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Terms & Conditions of Use

 

Last Revision: August 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR MOBILE APPLICATION YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITE, MOBILE APPLICATION IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms and Conditions of Use (“Terms”) apply exclusively to your access to and use of the websites and mobile applications (each a “Site” and collectively, the "Sites") of MyLearningChallenge.com. The Terms do not alter in any way the terms or conditions of any other agreement you may have with MyLearningCallenge.com, or our subsidiaries or affiliates.

Use of the site

By accessing or using our Site you agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. MyLearningChallenge reserves the right to change or modify these Terms at any time and in our sole discretion. If MyLearnigChallenge makes changes to these Terms, we will provide you with notice of such changes,, posting a notice on our Site or updating the effective date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.

Privacy Policy

Please refer to our Privacy Policies for information on how MyLearningChallenge.com collects, uses and shares information about users of the Site.

Registration and Accounts

In order to use some features of the Site, you will need to register for an account and provide information about yourself, including your name and email address.. You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify MyLearningChallenge.com if you discover or otherwise suspect any security breaches related to the Site. You are solely responsible for the use of your account credentials.

Ownership, License and Restricttion on Use

MyLearningChallenge.com provides all information on the Site (together with all content and the underlying source HTML files that implement the hypertext features) exclusively under these Terms and all applicable laws. Unless otherwise indicated, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belong to MyLearningChallenge.com, its licensors, or suppliers. In addition, the names, images, pictures, logos and icons identifying MyLearningChallenge products and services are proprietary or licensed marks of MyLearningChallenge.com, its licensors, or suppliers. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

You are hereby granted a personal non-exclusive, non-transferable, limited license to view the Site, and to download and/or print insignificant portions of materials retrieved from the Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Site, including but not limited to materials retrieved therefrom or the underlying code, may be reproduced, republished, reverse-engineered, copied, uploaded, downloaded, displayed, modified, licensed, transmitted, or distributed in any form or by any means or for any commercial purpose, without the express written permission of MyLearningChallenge.com. Nothing herein transfers any right or license to the underlying code of any of the Site.

By submitting User Content (as defined below) , you automatically grant MyLearningChallenge.com a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as MyLearningChallenge.com deems appropriate including, but not limited to, in connection with MyLearningChallenge.com or its subsidiaries' or affiliates' businesses.

The Site may be used only for lawful purposes by individuals using authorized services of MyLeaningChallene.com. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. MyLeaningChallene.com specifically prohibits any use of the Sites, and requires all users to agree not to use the Sites for any of the following:

        • - Posting any information which is incomplete, false, inaccurate or not your own;
      • - Impersonating another person;
      • - Constituting, engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
      • - Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
      • - Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
      • - Posting material that infringes on any other intellectual property, privacy or publicity right of another;
      • - Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws; or
      • - Attempting to interfere in any way with the Site or MyLeaningChallene.com networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
      • - Violations of system or network security may result in civil or criminal liability. MyLeaningChallene.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
      • - Gaining access to data not intended for such user or logging into a server or account which user is not authorized to access;
      • - Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      • - Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or
      • - Sending unsolicited e-mail, including promotions and/or advertising of products or services, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Links to Third Party Sites

MyLeaningChallene.com does not provides links to third party web sites other than its Social Media.

Disclaimers

THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND MYLEARNINGCHALLENGE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. MYLEARNINGCHALLENGE DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE. MYLEARNINGCHALLENGE.COM MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SITES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VI) ANY OTHER MATTER RELATED TO THE SITES, INCLUDING THEIR CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY EVEN IF A COVERED PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "Covered Party"means MyLearningChallenge.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Communications

You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner's express permission. You are solely liable for any damages resulting from your failure to obtain consent.

You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

MyLearningChallenge has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.

The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please send a written notification (“the Infringement Notification”) containing all the following information:

A 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 at a single online site are covered by a single Infringement Notice, a representative list of such works at that site;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;

- A statement that you have 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 Infringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact Information for notice of claims of copyright infringement on or relating to the Site is as follows:

mylearningchallenge.com

help_kids@mathness.org

 

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