TERMS OF USE

Thank you for using Learnconnect!


Learnconnect enables tertiary student collaboration across the world for academic and social interactions. Learnconnect's products and services are provided by Learnconnect, Inc. These Terms of Use ("Terms") govern your use of Learnconnect's website, apps, and other products and services ("Services"), unless expressly stated otherwise. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other devices, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).


Honor Code 

All students participating in our online platform or using our services must agree to abide by the following code of conduct:


1. You will register for only one account.

2. You will not post your school homework, quizzes, exams, projects, and other assignments on the platform for others to solve for you (except for assignments that explicitly permit collaboration).

3. You will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by you, as well as any solutions provided by the course staff or others.

4. You will not engage in any other activities that will dishonestly improve your school results or dishonestly improve or hurt the school results of others.


Using Learnconnect

Who May Use our Services


You may use our Services only if you can form a binding contract with Learnconnect, and only in compliance with these Terms and all applicable laws. When you create your Learnconnect account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 (or the minimum legal age in your country to use our Services) is prohibited, and certain features may have additional requirements and/or restrictions.


Our License to You


Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and eligibility requirements and other terms), for content that is covered by intellectual property (IP) rights, like Photos and videos (IP content), you specifically give us the following permission, subject to your post:


• you grant us a non-exclusive, transferable, sub-licensable, royalty-free, Worldwide License to use any IP content that you post or in connection with Learnconnect (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).


You may download content from our Services for your personal, non-commercial use only, unless you obtain Learnconnect's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third-party access to or access information for your account.


Disclaimer of Student-University Relationship


Nothing in these Terms or otherwise with respect to your participation in Learnconnect:


(a) establishes any relationship between you and any educational institution with which Learnconnect may be affiliated except you are a student of that institution;

(b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or

(c) entitles you to use the resources of any educational institution beyond participation on Learnconnect.


Your Content

User Content


The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit via forums ("User Content"), with Learnconnect, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.


How Learnconnect and Others May Use User Content


To the extent that you provide User Content, you grant Learnconnect a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Learnconnect the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Learnconnect may have to User Content, for example, under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.


Feedback


We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Learnconnect does not waive any rights to use similar or related Feedback previously known to Learnconnect, developed by its employees or contractors, or obtained from other sources.


Security


We care about the security of our users. While we work to protect the security of your account and related information, Learnconnect cannot guarantee that unauthorized third parties will not be able to breach our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info@learnconnect.org


Third-Party Content Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Learnconnect cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Learnconnect disclaims any responsibility or liability related to your access or use of such third-party content.


Copyright and Trademark Policy


Learnconnect respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Learnconnect Copyright and Trademark Policy in accordance with applicable laws, including the Digital Millennium Copyright Act.


Education Research


Learnconnect is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.


Paid Services


From time to time, Learnconnect may offer paid services, whether in the form of courses, certificates, memberships, subscriptions, and other paid services. These paid services or services offered at a fee will be governed by our Terms of Service, Refund Policy, and Privacy Policy.


Modifying and Terminating our Services


We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Learnconnect may terminate your use of any Service for any reason. If your use of a paid Service is terminated in the future, a refund may be available under our Refund Policy. None of Learnconnect, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Learnconnect Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.


Disclaimers


THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LEARNCONNECT PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LEARNCONNECT PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.


LEARNCONNECT DOES NOT MAKE ANY WARRANTIES ABOUT THE COMPLETENESS, ACCURACY OR RELIABILITY OF THE INFORMATION ON THE WEBSITE. ANY ACTION YOU TAKE UPON THE INFORMATION YOU FIND ON THIS WEBSITE (LEARNCONNECT.ORG), IS STRICTLY AT YOUR OWN RISK. WILL NOT BE LIABLE FOR ANY LOSSES AND/OR DAMAGES IN CONNECTION WITH THE USE OF OUR WEBSITE.


FROM OUR WEBSITE, YOU CAN VISIT OTHER WEBSITES BY FOLLOWING HYPERLINKS TO SUCH EXTERNAL WEBSITES. WHILE WE AIM TO PROVIDE ONLY QUALITY LINKS TO USEFUL AND ETHICAL WEBSITES, WE HAVE NO CONTROL OVER THE CONTENT AND NATURE OF THESE SITES. THESE LINKS TO OTHER WEBSITES DO NOT IMPLY A RECOMMENDATION FOR ALL THE CONTENT FOUND ON THESE SITES. SITE OWNERS AND CONTENT MAY CHANGE WITHOUT NOTICE AND MAY OCCUR BEFORE WE HAVE THE OPPORTUNITY TO REMOVE A LINK WHICH MAY HAVE GONE ‘BAD'.


WHEN YOU LEAVE OUR WEBSITE, OTHER SITES MAY HAVE DIFFERENT PRIVACY POLICIES AND TERMS WHICH ARE BEYOND OUR CONTROL. ENSURE TO CHECK THE PRIVACY POLICIES OF THESE SITES AS WELL AS THEIR "TERMS OF SERVICE" BEFORE ENGAGING IN ANY BUSINESS OR UPLOADING ANY INFORMATION.


Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LEARNCONNECT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:


(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

(B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE LEARNCONNECT PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR

(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.


IN NO EVENT SHALL LEARNCONNECT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY LEARNCONNECT FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.


YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE LEARNCONNECT PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO LEARNCONNECT'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.


YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Indemnification


You agree to indemnify, defend, and hold harmless the Learnconnect Parties from any and all claims, liabilities, expenses, losses or damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.


Governing Law and Jurisdiction


The Services are managed by Learnconnect, which is located in Salt Lake City, Utah. You agree that any dispute related to these Terms will be governed by the laws of Salt Lake City, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Salt Lake City, Utah as the legal forum for any such dispute.


Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Learnconnect may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Learnconnect. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.


Participating Institutions Learnconnect's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.


Acceptable Use Policy


Learnconnect's mission is to provide universal access to the world's best education platform. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.


Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.


Acceptable Use Policy You are prohibited from using Learnconnect Services to share content that:


1. Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users as young as 13 use Learnconnect, and we do not allow content that is inappropriate for these younger users.

2. Contains credible threats or organizes acts of real-world violence. We don't allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.

3. Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.

4. Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else's intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.

5. Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.

6. Otherwise violates the Learnconnect Terms of Use. Please note that some services/features may have additional rules and requirements.

You also aren't allowed to:

1. Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.

2. Share your password, let anyone access your account, or do anything that might put your account at risk.

3. Attempt to access any other user's account.

4. Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.

5. Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.

6. Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.

7. Try to reverse engineer any portion of our Services.

8. Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.

9. Use our Services to distribute malware.

10. Impersonate or misrepresent your affiliation with any person or entity.

11. Encourage or help anyone do any of the things on this list.


COPYRIGHT AND TRADEMARK POLICY


Learnconnect respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf


If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.


The notice must include the following information:


• the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Coursera to locate the material on the Services;

• the name, address, telephone number, and email address (if available) of the complaining party;

• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

• via mail: Copyright Agent, Learnconnect, Salt Lake City, USA

• via email: info@learnconnect.org

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.


Learnconnect also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Learnconnect in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at info@learnconnect.org, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual's account.


General Terms

Revisions to the Terms


We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.


Severability; Waiver


If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).


Last updated: November 28, 2020