Privacy Pledge


Our Commitment To Privacy

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Privacy Pledge


Our Commitment To Privacy

At Learn Jelly, we believe that all students, learning guardians and families will benefit from the confidence and comfort that result from well-conceived and thoughtful policies on privacy protection. That is why we have signed the Student Privacy Pledge. We honor the Pledge as we await the signing of the proposed Student Digital Privacy Act into law. 

Learn more about our privacy policy and online resources:

Learn Jelly Privacy Policy

A detailed look at our privacy practices and policies.

Student Privacy Pledge

Federal Privacy Policy Information and Resources

Family Educational Rights and Privacy Act (FERPA)

FERPA by U.S. Department of Education

Children’s Internet Protection Act (CIPA)

Federal Communications Commission’s CIPA.

(Proposed) Student Digital Privacy Act (SDPA)

Legislative proposal released on January 15, 2015 designed to ensure that data collected in the educational context is used only for educational purposes.

Privacy Policy


Privacy Policy

Privacy Policy


Privacy Policy

Last Updated January 20, 2016

Learn Jelly feels strongly about protecting your privacy and the privacy of your students.

Learn Jelly WILL NOT sell, trade or assign any unaggregated, personally-identifiable information that it collects to third parties outside of Learn Jelly. If Learn Jelly shares any such information with a third party, it will be in accordance with the terms of this privacy policy and for the limited purposes that we discuss below. If you have any questions, concerns or comments regarding this privacy policy, you may contact us at the email and address posted at the end of this policy statement. We are committed to addressing your privacy or security questions or concerns.

For purposes of this Privacy Policy and Learn Jelly, Inc.’s Terms of Use, the phrases “Individual Customer” or “customers that are individuals”, means that an individual, or family, who has directly purchased a Learn Jelly product or service for personal/family use. “School Customer” relates to an educational institution that has purchased products or services and provisions accounts for individual student users.

1. Information Collected by Learn Jelly

In order for a student to participate in the Learn Jelly Free Trial Program, the Learn Jelly Elementary School Program and/or other Learn Jelly products (the “Programs”), a parent or a legal guardian of that student or an authorized school official must first register at the Learn Jelly website. If you do not register at our website, you and your student(s) will not be able to use the programs. This registration process will require you to provide your name and email address. For Individual Customer accounts, we require your phone number, payment method and credit card information, including your billing address. Once you have registered, you may then sign up your student(s) for the Programs by providing each student’s first and last name, gender and their current school grade level; additionally, for Individual Customers, you will be required to provide their date of birth. We call this information “Registration Information.” We will also require a process to verify your consent to the registration of your student and to the collection of your student’s Registration Information. When you and your student(s) participate in the Programs, Learn Jelly will automatically collect information about your patterns of usage, order history, participation in promotions, session data and other information relating to usage, choices and preferences; including that of your student(s). We call this information “Participation History.”

2. How Learn Jelly will use the information collected from you

Email Address: For our customers who are parents and school administration officials, your email address will serve as your login username. Your email address may be used to send a confirmation email at registration, as well as information and updates to the Programs. In some cases we will also email your student’s personal reports to you, with further information about the progress your student is making on the Programs. We may use the email address as an additional means of communicating with you about the Programs and Learn Jelly, including notifying you of updates to the Web Site or its related policies. For our customers that are individuals or students, your name or other identifier set up at registration, or a picture identifier chosen after registration, will serve as your login username.

Student’s Name: Your student’s name will be used to customize your student’s participation in the Programs, as well as to personalize the reports and updates about your student’s progress in the Programs. In addition, for our customers that are individuals or parents or the legal guardian of a student, in some cases we may mail related material to you or your student using your name, or in the case of a student, his/her name, to the mailing address that you provide.

Phone Number: Your phone number will serve as an alternate way of contacting you for the same purposes as the email address.  We will never call a student directly.

Credit Card Information: For our customers that are individuals or parents or legal guardians of a student, in some cases, with your consent, we may use and save your credit card information to bill you for each student that you register for the Programs.

Student’s Date of Birth: If provided, we will use a student’s age to group Performance Data of children of similar age so we can assess performance by age, and improve the program.  Such information will be aggregated with other clients and customers in an anonymous manner and will not include any information that could be used to identify a specific student.

Student’s School Grade Level: We will use a student’s grade level to group Performance Data of children of similar grades so that we can assess performance by grade level, and improve the program. Such information will be aggregated with other clients and customers in an anonymous manner, and will not include any information that could be used to identify a specific student.

