LLAMANATION TERMS OF USE

Last Updated: June 12, 2020

INTRODUCTION.
1. Welcome to Lessonly, Inc.’s (“Lessonly”) Better Work application (which includes but is not limited to the LlamaNation community and Yellowship event app), a mobile application and corresponding website (collectively, the “App”) for Lessonly’s customers and users like you (“you”, and “your”) to engage with other users and access Lessonly-related content alongside social and interactive features.
2. Lessonly provides the App to you through a platform provided by Socio Labs, Inc. (“Platform Provider”). By using the App, you also agree to the Platform Provider’s Terms of Service, which are available here: https://socio.events/termsofservice.
3. Unless otherwise specified, as used below, the terms “we”, “us” and “our” mean and include both Platform Provider and Lessonly.
4. These Terms of Service (“Terms”) and the associated Privacy Policies apply to your use of the App.
  1. Lessonly is also the “Data Controller” for the purposes of any personal data you may provide. For information on how Lessonly (as Data Controller) uses your personal data, please see the associated Privacy Policy, which is available at https://www.lessonly.com/privacy/.
  2. For information on how Platform Provider (as Data Processor) uses your personal data, please see the associated Privacy Policy, which is available at https://socio.events/privacypolicy.
  3. By using the App, you agree to let us collect and use information as detailed in our respective Privacy Policies. If you are located outside of the United States, you consent to letting us transfer, store, and process your information (including your personal information and content) in and out of the United States. As stated in our Privacy Policy, by creating an account for use of the App and providing your email address, you consent to receive emails from us (including promotional offers and announcements from us and third parties we select).
5. YOU ARE STRICTLY ONLY ENTITLED TO USE THE APP, AND CONSUME CONTENT MADE AVAILABLE THROUGH THE APP, IN ACCORDANCE WITH THESE TERMS. BEFORE YOU CAN USE ACCESS OR USE THE APP, YOU MUST ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. UNLESS OTHERWISE SPECIFIED ON THE WEBSITE OR IN THE APP DETAILS ON THE APPLICABLE APP STORE, TO USE THE APP YOU MUST BE 18 OR OLDER (OR BE 13 OR OLDER AND HAVE YOUR PARENT OR GUARDIAN’S CONSENT).
6. Platform Provider and Lessonly license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App (the respective “App Store”). Platform Provider and Lessonly do not sell the App to you. Platform Provider remains owner of the App at all times, but the content provided by Lessonly via the App is owned by and remains the responsibility of Lessonly.
7. We may occasionally make changes to the App or these Terms. We may change the App at any time. If we change the Terms, we’ll notify you by email and through the App. You must accept these changes in order to continue using the App. You should stop using the App if you disagree with any changes to the App or these Terms.
8. From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.
9. Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend all or any part of the App without notice. We will not be liable if for any reason the App is unavailable at any time or for any period.
ACCESSING THE APP AND THE CONTENT ON THE APP.
1. You may access the App by downloading and installing the App to your device from an authorized App Store, or through the associated website. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the website or the applicable App Store before downloading the App. We will endeavor to support the two most recent versions of the operating systems available in the market (for example, if iOS 12 is the current version, we will aim to support iOS 11 and iOS 12). To download the App, you will need a valid App Store account (as applicable to your device).
2. It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.
3. It is your responsibility to pay for all third-party costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the App.
4. Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.
LICENSE TO USE; RESTRICTIONS IN YOUR USE OF THE APP.
1. In consideration of your complying with these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy, and the Platform Providers Terms of Service and Privacy Policy, and the applicable App Store rules.
