may be referred to in these Terms of Service as “Lessoncast,” “we” and sometimes “us”).
On some occasions, Lessoncast may provide products or service subscriptions while acting as an authorized reseller of third-party products.
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
A limited set of services may be provided to unregistered users that simply visit the Lessoncast.com site. These will generally be limited to viewing content that the content creator or community administrator has categorized as open to the public. We, the content owner or the community administrator, without warning or liability, may revoke this open categorization at any time.
To become a registered and paid user of the site, you need to create a Lessoncast account. You create an account by purchasing an individual licensing or being invited to a community with a registration code. As part of the registration process you will provide to us first and last name and an email address. We will then ask you to create a password. We refer to all of this information as your “Account Information.” We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our online support team.
Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Lessoncast also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Lessoncast service accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances. Lessoncast provides a number of mechanisms to allow you to share your Content with others. We strongly urge you not to share your Account Information with anyone.
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Lessoncast Software provided to you by or on behalf of Lessoncast Learning LLC, for the sole purpose of enabling you to use the Lessoncast Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Lessoncast Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Lessoncast or the Service.
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Lessoncast a limited license, as described below, so we can make your data accessible and usable on the Service.
In order to enable Lessoncast to operate the Service, we must obtain from you certain limited license rights to process your Content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting Lessoncast a license to display, perform and distribute your Content and to modify your content (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable Lessoncast to operate the Service. You also agree that Lessoncast has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Lessoncast to make such Content available to, and pass these rights along to, others with whom Lessoncast has contractual relationships related to the provision of the Lessoncast service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Lessoncast determines such access is necessary to comply with its legal obligations.
Lessoncast does not claim ownership of any content you submit or make available for inclusion on the Service other than anonymized, aggregated data derived therefrom.
Lessoncast is a forum for sharing, discussing, systematically evaluating and finally disseminating information on great teaching. As such other teachers will be interested in viewing, modifying and creating alternative or derivative works from your content. Once you SHARE content with other Lessoncast users beyond your community you grant Lessoncast and other users the rights to display, modify, copy or create derivate work from your Content. (You know all that stuff that good teachers do).
By sharing content beyond your private community in Lessoncast you:
Notwithstanding anything in the foregoing to the contrary, you agree that any ideas you SUBMIT to Lessoncast (for example, with respect to the improvement of our Service) will automatically become the property of Lessoncast, without compensation to you, and that Lessoncast may use any such ideas for any purpose, in any way.
Other than this limited license and other rights you grant in these Terms, Lessoncast acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Lessoncast service.
In general, you agree to act responsibly and to treat other users with respect. No user may use the Service to harass or abuse other users. In its sole discretion, Lessoncast may remove or terminate access to the Service to any user who has harassed another user. If Lessoncast has any reason to believe that a user has violated any Terms or the Agreements, Lessoncast may in its sole discretion terminate or block a user, or seek other remedies and damages.
You agree not to use the Service to do any of the following:
Removal of Content
Lessoncast reserves the right to remove members deemed as spammers or otherwise engaged in unreasonable behavior (e.g., profane or offensive language). Lessoncast may also remove Content of low quality or inappropriate material.
While you own the Content you store within the Lessoncast service, you acknowledge and agree that Lessoncast (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Lessoncast’s servers and all Lessoncast software deployed by you or a third party to enable capturing of Content originating outside the Service, (the “Lessoncast Software”).
In agreeing to these Terms, you also agree that the rights in the Service and Lessoncast Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Lessoncast Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Lessoncast service or Lessoncast Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use Lessoncast Basic, you will not enjoy all of the benefits provided to subscribers of Lessoncast Plus, Lessoncast Premium or Lessoncast Business.
You also acknowledge that a variety of Lessoncast actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Lessoncast has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Lessoncast Plus, Lessoncast Premium, Lessoncast Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate.
In connection with any modification of the Service, Lessoncast may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Lessoncast will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Lessoncast may require you to install the update to continue accessing the Service. In all cases, you agree to permit Lessoncast to deliver these updates to you (and you to receive them) as part of your use of the Service.
Lessoncast shall not be liable for your interactions with any other users, third party organizations and/or individuals that you find, meet, communicate with, or conduct business with on or through the Service. These dealings are solely between you and such users, organizations and/or individuals. You agree that Lessoncast is not responsible for any damage or loss incurred as a result of any such dealings.
You are responsible for resolving disputes with other users. Lessoncast has no obligation with respect to disputes among users but may, in its sole discretion, intervene.
YOU HEREBY RELEASE LESSONCAST, ITS OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES FROM CLAIMS, DEMANDS, AND DAMAGES, ACTUAL AND CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES OR THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to promptly report any user misconduct to Lessoncast.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
You agree to indemnify and hold Lessoncast, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LESSONCAST, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF LESSONCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR LESSONCAST POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE LESSONCAST MARKET; (v) LESSONCAST’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS THROUGH THE LESSONCAST MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service.
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Lessoncast must be delivered by email to legal AT Lessoncast DOT com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
7400 York Road
Towson, Maryland 21204 USA
Attention: Legal Notice
These Terms constitute the entire agreement between you and Lessoncast and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Lessoncast for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of Lessoncast shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.