Student’s Gender: We will use a student’s gender to personalize the Program’s experience. In addition, we will use a student’s gender to group Performance Data of children of the same gender so that we can assess performance by gender, and improve the program.

Mailing Address: Your mailing address may be used to allow Learn Jelly to mail you various Program materials and ancillary program products. We will never contact a student directly.

Secondary Uses: Registration Information and other information may be used by us for demographic profiling and targeted advertising, although in such cases, the information will be aggregated as ANONYMOUS statistical information. Learn Jelly WILL NOT sell, trade or assign any un-aggregated personal information we collect to third parties outside of Learn Jelly; nor will we ever directly target any type of communication to a student.

Participation History: Participation History will be collected for client care, development, marketing and other operational and business purposes; including improvements to the Programs by Learn Jelly. Such information will not be disclosed to third parties or used for advertising directly to student users.

3. Information Learn Jelly collects directly from your student

Learn Jelly collects information directly from your student through the use of the internet, in the form of the interactions that your student makes when participating in the Programs. We refer to the data resulting from such participation as "Performance Data". This includes, but is not limited to, data on when your student starts and stops a lesson, the responses your student makes to questions asked, the timing of your student’s responses, your student’s choice of character and customizations and the choice of lessons to play that are accessed. We will use Performance Data to (1) measure your student’s performance in each lesson of the Learn Jelly Programs and to adapt the Programs to his or her learning needs, (2) analyze your student’s Performance Data and provide you with periodic progress reports about your student’s performance in the Programs, and (3) make improvements within the Programs. If we need to collect information, that is not Performance Data, directly from a student, Learn Jelly will seek authorization of a parent or guardian prior to collecting such additional information. In addition, we may aggregate your student’s Performance Data with the Performance Data of other students participating in the Programs for marketing and other business related purposes. Aggregate information will be ANONYMOUS and will not identify your student, nor will it be combined with other information that would allow individual students to be identified.

4. Opting-out of providing the information we request

Because the Learn Jelly Programs are individualized and customized for each student, all information that is requested from you and your student is required for you and your student to participate in the Programs, with the exception of certain information to be used for our marketing purposes to you only. At any time, you may revoke your consent in allowing your student to participate in the Learn Jelly Programs, or refuse to allow Learn Jelly to further use or collect your student’s personal information. Any ANONYMOUS performance data will be retained, but we will no longer use any identifiable information regarding you or your student that you have provided. If any foregoing is initiated by you, you and your student will not be able to participate in the Programs.

5. Reviewing and changing your information

You may review and modify your Registration Information at any time by accessing our website using your password.

6. Consent

In order to use the Programs, you will be asked to submit certain personal information about both you and your student to authorize the use of Learn Jelly and its information. For our Consumer that are individuals, if you are a parent or legal guardian of a student that will use Learn Jelly, we will require you to review and submit a Parental Consent as part of the registration process. This process will require you to consent to our collection, and use of all information directly from your student over the Internet as described above.

7. Password Protection

You will be asked to select a password to access the Programs through our website. This password will be used to allow your student to use the Programs. Your password should be kept confidential. Your password will also allow you to review and change the information we collect about you and your student(s).

8. Protecting your information.

No data transmissions over the internet can be guaranteed 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us; you do so at your own risk. Learn Jelly has multiple security measures in place to protect the loss, misuse or alteration of information under our control.

Please note that this Program is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as the EU or other regions; by providing your personal data you consent to the use of your personal data for the uses identified above in accordance with this Privacy Policy and the transfer of your personal data to the United States as indicated above.

9. Your information and third parties

Except as provided in this Privacy Policy, Learn Jelly WILL NOT disclose the information that it obtains from you to third parties without your express written permission, or where we believe, in good faith, that the law requires us to disclose the information.

Learn Jelly WILL NOT sell, trade or assign any unaggregated personal information that it collects to third parties outside of Learn Jelly. We, however, may aggregate the information that we collect from users of our website to create demographic profiles and performance profiles regarding the progress of students who use the Programs. Learn Jelly may share aggregated information with marketing professionals or potential investors. This aggregated information will be compiled and reported in the form of ANONYMOUS group statistics only in such a manner that makes individual student users unidentifiable. In addition, in order to offer and improve the Programs, Learn Jelly may share Registration Information about the parents, legal guardians, and school officials that register to participate in the Programs, along with such registrants’ Participation History, to contractual business partners of Learn Jelly that are directly involved in the sale, distribution, operation, maintenance, and support of the Programs on behalf of Learn Jelly.