2. Specifically, you agree that:
  1. you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
  2. you will only use the App for personal, non-commercial purposes;
  3. you will not access or attempt to access the accounts of other users of the App;
  4. you will not impersonate any person, or misrepresent your identity or affiliation with any person;
  5. you will not post or transmit through the App any content which is or could reasonably be viewed as:
    1. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
    2. inciting violence, or containing nudity or graphic or gratuitous violence;
    3. advertising or promoting a third party or your own products or services;
    4. an unauthorized commercial communication of any kind (including, without limitation, spam);
    5. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;
    6. infringing or violating someone else’s rights (including but not limited to intellectual property rights) or otherwise violates the law;
    7. identifying any person without their consent or disclosing anyone else’s personally identifying information or invading their privacy, or
    8. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.
  6. any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the requirements set out in sections 4)b)v)(1)-4)b)v)(8) above;
  7. you will refrain from doing anything which is defamatory, offensive, damaging or which Lessonly believes might damage its reputation, or that of the App, or a provider of services accessed through the App;
  8. you will not copy the App or any content on the App;
  9. you will not alter or modify the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  10. you will not infringe Lessonly’s intellectual property or either of our other licensors’ intellectual property in relation to your use of the App;
  11. you are solely responsible for your interactions with other users and users through the App;
  12. you will not collect other users’ and users’ content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise;
  13. any content you upload or post to the App will be considered non-confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered);
  14. you will defend, indemnify, and compensate Lessonly fully against any claims or legal proceedings brought against Lessonly by any person as a result of your breach of these Terms;
  15. you will keep your password secure at all times and will not disclose your password to any other person;
  16. you will not allow any other person to use or access your account; and
  17. you will comply with all laws and regulations applicable to you with regard to your use of the App.
SUSPENSION AND TERMINATION.
1. Lessonly may terminate these Terms and close your account at any time without prior notice.
2. Lessonly may remove any content from the App, and my suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate.
3. You may close your account and terminate your agreement with us at any time by emailing us at support@lessonly.com.
INTELLECTUAL PROPERTY.
1. The App, the content provided on the App (other than Your Content as defined below) and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and will remain, the property of Lessonly, Platform Provider, or either of their licensors. You are not granted any intellectual property rights in or to the App or the content (other than Your Content) on the App except for a right to use the App as expressly set out in these Terms. You are not authorized to use Lessonly’s or our licensors’ logos, domain names, trademarks or trade names (whether registered or unregistered) in any manner. Except with respect to Your Content or as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell the App or any content appearing on or through the App.
2. Lessonly does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the App (collectively, “Your Content”). By posting, displaying or publishing any of Your Content on or through the App, you hereby grant to Lessonly a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate Your Content, including without limitation distributing part or all of Your Content in any media formats through any media channels, such as Facebook, Twitter, Pinterest, YouTube, Instagram and on Lessonly’s own websites. You waive any moral rights or equivalent rights in any jurisdiction in relation to Your Content and authorize Lessonly to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate Your Content without referencing you as the author of such work.
3. You represent and warrant that: (i) you own all of Your Content or otherwise have the right to grant the license set forth above, (ii) the posting and use of Your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of Your Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the App, and will defend and indemnify Lessonly against any breach of this representation and warranty.
USER GENERATED CONTENT AND MODERATION; DMCA NOTICE AND TAKEDOWN.
1. As part of the functionality of the App we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App (“User Generated Content”). We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We will have the right (but not the obligation) to delete, remove, monitor, moderate or edit User Generated Content and block links to the App through technological or other means without prior notice.
2. We will not request social security numbers, personal health information, financial information, or other sensitive personal information from you, and you should not post such information in the App. If you are asked for any sensitive personal information while in the App, please report it to us.
3. The U.S. Digital Millennium Copyright Act has established a process for addressing claims of copyright infringement that we have implemented for the App. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the App, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:
  1. A description of the copyrighted work that you claim is being infringed;
  2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
  3. Your address, telephone number, and email address;
  4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
  5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
  6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4. Our designated copyright agent to receive such claims can be reached by email at support@lessonly.com.
5. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
6. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
1. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LESSONLY (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, OR DISTRIBUTORS (COLLECTIVELY, “LESSONLY THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, LESSONLY AND LESSONLY THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER LESSONLY NOR LESSONLY THIRD PARTIES MAKE ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED; NOR DO LESSONLY OR ANY LESSONLY THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE APP. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
2. LESSONLY IS NOT RESPONSIBLE FOR: LOSSES, DAMAGE, COSTS OR EXPENSES NOT CAUSED BY ITS BREACH OF THESE TERMS; THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY OR LICENSOR INTRODUCED TO YOU THROUGH THE APP; THE ACTIONS OR OMISSIONS OF OTHER USERS OF THE APP; ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MEANS A LOSS SUFFERED BY YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE ANTICIPATED THAT TYPE OF LOSS ARISING WHEN YOU AGREED TO THESE TERMS; OR ANY HARM, LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE IF THE APP IS INTERRUPTED, SUSPENDED OR OTHERWISE NOT PROVIDED TO YOU OR IF WE DO NOT COMPLY WITH THESE TERMS BECAUSE OF EVENTS BEYOND OUR CONTROL (FOR EXAMPLE, INDUSTRIAL DISPUTES, TECHNICAL DIFFICULTIES, FAILURE OF OR DELAYS IN COMMUNICATIONS NETWORKS, ACTS OF TERRORISM OR POWER FAILURE).
3. IN NO EVENT WILL LESSONLY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO THE APP, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN THE APP OR ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THE APP RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE APP. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
4. To the extent required by applicable law, the foregoing exclusion does not affect our liability for death or personal physical injury arising from our gross negligence or intentional misconduct, nor any other liability which cannot be excluded or limited under applicable law.
5. We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from or via, the App by other users or third-party service providers. We are not responsible for any transaction you may enter into with a third party via the App and it is up to you to decide whether or not to do so.
6. You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
THIRD PARTY SITES OR SERVICES.
THE APP MAY INCLUDE AND LINK TO FEATURES, WEBSITES AND SERVICES (SUCH AS SOCIAL APPLICATIONS LIKE TWITTER, FACEBOOK, PINTEREST, YOUTUBE AND INSTAGRAM) THAT ARE PROVIDED BY A THIRD PARTY. WE DO NOT CONTROL SUCH THIRD-PARTY SITES OR SERVICES AND ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH SITES OR SERVICES. OUR INCLUSION OF LINKS DOES NOT IMPLY ANY ENDORSEMENT OR ASSOCIATION WITH THEIR OPERATORS. THE TERMS APPLICABLE TO USE OF THAT THIRD-PARTY SERVICE WILL APPLY AND WE WILL NOT BE RESPONSIBLE FOR ANYTHING THAT IS DONE OR NOT DONE BY YOU OR THE THIRD-PARTY SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THEIR SERVICE. WE RECOMMEND THAT YOU REVIEW THE APPLICABLE THIRD-PARTY SERVICE’S TERMS AND CONDITIONS OF USE AND SALE BEFORE USING SUCH THIRD-PARTY SERVICE OR PURCHASING ANY PRODUCTS OR SERVICES.
CONTACT US.
1. To contact Lessonly, please email us at support@lessonly.com
2. If we have to contact you, we will do so by e-mail to the address you provided to us when you signed up for the App or via the App.
DISPUTES.
1. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.
2. Unless otherwise required by applicable law, any disputes with Lessonly in connection with these Terms will be governed by and interpreted in accordance with the laws of the State of Indiana and the courts of the Southern District of Indiana will have exclusive jurisdiction to hear any such claims made in relation to these Terms.
OTHER TERMS.
1. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.
2. Lessonly controls and operates the App from our offices in the United States of America. We do not represent that materials on the App are appropriate or available for use in other locations. Persons who choose to access the App from other locations do so at their own risk, and are responsible for compliance with the laws of that territory.
3. If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
4. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
5. These Terms are not intended to give rights to anyone except you and us. Except as otherwise expressly stated, these Terms contain the entire agreement between Lessonly and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between Lessonly and you relating to use of the App.