Streamable Learning, Inc.
Effective Date: July 15, 2019
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. BY ACCESSING OR USING THE SERVICES, WHICH INCLUDES VISITING, ACCESSING, AND BROWSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
The Company reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to www.streamablelearning.com. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.
“Content” means all content contained in the Website or accessed through the website, including all text, images, audio content, videos, designs, graphics, information, logos, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of the Company.
“Services” means all services provided by the Company and any brands or websites operated by such and whose services are provided by those sites in which the user has a subscription.
“Website” means any websites, web pages, and any subpages under the Company whether partial or otherwise, including www.stremablelearning.com and any subpages.
“User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.
“The Company” means Streamable Learning. Inc.
“Content Partners” means any third party individual organization whose hosts or co-hosts individual live streams events booked through the platform.
“Live Streams” means a video program offered in a one-to-many format whereby the presenter is accessible from a video and audio perspective but where the participant or attendee is not accessible from a video and audio perspective.
StreamableU provides two distinct services: 1) a calendar of live streaming programs hosted by colleges and other organizations seeking to offer admissions and other information about their products and services (“College Admissions”) and 2) a calendar of post high school planning and college preparation programs (“College Prep”).
The College Admission program calendar is offered to any family, school or district at no-charge. If you want to access this calendar you must create an account and enter the information required in order to activate your free account.
Colleges, universities and other organizations that offer programs as part of the College Admission service do so, in part, to offer information regarding their programs and services. Their participation in the service is based, in part, to help in their recruitment of future possible enrollees and thus information relating to who attended their live or recorded programs is important to such organizations. As such, we provide such data to them as to program registration and attendance. This information is provided to us, by you, as part of your free account registration.
The information we provide to such organizations includes and is limited to the following:
The information is not provided to any other third parties for any additional fees nor is it provided or sold to advertisers or any other third party.
This service is designed to offer comprehensive, cost-effective and convenient college planning and preparation programming. In order to access these programs you will need to set-up an account. As part of the program offering, we will inform the program hosts information regarding program registrants and then after the program, information as to who attended the program. The same information will be provided as to who watched recorded versions of the programs. The information we provide to our College Prep program hosts includes and is limited to the following:
The information is not provided to any other third parties for any additional fees nor is it provided or sold to advertisers or any other third party.
Third Party Applications and Websites
By accessing or using the Services, you represent and warrant to the Company that (i) you have reached the age of majority or legal age in your jurisdiction and who can form legally binding contracts under applicable law; or (ii) those under the age of majority whose parent or legal guardian have agreed to these Terms and Conditions on the minor’s behalf. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
In order to access certain features of the Services and to post any User Content (as defined below) on or through the Services, a parent, legal guardian or teacher must register to create an account (“Account”) on the Website. By creating an Account, you represent and warrant that you are at least 18 years of age. The Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify the Company of any unauthorized use of your Account.
In accordance with any Federal, Provincial or local laws, rules or regulations, we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.
If a school and/or teacher (the “Educational Institution”) with students that are under 18 years of age uses our Services and provides us with personally identifiable information about its students in order to create user profiles for each of its students, such teacher must first obtain written consent from each student’s parent and/or legal guardian to submit such personally identifiable information to us and use such personally identifiable information in the Services.
Permitted Use of the Site
You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that the Company in its sole discretion, deems objectionable. The Company reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason. You agree that you will only access the Services through the Website or only access the website through an approved third party vendors or the Apps. You agree not to do any of the following:
attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Services or any software used to provide the Services;
attempt to breach any security or authentication measures of the Services;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any other third party to protect the Services or the Content;
use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not explicitly permitted by these Terms;
take any actions that damage or tamper with the Services;
interfere or attempt to interfere with other users’ use of the Services;
impersonate or misrepresent your affiliation with any person;
violate any applicable law of regulation; or
encourage or enable any other individual to do any of the foregoing.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or the Content other than for reporting purposes that may have been included in separate agreement between the user, or the user’s employer, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that the Company considers to be in violation of these Terms or otherwise harmful to the Services.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to access and use the Services for educational purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company, its content partners or its licensors, except for the licenses and rights expressly granted in these.
While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of the Company. By submitting such materials, you release your proprietary, intellectual property and all other rights.
Linking and Framing the Site
Links to the Site without the express written permission of the Company is strictly prohibited. To request permission to link to the Site, please contact Customer Product/Support at 917-797-0300. The Company reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
Note to Minors
The Company encourages parents and teachers to spend time with children and to monitor their online activities. Please protect your child’s privacy by instructing them to never provide Personal Information on the Site or through the Product/Service without your prior consent.
The Company consults with all of its content partners around programs listed on the site and their expertise to host and provide content. The Company does not and cannot review, screen, edit or monitor content prior to its access based on the nature of the service and is thus not responsible for such content.
Content that is accessed by users of the site cannot be re-broadcast, recorded or posted to any other site without the express written consent of the Company. The Company maintains the right to edit, modify, post or remove content that it records as part of its service but does not take an ownership interest in content and the Company’s rights do not preclude its content partners right to ask that recordings being removed from the site.
No Advice or Solicitation
The content of the Site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Site.
The Services are protected under patent, copyright, trademark, and/or other laws of thhe United States and foreign countries. The Services and all Content are the property of the Company, its Affiliates, and/or its content partners or others. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of the Company and/or its content partners and is protected as well. Any code or software code that the Company creates, generates or displays in the Services are also protected and you may not copy or adapt such code.
You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from the Company.
If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its content partners without the Company’s and/or the content partner’s written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.
Exceptions to these limitations are limited to: teacher, school or district social media posts whereby still images or short video recordings are made visible. Short video recordings mean recordings that are no longer than 20 seconds. Teachers may also create links to program materials or recordings for use in their classroom or school but may not resell any educational materials that they create and which incorporate such links to any third party.
Disclaimer of Warranty
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND THE COMPANY SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEMENTARY TECHNOLOGY CURRICULUM BY THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Companyits affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.
Term and Termination
These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by the Company upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of the Company The provisions of these Terms will remain in effect even after you cease using the Services.
Third-Party Websites and Content. The Services may contain links to third-party websites, advertisers, services or resources that are not owned or controlled by the Company. You acknowledge and agree that the Company is not responsible for the content of linked third-party websites or the performance of third party software or hardware and does not make any representations or warranties regarding the content or accuracy of materials on such third-party website or the security thereof. If you access any linked third-party websites, you do so at your own risk. You agree that the Company shall not be liable for any loss of damage of any sort relating to your dealings with third parties.
Commercial Use. You agree not to make any unauthorized commercial use of the Services.
Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, the Company’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect the Company’s ability to enforce such term at any point in the future.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. The Company may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services and the Products.
If there are any questions regarding the Company please contact the Company using the contact information provided on the Company’s website.
Last updated: July 15, 2019