Notwithstanding anything to the contrary, as Learn Jelly continues to develop its business, it might sell some or all of its assets. In such transactions, customer information is generally one of the transferred business assets. An acquiring company would be required to protect all information that Learn Jelly collects from users of our website and Programs in accordance with the terms of this Privacy Policy.

10. Unsolicited third-party promotional emails

Learn Jelly will not send you unsolicited third-party promotional emails.

11. Use of cookies

As a standard practice, Learn Jelly uses “cookies”. A cookie is a small amount of data sent to your browser from our web server and stored on your computer, then sent back to the server by your browser each time you access our website. Cookies are used solely for the required operations of our website and services. We do not use cookies to collect any personal information, nor do we use them for behavioral advertising, to build a student profile unrelated to the use of Learn Jelly, or for any other reason.  Please note that if you refuse the Learn Jelly cookie (by turning cookies off in your browser or by clicking “don’t accept” if you have set your browser to warn you before accepting cookies), our Programs will not work.

Cookies cannot be used to gather personal information from your computer.

12. Children’s Online Privacy Protection Act

For our Individual Customers or parents or legal guardians of a student:  Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) that is designed to protect children’s privacy during use of the Internet. Learn Jelly has implemented practices consistent with the guidelines provided by the Federal Trade Commission to date.

Learn Jelly will never knowingly request, obtain, use or disclose personally identifiable information or private content from anyone under the age of 13 without parental consent. For our customers who are individuals, if you subscribe to our Programs, provided you are 18 years of age or older, you will be asked, at the time of registration, whether you consent to allowing users under the age of 13 to use your subscription and to be subject to this Privacy Policy. You must be the parent or legal guardian to grant such consent. If we receive this parental consent, we may receive personal information from children under the age of 13 listed on your subscription account in order to provide our Programs and services to them. Learn Jelly DOES NOT SHARE CHILDREN’S PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES. If you are a parent or legal guardian of a user under 13 you may, at any time, revoke your consent to allow your student to use the Programs under your subscription, refuse to allow Learn Jelly to further use or collect your student’s personal information, or direct Learn Jelly to delete all identifiable information regarding your student that you have provided. To do so, please contact our Privacy Officer at the contact information below. However, if you do any of the foregoing, your student will not be able to use the Programs.

For administrative officials of our School Customers, to the extent that Learn Jelly collects, uses, or discloses personal information from children under the age of 13, it is done in strict accordance with this Privacy Policy and for the sole purpose of providing services to the School Customer and student user.

If you would like more information about COPPA, please go to http://www.ftc.gov/ogc/coppa1.htm.

13. The Children’s Internet Protection Act

The Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress in December 2000 to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding support for Internet access or internal connections from the “E-rate” program — a program that makes certain technology more affordable for eligible schools and libraries. Our Programs do not provide links to external resources or chat rooms, and do not contain any offensive or inappropriate material. If you would like more information about CIPA, please go to http://www.fcc.gov/cgb/consumerfacts/cipa.html.

14. The Family Educational Rights and Privacy Act

For our School Customers:  The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Learn Jelly helps our School Customers be compliant with FERPA. Specifically:

  • Any sensitive online information is transmitted over secure channels

  • All student data are stored in ways that are not publicly accessible

  • Security audits are regularly performed to ensure data integrity

Learn Jelly does not share information with any third parties that could be used to personally identify students. If a school requests that student data be sent to a third party, with parental consent, Learn Jelly will send the data to the school and never directly to the third party.

If you would like more information about FERPA, please go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

15. Amendments

Learn Jelly may amend this Privacy Policy from time to time. We will notify you by email regarding any material changes to our privacy and security practices. Please review all revisions to the Privacy Policy. Your continued use of our website(s) and the Programs after the date Learn Jelly has emailed such notices will be deemed to be your agreement to the changed terms.

16. Contact Us

If you have any questions about your privacy or security measures at Learn Jelly, please contact our Privacy Officer:

Attn: Learn Jelly, Inc.

Credo Conduit

550 East Rollins Street

Orlando Florida 32803

email us at: howdy@learnjelly.com

Terms of Use


Terms of Use

Terms of Use


Terms of Use

Last Updated on January 3, 2016

Acceptance

Welcome to Learn Jelly. Inc.’s website. These Terms of Use govern your use of www.learnjelly.com, play.learnjelly.com, www.learnjelly.net, and www.learnjelly.org, and any successor websites of the foregoing (collectively, the “Site”), any Learn Jelly software, downloaded from this Site or obtained elsewhere (the “Software”), and all of the services made available on the Site (the “Services”). By using the Software, Services or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time. In addition, to the extent our Services or Software require you to set up an account with a password, if you are designated as the parent or legal guardian in the account, or are otherwise the person who first registers for a Service in such account, you agree to be responsible for ensuring that all users on your account comply with these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services or Software, or visit or browse the Site.

These Terms of Use constitute a binding legal agreement between you and Learn Jelly. Inc. (“Learn Jelly,” “we,” “us,” and “our”). If you are using the Site, Services or Software, on behalf of any entity or person (including child), you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf or such person’s behalf, and that such entity or person agrees to indemnify you and Learn Jelly for violations of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Site, Software or the Services.

For purposes of these Terms of Use and Learn Jelly. Inc.’s Privacy Policy, the phrases “Individual Customer” or “customers that are individuals”, means an individual or family who has directly purchased a Learn Jelly product or service for personal or family use and “School Customer” means and educational institution that has purchased products or services and provisions accounts for individual student users.

Modifications

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the fees for the Software or Services. Notice of any material modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site, Software or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, Software or the Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

Registration

Before you can use certain parts of the Software or Services, you may be required to register an account through the Site. If you are a customer that is an individual, you must be 18 years of age or older to register for a Learn Jelly account. In that event, you may add or register additional users to use the Services who are younger than 18 years old if you are such users’ parent or legal guardian. For the avoidance of doubt, if you are a School Customer, the preceding sentence does not apply to you, as the school is neither an individual nor under 18 years of age. You agree to provide true, accurate, current and complete information about yourself and the users of the account as prompted by the Site’s registration form (such information, being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, Software and the Site. If you are a customer who is an individual, you agree that, if you provide any personally identifiable information about a child under age 13 in order to allow them to use the Site, Software or Services, that you are the parent/legal guardian of such child and that you consent to the child’s use of the Site, Software and Service and agree to be bound to these Terms of Use with respect to the child’s use. You understand that the privacy policy will apply to the child’s use of the Site, Software and Service.

For our School Customers, as explained in Learn Jelly’s Privacy Policy, Learn Jelly does not use personally identifiable information (as that term is defined by the Family Educational Rights and Privacy Act) provided by the School Customer about student users for any purpose other than to provide services to the School Customer and the student user.  Such information is maintained confidentially not shared with or sold or otherwise provided to third parties.  Additionally, to the extent that Learn Jelly collects, uses, or discloses any personal information (as that term is defined by the Children’s Online Privacy Protection Act) from children under the age of 13, that information is used solely to permit Learn Jelly to provide services to the School Customer and the student user.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Learn Jelly. Inc., its users, or the public. Without limiting the foregoing, parents, legal guardians, and school officials who have registered accounts hereunder, understand that they are responsible for the acts and activities of their minor children in connection with any use of the Site, Software, and/or Software, and that the privacy policy will apply to their family’s use of the foregoing.

Fee Based Services and Software

Some Services and Software may be offered to you on a fee basis. All fees are quoted and must be paid in U.S Dollars. If you elect to purchase fee-based Services or Software and transmit to Learn Jelly a purchase request, you warrant that your use of the particular credit card or other Learn Jelly accepted payment method is authorized and that all information that you submit to Learn Jelly, or any third party designated by Learn Jelly, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur. Any account name, password, or user ID supplied to you in connection with any fee-based Services or Software you purchase is personal to you and the members of your household, and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based Services and Software without refund and the imposition of additional charges based on your unauthorized use.

Content

The Site, Software and the Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Site, Software or the Services, is the sole responsibility of the person from whom the Content originated and not of Learn Jelly. Inc., or its shareholders, directors, officers, or employees. Learn Jelly. Inc. may review and delete any Content, in whole or in part, that in the sole judgment of Learn Jelly. Inc. violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Learn Jelly. Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site, Software or the Services. It is your responsibility to evaluate the Content available through the Services, Software or the Site. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.

DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

Learn Jelly likes to hear from you. However, please keep in mind that Learn Jelly does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Learn Jelly any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Learn Jelly shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.

The Learn Jelly Blog

All posts by the authors, guest authors and visitors reflect personal thoughts and opinions which are not necessarily those of the company.

Licenses

When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Site, Software or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.

In addition, subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of Learn Jelly; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.

Usage Guidelines and Restrictions

You agree not to use the Site, Software or the Services to:

  1. upload, post, e-mail or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  2. harm minors in any way, or write comments that in any way refer to person(s) under 18 years of age;

  3. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

  4. upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);

  5. upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

  6. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;

  7. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  8. interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

  9. intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;

  10. use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or

  11. frame the Site, Software or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

Termination

You agree that Learn Jelly. Inc., in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, Software and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Learn Jelly. Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Learn Jelly. Inc. may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice.  You agree that any modification or termination of your access to the Site, Software or the Services may be effected without prior notice, and you acknowledge and agree that Learn Jelly. Inc. may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site, Software or the Services. Further, you agree that Learn Jelly. Inc. shall not be liable to you or any third party for any modification or termination of your access to the Site, Software, or the Services.

Privacy

Any information submitted on the Site or the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.

Disclaimers of Warranties; Limitations on Liability

The Site, Software and the Services (including all Content) are provided “as is”; Learn Jelly. Inc. makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the Software or any contents therein. Learn Jelly. Inc. assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the Software or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. LEARN JELLY, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Learn Jelly. Inc. does not represent or warrant that the information on or accessible via the Site or Software, or through the Services is complete, current or will be updated or corrected. Learn Jelly does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site or featured in any banner or other advertising. While Learn Jelly attempts to make your access and use of the site, the services, and the software safe, Learn Jelly cannot and does not represent or warrant that the site, the software, or its server(s) are free of viruses or other harmful components; therefore, you should use industry recognized software to detect and disinfect viruses. LEARN JELLY INC.’S AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. LEARN JELLY, INC. AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. LEARN JELLYINC.S’ AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE SOFTWARE, THE CONTENT, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE FEES WE CHARGE, IF ANY, AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITE, SERVICES AND/OR THE SOFTWARE.

If you are dissatisfied with the Site, Services and/or Software, or with any terms, conditions, rules, policies, guidelines or practices of using the Site, Services and/or Software, your sole remedy is to discontinue using the Site, Services and/or Software.

Indemnity

You agree to indemnify and hold Learn Jelly. Inc. or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Software, the Services, or Content, including without limitation these Terms of Use. For the avoidance of doubt, your indemnification obligations described in this section will not apply in the event that a loss, liability, claim, or demand is caused by our gross negligence.

Links and Advertising

We do not provide links to other Web sites or resources to our School Customers.  However, for our customers that are individuals, we may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. LEARN JELLY INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software or the Services.

Governing Law and Arbitration

These Terms of Use are governed in all respects by the laws of the State of Florida, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Florida n law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, Software or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida, U.S.A.

Learn Jelly controls and operates this Site from its offices in Orlando, Florida, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site, Software and Services from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Release

In the event that you have a dispute with one or more users of the Site, Software or the Services, you release Learn Jelly. Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code — 1542, which says: “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.”

Claims of Copyright Infringement

Learn Jelly. Inc. respects the intellectual property rights of others, and requires that the people who use the Site, Software and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on the Site, Software or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

  2. identification of the copyrighted work that you claim has been infringed;

  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

  4. your name, address, telephone number, and e-mail address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Use and to terminate a user’s account. Our designated agent to receive notification of claimed infringement under the Digital Millennium

Copyright Act OF 1998 (“DMCA”) is:

Attn: Learn Jelly

Credo Conduit

550 East Rollins Street

Orlando Florida 32803, U.S.A.

Attn: Copyright Infringement

After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.

Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, Software or the Services, we will replace the removed material and cease disabling access to it.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

  1. your physical or electronic signature;

  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.

General

Learn Jelly. Inc.’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site, Software or the Services, you consent to receiving electronic communications from Learn Jelly. Inc. These communications will include notices about your account and information concerning or related to the Software or Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Learn Jelly. Inc. is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. In these Terms of Use, the word “including” shall be construed as if followed by the words “but not limited to.” These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and Learn Jelly. Inc. and supersede all prior agreements between the parties regarding the subject matter contained herein.

Questions

If you have questions regarding these Terms of Use, contact us at howdy@learnjelly.com.